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  • FIRST POST
    • MSE Andrea
    • By MSE Andrea 5th Nov 12, 5:58 PM
    • 8,629Posts
    • 20,865Thanks
    MSE Andrea
    Ask a StepChange (formerly CCCS) counsellor a bankruptcy question
    • #1
    • 5th Nov 12, 5:58 PM
    Ask a StepChange (formerly CCCS) counsellor a bankruptcy question 5th Nov 12 at 5:58 PM
    StepChange Debt Charity (formerly CCCS) has several counsellors answering questions in our forum.

    There are three ways to contact them:

    1 - To ask them a question please post it below and Allen, Linsi, Kirsty Rachael or Richard will post a reply here.

    2 - If you would prefer to ask a question in private you can send a private message to StepChange Private Messages and one of the counsellors will get back to you.

    3 – StepChange Debt Remedy is a free and confidential online debt advice tool. You can put a budget together at your pace, and you can also talk it over with an advisor through online chat.

    This thread continues from the previous Ask a counsellor a question thread one
    Last edited by MSE Andrea; 14-12-2016 at 1:40 PM.
    I'm on annual leave until Monday 6 November. If you have a question please go via our Site FAQs


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Page 53
  • StepChange_Allen
    Hi,
    The DWP is attempting to force a DEA (Direct Earnings Attachment) on me for crisis loans I took out back in 1999/2000. These debts formed part of my bankruptcy which took place shortly after I took out these loans. Can they still take this action even though the debts were part of my bankruptcy? They first contacted me around 2009/2010 - almost 10years after I took out these loans! I informed them at that time that the debt was part of my bankruptcy and heard nothing from them until about 2014. I contacted them again to say that I had already contacted them regarding this and explained again about the bankruptcy. It is now 2017 and they are now attempting to setup DEA deductions direct from my employer! I am reluctant to speak them again as I have repeated myself so many times with them, so would rather get the right advice before contacting them again. Any help you can give me would be greatly appreciated.

    Thanks in advance
    Originally posted by desparatedan
    Hi Dan

    Welcome to the forum and thanks for your message.

    Social Fund (crisis) loans were provable and included in bankruptcy applications before 19th March 2012. It seems from what you've said that your bankruptcy was before that, and if so, you're right that they should have been included.

    I recommend speaking with them to explain this and advise you're not happy at being contacted again about this debt. If they insist they will carry on with action, ask them why and let us know. If they agree they won't chase the debt, consider asking them for something in writing to confirm this.

    I hope this helps.

    Allen
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • willunhappy
    • By willunhappy 5th Feb 17, 2:25 PM
    • 7 Posts
    • 3 Thanks
    willunhappy
    to allen from stepchange
    Thank you for your help, Its great to know there are good people willing to give advice. Now feeling a bit more in control.

    will
  • StepChange_Allen
    to allen from stepchange
    Thank you for your help, Its great to know there are good people willing to give advice. Now feeling a bit more in control.

    will
    Originally posted by willunhappy

    Hi Will

    Thanks for your kind comments.

    It was my pleasure to help and I wish you all the best with everything moving forward.

    Allen
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • paddyisis
    • By paddyisis 7th Feb 17, 10:52 AM
    • 10 Posts
    • 1 Thanks
    paddyisis
    I'm hoping someone can help... I was declared bankrupt in 2014 and discharged in 2015, I'm trying to clean up my credit file at the moment. My Equifax search shows no record of my bankruptcy although obviously still shows several defaulted accounts. I'm not sure whether this is correct or not and whether it is actually a good thing! ? I've contacted Equifax and they say they have checked with the insolvency service and they see no record of my bankruptcy - would this be because I've been discharged? They've told me to contact the insolvency service but I thought I'd ask here first.
    Any help would be appreciated
    • Chris026
    • By Chris026 7th Feb 17, 2:20 PM
    • 5 Posts
    • 1 Thanks
    Chris026
    Can I go bankrupt?
    Basically I have been really struggling with debt since being left with it all from my first divorce
    Stupidly got married again and bought a guest house in joint names, she won the guest house in the divorce and I got all the associated debts apart from the mortgage.
    I think bankruptcy is the best option for me as I am unemployed and 6 months behind on most payments.
    My ex has been ordered to pay about 5 grand when I sign over the ownership of the hotel but I would have to stay on the mortgage till october so would still be eligible if she missed payments, which is obviously very risky for me
    Could I file for bankruptcy now or could I hold off my debt collectors for another 8 months and go bankrupt once I have the money and the property is signed over to her?
    I'm just thinking the complications come in when I need to go bankrupt but I'm still on a mortgage even though it has been awarded to someone else
  • StepChange_Kirsty
    Hi Paddy,

    Thanks for your post.

