Really need some guidance..

redsetter03

Hello all,
I hope some lovely people can point me in the right direction...
Things have got so bad financially for hubby and me, i feel we have to consider bancruptcy as a way to move forward.

I am now on antidepresents and he has started to have fits in his sleep, because the pressure of the debts has mounted to an unmanagable amount. ( we are seeing a neurologist about this shortly).:eek:

I am going to do an I and E shortly, and then speak to cccs.
In the meantime i have a few questions;



Hubby has a stat demand from Capquest applying to make him bankrupt- should we go with that and let them , as this is what he wants to be anyway, and what implications would this have from a financial point of view (is hubby liable for fees to capquest, and would they be more than personal bankruptcy fees?) He has no spare money, and is on benefits.

One of my crediters is ltsb, and i am just keeping the bailiffs off my back at the moment, by paying a court fee to Sechairi clark and Mitchell- if i am able to go bankrupt, because they are court bailiffs, will they still come and take stuff because i haven't complied with a court order to pay them money?
I understand you stop paying everyone when you do decide to go B, so that you can save for thefees and so one creditor is not seen to be favoured.
But if i stop paying them , they will turn up with a van!


I have loads of other questions and want to start a diary ( The diaries on here are the only things that have stopped me curling up in a corner and turning incontinent....they are the most inspiring things i have read in a long time.)

Can anyone help? massively appreciated

Redsetter.

blind-as-a-bat_2

If you are definatly filing for BR then yes its normaly best to stop paying everyone debt wise, but if they have actually been to court and the outcome was you where ordered to pay x amount you must continue to pay that or go back to the court and get the matter or should i say amount re-asessed if your cercumstances now mean you cant pay it

If you do just stop paying then yes the bailiff may be allowed to move in if that is what was stated in the judgement, sometimes they have to go back to court first though, it would depend on the exact stuation

As for your OH, SD are not followed up that often with a BR petition, it is usually just a scare tactic, but how you deal with that would depend on whether your sure BR is the right solution, if you rent and have no assets of value then it possibly will be.

debt_doctor

Hi Red,

First thing is to take some advice whether BR is right for you fro ma debt charity, as it appears you are going to.

To answer the questions, If Crapquest petiion for his BR he will not be responsible for any of their costs, they would go in to his BR. It is unlikely for them to do this unless he has significant asetts.

With the bailiff question, I am assuming that you have been taken to the county court, defaulted, and so have had bailiffs in contact with you. If you have not been through the court process then there are NO bailiffs, also if they have not yet been in your property then they cannot take your goods. Keep your doors and windows locked.

Paying a bailiff wil not be seenas ' preferential crediting' as it is sanctioned by a court order, so you do not have to worry about paying them in prefference to others.

Best,

DD

redsetter03

Thank you, both.
This is a step forward!

Gearing up for a phone call to cccs now- what questions are they likely to ask?
I can't find half of the paperwork pertaining (word of the day) to the amounts owed. I do know for sure that income is waaaay less than exp.
Kitchen table is covered in allsorts of demands fromall sorts of people. I'm trying to find anything that's relevant, but i think it's going to take forever...oh, and there's a cat miaowing somewhere under it all...

x

debt_doctor

Dont woory about what CCCS or any other debt charity will ask, they are on your side. As for a table full of demands, just look on today as you starting to control your debts instead of them controlling you.

You will soon be in a better position.

DD