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  • FIRST POST
    • KJ2886
    • By KJ2886 16th Apr 17, 11:29 AM
    • 32Posts
    • 6Thanks
    KJ2886
    Facing up to bankruptcy!.. need help!
    • #1
    • 16th Apr 17, 11:29 AM
    Facing up to bankruptcy!.. need help! 16th Apr 17 at 11:29 AM
    Hi Everyone, Ive been reading posts on here for a while and finally facing up to the possibility of bankruptcy!

    I owe approx 35k in Overdrafts, Credit Cards and a payday loan and im so annoyed with myself I let things get this bad! Due to gambling and general over spending, balance transfers and ending up using cards again and 0% offers ending and debt increasing!
    I hadnt missed any payments until 2-3 months ago and I was all set up to start a DMP, opened up a new bank account, wrote to a few of my creditors (online) but not all, got a pack from Stepchange - but never got up to filling it in!
    My new account is with Halifax but then realised thats part of Lloyds banking group, and one of my debts is Lloyds (£1500 overdraft) so thats why I never actually started with the DMP yet

    I went to check my credit file on noddle adding up all my debts and then I saw a CCJ on my account from Oct 2016 for £5000! and now im freaking out and scared about what will happen now! Haven't contacted anyone about the CCJ yet (Is listed at an old address so this is first ive heard about it)
    Im now worried ill have bailifs at my door or they will take my car etc now

    I dont know what to do now!
    Im dealing with this alone and I dont want any family to know what Ive got myself into

    Thank you for reading
Page 3
    • KJ2886
    • By KJ2886 6th Jul 17, 10:44 AM
    • 32 Posts
    • 6 Thanks
    KJ2886
    I got the judgment set aside
    I now have 3 weeks to submit a written defence and to tell the official reciever (when I hear from them) about the set aside and about going for a defence
    Then its up to the claimant if they pursue someone whos bankrupt

    As its included in my bankruptcy it wont effect me if its not held up my defence will it if they still pursue it? they would just get their share if I get an IPA wouldnt they?
    • KJ2886
    • By KJ2886 10th Jul 17, 6:34 PM
    • 32 Posts
    • 6 Thanks
    KJ2886
    I had a letter today informing me my that I have my phone call tomorrow and im worried about it now.
    I also have some forms to sign but they have to be witnessed by someone... And i dont know who can witness it!
    • KJ2886
    • By KJ2886 11th Jul 17, 9:17 PM
    • 32 Posts
    • 6 Thanks
    KJ2886
    I had my interview today! Lasted 30 mins but dont think it went well!
    Think I might end up with an IPA and BRU :/
    When asked if i have say £100 spare each month to pay for an IPA and how much I was paying to credit cards when i was paying them as it was more than £100 and about the gambling and may have more questions for me about the taking on the cards and the expectations of repayments of getting credit I couldnt pay back

    There was a couple things I forgot to mention and say in my interview I wish I had now and not sure if ill get the opportunity now or how to go about it!
    • Dell2u
    • By Dell2u 11th Jul 17, 10:23 PM
    • 14 Posts
    • 2 Thanks
    Dell2u
    Oh dear, but this was probably going to happen due to gambling debt. I am fully expecting the same as majority of my debt gambling too. I'm prepared to take whatever punishment is meted out... I have no assets anyway and am used to surviving on tiny budget each month.

    U are further down the road than me to getting some stability in your life. Hope it gets better for you and keep us updated on your situation.
    • KJ2886
    • By KJ2886 11th Jul 17, 10:30 PM
    • 32 Posts
    • 6 Thanks
    KJ2886
    Its a catch 22 really! I reduced lots and made lots of cut backs to pay for credit cards yet and hadnt missed any payments until 4-5 months ago to now with a bankruptcy making the most of allowences to avoid an IPA or one too big makes them question about getting the credit in the first place if my income/outgoings havent changed
    • KJ2886
    • By KJ2886 14th Jul 17, 4:13 PM
    • 32 Posts
    • 6 Thanks
    KJ2886
    Had a letter today about an IPA of £180 per month!!! eek!

    When I did my income and expendidure for the application I had a lot less than this listed and a lot of my income is benefits!
    Feeling very stressed out now!
    • fatbelly
    • By fatbelly 14th Jul 17, 6:52 PM
    • 11,057 Posts
    • 8,248 Thanks
    fatbelly
    Had a letter today about an IPA of £180 per month!!! eek!