    Usually when you’re made Bankrupt, a marker will be put on your credit report to show this and it will last for a period of six years. It does indeed sound odd that it is not showing on your Equifax report. Have you tried checking with the other credit reference agencies such as Experian and Call Credit to see if it shows with them?

    You’re right that you won’t be showing on the individual insolvency register anymore as the entry will have been removed around three months from when you were discharged.

    It’s hard to say whether is it a good thing or not, as I say it might be showing on your other credit reports and as you say, you still have the defaults.

    Due to the defaults, it's already going to be more difficult for you to obtain further credit even just to repair your credit file. The defaults will automatically be removed after six years from the default date. What you need to make sure is that when the default is removed, the actual account listing is removed as well because the debts were written off in the Bankruptcy. If not, I would definitely recommend contacting the credit reference agencies with your Bankruptcy discharge certificate at that point.

    If you’re intending to apply for further credit, many of the applications will ask if you’ve been made Bankrupt in the last six years. You must always be honest about this even if it is not showing on your credit report. As a result it is unlikely your eligibility will be much different whether the Bankruptcy is on your credit file or not.

    If you’d like more information about the impact of different markers on your credit report I would suggest contacting the credit reference agencies; Experian, Call Credit and Equifax directly.

    All the best

    Kirsty


    I'm hoping someone can help... I was declared bankrupt in 2014 and discharged in 2015, I'm trying to clean up my credit file at the moment. My Equifax search shows no record of my bankruptcy although obviously still shows several defaulted accounts. I'm not sure whether this is correct or not and whether it is actually a good thing! ? I've contacted Equifax and they say they have checked with the insolvency service and they see no record of my bankruptcy - would this be because I've been discharged? They've told me to contact the insolvency service but I thought I'd ask here first.
    Any help would be appreciated
    Originally posted by paddyisis
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
  • StepChange_Kirsty
    Hi Chris,

    Thanks for your post.

    Your situation does sound quite complicated at the moment and there are a number of different factors to consider before you make the decision to go Bankrupt.

    The first factor is whether Bankruptcy is even the right option for you. We can provide you with free and impartial debt advice to help you establish this but to do this we’d need some further information from you. If you contact us we can help you to create a budget over the phone and you’ll speak to an experienced debt advisor who will work out if Bankruptcy would work for you or what other options might be more suitable for your individual circumstances.

    In the situation we do suggest Bankruptcy; the debt advisor will give you the contact details for our Bankruptcy Support Team. The debt advisor’s in the Bankruptcy Support Team specialise in Bankruptcy and will be able to discuss in more detail if it is right to go Bankrupt now, or if it might be worth waiting until you’re removed from the mortgage.

    I hope this makes sense and we hope to hear from you soon.

    Kirsty


    Can I go bankrupt?
    Basically I have been really struggling with debt since being left with it all from my first divorce
    Stupidly got married again and bought a guest house in joint names, she won the guest house in the divorce and I got all the associated debts apart from the mortgage.
    I think bankruptcy is the best option for me as I am unemployed and 6 months behind on most payments.
    My ex has been ordered to pay about 5 grand when I sign over the ownership of the hotel but I would have to stay on the mortgage till october so would still be eligible if she missed payments, which is obviously very risky for me
    Could I file for bankruptcy now or could I hold off my debt collectors for another 8 months and go bankrupt once I have the money and the property is signed over to her?
    I'm just thinking the complications come in when I need to go bankrupt but I'm still on a mortgage even though it has been awarded to someone else
    Originally posted by Chris026
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • willunhappy
    • By willunhappy 9th Feb 17, 1:15 PM
    • 7 Posts
    • 3 Thanks
    willunhappy
    Hi here,s an odd one
    , if you look at your noddle report. Since you logged on to them and told them where you have lived for 3 years and say more than one address and of course your current address can people get hold of you thought noddle for the debts?

    will
  • StepChange_Linsi
    Hi Will

    Thanks for your post and welcome to the forum.

