Advice needed RE : Bankruptcy

Cant_go_on_like_this

Hi all,

Please be nice,,,first proper post:o

Ive included my SOA below, im unemployed,,rent privatley and have a lot of unsecured debt.

Id like to go down the BR route as its been hanging over my head for years and mental health issues make working difficult these days.

Outgoings (month)

Rent (Private) £525
Gas/Electric £50
Car Insurance £45
Fuel £20 apx
Phone/Cable/TV £45
Water £14
Food £not much!
Thats it!

Incomings (Month)

JSA (job seekers allowance) £262.16
Housing Benefit £375.01

Assets

Car at 1K, P reg Polo
not much else,,this computer £200 if lucky
Various bits n bobs..even telly cant be worth more than £50

Debt

Egg Loans £8K apx
Barclaycard £575 on Default (real !!!!!! with mercers Debt collection!)
Capital One £3k apx
Halifax Loan £240 with Blair Oliver n Scott
Halifax Current AC £1230 on Default with Blair Oliver n Scott
Halifax Credit card £15500 on Default with Blair Oliver n Scott

They all get a £1 a month,,and have been getting small varying amounts per month for last 2 years, but i dont feel ill ever pay any off.

Im currently appealling for Discretionary Housing benefit,,,so hopefully the Rent shortfall is made up...

Spoke to CCCS this morning,,they tell m a judge would throw out my BR as my expenditure is above my income...?

If this is true,,,apart from selling the car,,,so no insurance,,and cutting off all phone and internet,,,as you can see,,id still not make ends meet..

I suffer from ongoing Depression,,so please..no Holier than thoughs,,

and ignore my call sign,,i cant seem to change it now,,,

Any help very much appreciated.

Marq

skylight

Holier than thou? Us?? Well, not from most of us, I can assure you. The majority of posters here are like you, or we have gone BR and some are even discharged. We can help you through the entire process.

Now. The CCCS was right. The judge cannot make you bankrupt if your outgoings are a lot more than income. You are still not solvent and BR would not fix that problem for you, thus a second bankruptcy in future years is more likely.

So the question is, if you are on JSA why are you not entitled to full housing benefit then? Do you live somewhere larger than your means (ie 2 bed when you are only entitled an allowance of a 1-bed being single etc)?? We need to get to the bottom of this ASAP as this is the biggest problem for you right now. I assume therefore that with those outgoings you are in rent arrears??? Have you got all your paperwork from the council together? Take it to the CAB (citizens advice) as they are quite hot on benefits etc.

Is your council tax covered in full?

Cars and ORs are tough going. Some are jobsworths and others aren't. If you expect that they are going to take it (as you do not work) then anything you get will be a bonus. But that is not an answer you are going to find until you go BR.

And then there are the BR fees. You still need to find the £345 to go BR. But your first priority is to get your rent sorted ASAP.

Cant_go_on_like_this

Hey Skylight

Yeah,,its a 2 bed,,but i getting current legislative max on my HB.

But i advice person kindly pointed out that i may get more through Discretionary awards (council kept quiet about that) so applying for that.

If i cant get it,,then the Hosuing association told me to get back in touch, RE going with them..although the only real difference is that ill definatley not be overstretched for definate on the Rent side.

I already sold my last car and downgraded so i could pay the rent with the difference (council were unhelpfull with back payments) as they stated i didnt show good cause not to claim a months worth when i was made unemployed. (didnt go out of house for a month until it got desperate for benefits) but that is in appeal stage now and my doctor has given me a nice letter to use about my state of mind etc.

Im not in rent arrears yet,,,as sold car...but thats all gone now,,so from this month (just paid rent) its going to be tough unless that tribunal rules my way,,but even then,,as you say!

As for getting BR fees,,,well even when everything else is sorted,,,i guess im gonna have to see if i can raise that via EBAY?? i know i can get the court fees won over,,,but wasnt sure about that £345...was hoping i wouldnt,,sigh..

shadowdragon

They are correct your BR will be thrown out you need to show that without your debts you would be solvent.

The housing costs need to be adressed. Thats where your biggest downfall is as your getting into debt every month because of it, so being bankrupt wont make a difference as you would be insolvent within the month (if that makes sense).

If your under the doctor for depression ect, maybe Incapacity Benefit and Disability Living allowance are the benefits you should be claiming not JSA. I suffer from depression amongst other mental health problems, and althought he forms are a farce ect, I claim IB and DLA.

Hope that helps, just hang in there and you will get sorted in the end.

shadowdragon.

sandywindsor

Cant_go_on_like_this wrote: »

Spoke to CCCS this morning,,they tell m a judge would throw out my BR as my expenditure is above my income...?

If this is true,,,apart from selling the car,,,so no insurance,,and cutting off all phone and internet,,,as you can see,,id still not make ends meet..

I suffer from ongoing Depression,,so please..no Holier than thoughs,,

and ignore my call sign,,i cant seem to change it now,,,

Any help very much appreciated.

Marq

I am also unemployed and my outgoings were more than yours,I showed I was actively seeking work and a lot of increased debt was due to unemployment. I was made BR and no problems with judge

skylight

If there is no award, then you will have to move. Blunt, but if you can't afford it....

Any rent arrears you get into though will be included in bankruptcy, but its not a good idea not to pay the rent until you know whats going on. (Catch 22 and all that). Have you spoken to the HA about what could happen if you were homeless - evicted through to not paying the rent etc As in how quickly they could move you? HA and council rents are far better than private (we pay about half the private rent of an equivilent in my home) - there is no way we could afford a comparable property.

Its just the start of a long process. But you are on the way there!

Cant_go_on_like_this

Shadowdragon:

Thanks for the info,,i have half thought on it before, i guess for some stupid reason,,i feel like ive lost something if i go onto IB & DLA but,,i know a few folk who go onto that and take the proverbial for years (if not life) so i will investigate that more,...thank you.

SandyWindsor:

Thanks for the heads up,,,ill keep it in mind once ive sorted my current woes out:) I am actively looking,,but advice from a lot of personal friends is to get my head sorted first before i get back into work. I guess i fear the longer im out,,the worse my CV will look (very much a professional career and well paid for us Northerners:P)

Skylight:

Yes,,,im now in a holding pattern awaiting the council,,but the HA have told me to get in touch if it all goes bad. And i will have several weeks grace due to legislation etc,,and i have had a n impeccable record with rent etc prior to this (not that i suspect that makes an iota of difference to Landlords agency)