    When I did my income and expendidure for the application I had a lot less than this listed and a lot of my income is benefits!
    Feeling very stressed out now!
    Originally posted by KJ2886
    I've not actually challenged one before. But an IPA is only an IPA if you agree. If you object they have to either move a bit or force it into an IPO.

    You first need to see how this has been calculated. They should only be taking from your earned income (not benefits) and then only what is genuine surplus after reasonable expenditure on essentials.

    National debtline may have more experience of challenging an IPA
    • KJ2886
    • By KJ2886 15th Jul 17, 4:22 PM
    • 32 Posts
    • 6 Thanks
    KJ2886
    Ill ring them on monday and ask for some advice! It just seems so much based on my income with benefits

    Also Im not sure what happens with council tax with bankruptcy, I wasn't in arrears but read different things online saying that even if not in arrears the current tax year is automaticcally included?

    My bank accounts frozen now too and even having trouble getting a basic one opened in time. suprised how quick its all happening!
    • fatbelly
    • By fatbelly 15th Jul 17, 5:52 PM
    • 11,057 Posts
    • 8,248 Thanks
    fatbelly
    Also Im not sure what happens with council tax with bankruptcy, I wasn't in arrears but read different things online saying that even if not in arrears the current tax year is automaticcally included?
    Originally posted by KJ2886
    This is true, now - Kaye v South Oxfordshire

    https://debtcamel.co.uk/council-tax-insolvency/
    • KJ2886
    • By KJ2886 15th Jul 17, 6:03 PM
    • 32 Posts
    • 6 Thanks
    KJ2886
    I thought that might be the reason for the £180 IPA rather than £80 mentioned from the OR as I pay £90ish for Council Tax but none of this had been mentioned and the IPA is for 3 years and obv this years Council Tax is only to April!
    Looks like I have a few more bits to sort out!
    Thank you again for all your help!
    • luvchocolate
    • By luvchocolate 16th Jul 17, 8:01 AM
    • 1,403 Posts
    • 1,240 Thanks
    luvchocolate
    Hi yes I think you are right that what you would have paid in council tax is included in your I.P.A.
    When you get your bill for next year you would contact your your O.R and a new S.O.A will be completed, if everything else is still the same your I.P,A will be minus your council tax bill.
    • KJ2886
    • By KJ2886 16th Jul 17, 11:49 AM
    • 32 Posts
    • 6 Thanks
    KJ2886
    Ill ring them up in the morning to make sure but sounds right! I was expecting an IPA just I was just so shocked by the £180 if i was to pay that on top of my Council Tax.

    Got an appointment with the bank on tuesday to open a new basic account (20 miles away! no nearer appointment till the 25th in my town!) - I was hoping they could just unfreeze mine but doesnt look likely with halifax! Annoying that my benefits are due to be paid in Tuesday, Wednesday and payday Friday too with no bank to get them paid in to!
    • fatbelly
    • By fatbelly 16th Jul 17, 1:30 PM
    • 11,057 Posts
    • 8,248 Thanks
    fatbelly
    I don't know if you have any debts with Santander.

    I was able to open a basic account from scratch and within 30 minutes we had his new sort code and account number.

    He still had to visit a branch to prove ID but we had the details to give the DWP.
    • KJ2886
    • By KJ2886 16th Jul 17, 3:41 PM
    • 32 Posts
    • 6 Thanks
    KJ2886
    No I dont have any debts with Santander, I did look at them but their card was strange, get all your money paid into one and a top up card to transfer money to to spend with
    I did pop into natwest saturday to get an appointment and they rang me back but didnt have time to get to them before they shut on Saturday so could try them again tomorrow for an appointment or wait till tuesday for Halifax
    • luvchocolate
    • By luvchocolate 16th Jul 17, 4:45 PM
    • 1,403 Posts
    • 1,240 Thanks
    luvchocolate
    Halifax are very unfriendly towards B.R, get well away from them.
    • stephen1988
    • By stephen1988 17th Jul 17, 12:03 PM
    • 2 Posts
    • 0 Thanks
    stephen1988
    Wow... I thought I was in bad debt, came here looking for advice but I think I'll just keep saving money and wipe the debt.
    I can't imagine being in your position KJ, kudos to you for not getting the next flight to Mexico, I think I would have.
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