    Credit reports are private and you have to give permission for a search to be made. Permission is normally given as part of the application process when applying for credit such as a credit card, loan or overdraft.

    If you’ve previously applied for credit and your application was successful the creditor may be able to access your credit report for the duration of the agreement. This would be included in the terms and conditions of the agreement.

    If you have debts and have fallen behind with your payments then your creditors could take further action against you. They’re allowed to send any paperwork to your last known address, so it’s a good idea to make your creditors aware of your current address. This way you’ll be informed of any action they may be planning to take.

    If you’re struggling to repay your debts we’ll be able to help and recommend the right debt solution for you. Here are our contact details.

    If you have any more questions about your credit report there’s a frequently asked questions section on the Noddle website along with their contact details.

    I hope this helps.

    Linsi


    Hi here,s an odd one
    , if you look at your noddle report. Since you logged on to them and told them where you have lived for 3 years and say more than one address and of course your current address can people get hold of you thought noddle for the debts?

    will
    Originally posted by willunhappy
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • willunhappy
    • By willunhappy 11th Feb 17, 1:30 PM
    • 7 Posts
    • 3 Thanks
    willunhappy
    hi linsi
    thank you for the help. Just getting things sorted out and finding out where and with whom my debts are. What happens if i miss a debt does that get added to the BR or is it just tough.

    will
  • StepChange_Kirsty
    Hi Will,

    Thanks for your post.

    If a debt comes to light which was missed in error but was owed at the time of your bankruptcy order, this will still be included in your bankruptcy.

    If you decide to go through bankruptcy, it would be your duty to make sure you disclose details of all of your debts to the Official Receiver (OR) to the best of your knowledge.

    There are exceptions such as if the debt wouldn’t normally be included in bankruptcy or it was taken out after the date of the bankruptcy order. Our website gives further information about the types of debts which are included/ excluded in bankruptcy.

    I hope this helps.

    Kirsty

    hi linsi
    thank you for the help. Just getting things sorted out and finding out where and with whom my debts are. What happens if i miss a debt does that get added to the BR or is it just tough.

    will
    Originally posted by willunhappy
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • Mayurua
    • By Mayurua 28th Feb 17, 5:48 PM
    • 1 Posts
    • 0 Thanks
    Mayurua
    Setting money aside to manage during bankruptcy proces
    Hi
    I've read in several places that while preparing for bankruptcy I should hold enough cash back to cover me while bankruptcy goes through . At the same time I feel this could be against the rules is there a suggested amount that I am allowed to withdraw and keep to tide me over
    Hope I've put this in right place mant thanks
    Dave
  • StepChange_Allen
    Hi
    I've read in several places that while preparing for bankruptcy I should hold enough cash back to cover me while bankruptcy goes through . At the same time I feel this could be against the rules is there a suggested amount that I am allowed to withdraw and keep to tide me over
    Hope I've put this in right place mant thanks
    Dave
    Originally posted by Mayurua
    Hi Dave

    Welcome to the forum and thanks for your message.

    We suggest that if your account is on credit, withdrawing the full balance of the account. If you're overdrawn, just withdraw enough to pay for essentials like food and travel to last a few days.

    It's important to then list this amount of cash as cash in section 4 (assets) of the bankruptcy application.

    I hope this helps.

    Allen
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • joa1210
    • By joa1210 6th Mar 17, 10:56 AM
    • 14 Posts
    • 2 Thanks
    joa1210
    Hi, i have just been through the step change form and bankruptcy is coming out as advised (which i already knew in my heart) but i still have so many questions.
    i have no equity in my house so may not lose it, however i am 8 weeks pregnant ( the reason that i have been given the push to get my head out of the sand) and we need more room, can we consider moving before the bankruptcy? we can find a bigger house for the same cost as my mortgage and secured loan combined.
    what happens with phone/gym contracts?
    i am sure there will be lots more over the next few days
    Thanks

    Jo
    *edited to add that so far i am not in any arrears and never have missed mortgage or loans, but my husband is currently out of work and my outgoings are more than my current incoming, the only thing that will change in the future is that i will be on mat leave from sept/oct so while m husband may be in regular work my income will significantly drop
    Last edited by joa1210; 06-03-2017 at 10:59 AM.
  • StepChange_Kirsty
    Hi Jo,

    Thanks for your post and welcome to the forum.

    If you’ve completed our online Debt Remedy tool I would recommend you give us a call and we’ll be able to go through your questions over the phone. This will enable the Debt Advisor to log in and see the information you’ve completed in order to give you more detailed advice based on your individual circumstances.

    Our contact number is 0800 197 1704 and we’re available Monday to Friday 8am to 8pm and Saturday 9am to 2pm. Please have your web reference number to hand when you call.

    We look forward to hearing from you.

    Kirsty

    Hi, i have just been through the step change form and bankruptcy is coming out as advised (which i already knew in my heart) but i still have so many questions.
    i have no equity in my house so may not lose it, however i am 8 weeks pregnant ( the reason that i have been given the push to get my head out of the sand) and we need more room, can we consider moving before the bankruptcy? we can find a bigger house for the same cost as my mortgage and secured loan combined.
    what happens with phone/gym contracts?
    i am sure there will be lots more over the next few days
    Thanks

    Jo
    *edited to add that so far i am not in any arrears and never have missed mortgage or loans, but my husband is currently out of work and my outgoings are more than my current incoming, the only thing that will change in the future is that i will be on mat leave from sept/oct so while m husband may be in regular work my income will significantly drop
    Originally posted by joa1210
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • Violet1881
    • By Violet1881 9th Mar 17, 8:10 PM
    • 25 Posts
    • 16 Thanks
    Violet1881
    Hello

    I am currently bankrupt and my credit file shows me as still financially linked to my ex partner who isn't bankrupt but possibly in debt due to our joint debts of many many years ago. These are the debts I have declared myself bankrupt for.

    When am I able to disassociate myself financially from my ex? Can I do it now during my bankruptcy or after the 12 months is up? or will we remain linked for the whole six years of my bankruptcy?

    Thank you.
    Been around the world and I I I ..... changed my username
  • StepChange_Linsi
    Hi,

    Thanks for you post.

    If these accounts are now closed which is likely due to your bankruptcy, you’ll need to contact the credit reference agencies to break the link on your credit report.

    Here’s a link explaining how, for each credit reference agency:

    Experian: https://www.experian.com/uk/online-dissassociation-form.html

    Noddle (Call Credit): https://www.noddle.co.uk/f-a-q

    Clear Score (Equifax): https://help.clearscore.com/index.php?/Knowledgebase/Article/View/198/7/how-can-i-add-a-notice-of-disassociation-to-my-report

    I hope this helps.

    Linsi


    Hello

    I am currently bankrupt and my credit file shows me as still financially linked to my ex partner who isn't bankrupt but possibly in debt due to our joint debts of many many years ago. These are the debts I have declared myself bankrupt for.

    When am I able to disassociate myself financially from my ex? Can I do it now during my bankruptcy or after the 12 months is up? or will we remain linked for the whole six years of my bankruptcy?

    Thank you.
    Originally posted by Violet1881
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • Violet1881
    • By Violet1881 10th Mar 17, 6:58 PM
    • 25 Posts
    • 16 Thanks
    Violet1881
    Thank you for the links.

    Are the accounts closed even if only one party has gone bankrupt? They were joint loans.

    Thank you.
    Been around the world and I I I ..... changed my username
  • StepChange_Linsi
    Hi

    I’m glad you found the links helpful. I forgot to mention that you only need to update one of the credit reference agencies listed. Whichever you choose will then update the other two.

    Joint accounts can be closed if one person goes bankrupt. Having said this, if your ex-partner is still maintaining the contractual payments then the account may remain open.

    However as you’re not liable for these debts anymore, you should still be able to remove a financial connection.

    All the best,

    Linsi


    Thank you for the links.

    Are the accounts closed even if only one party has gone bankrupt? They were joint loans.

    Thank you.
    Originally posted by Violet1881
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • toddie1982
    • By toddie1982 13th Mar 17, 2:19 PM
    • 1 Posts
    • 0 Thanks
    toddie1982
    Hi there, I have sent you a private message, hope it was received ok
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