Panicking that we might be turned down for BR

MrsST

We had our telephone interview with CCCS last week. As I'm sure you will all understand, it was quite a harrowing call and I probably missed a lot of detail.

I'm panicking now though that they might turn us down for BR

When they did our figures, the woman I spoke to said that we could pay our debts off in X number of years. There were two numbers mentioned, either 8 years or 16 years. She said that if the judge thought we could pay our debts off in less than 10 years, that we could be turned down.

The issue is that DH is self employed. Over the last 2 years, he has worked every hour he could just to try and keep us afloat (waste of effort that has turned out to be!). He simply cannot manage to keep working that way so his last 24 months accounts are unrealistic for future earnings, therefore, our ability to pay these debts off is not as easy as the woman at CCCS suggested.

I'm getting myself into such a state over this. Do judges often refuse BR's on the basis that we *might* be able to pay these debts off in less than 10 years? The only possible way this would happen is if DH continues to work 6/7 days a week, which is doing nothing for his health.

What on earth are we going to do if we get turned down? We haven't been managing for the last year so I don't see how anything would change.

Would DH be expected to continue working unrealistic hours?

Thanks,
Mrs ST

Dez-Titute

Mrs ST.

Far from it for me to go against the advice given by CCCS I would get at leastget a second opinion,I would contact CAB and at least one other of the debt charities to clarify the situation although the above is based solely on my own experiences, I will be honest I would tend to take CABs response as being the correct way forward.

But the more advice you get the better as long as its free

Cheers DEz

LilyBart

Mrs ST,
Like Dez says, get some more advice and try to put together an I+E based on your OH working 5 days a week just so you can compare it. That's bound to make a huge difference to the figures.
best
Lily

fatou256

hi MRs T i do;t receommand CCCS they told me that BR will not be good for me as iam on low income ?! then they tried to set me up for a DMP !!!!!! ?!?!?!?! my answer was on earth i can't go BR due to low income but i can afford a DMP by thei standard ?

i went to national debtline which were a lot more impartial and CAB they are far more better than CCCS

mumoftwins

I went to CAP who were brilliant. Within 6 months I was BR and had managed to save the money up for it too which was amazing!

dalip

Hi mrst

It is not often the judge refuses bc and usually because the petitioner has not taken legal advice. I would suggest you ring CCCS back and explain that they are basing you abilty to pay back your debts on your OH working 7 days a wk . Dont panic you will be fine.D

Jaks

I can understand how you are feeling MrsST, I am having the same thoughts - what if the judge turns down our bankruptcy petitions?

At my CAB appointment the money advisor was starting to look at a DMP as a way to go. With their version of our SOA it looked like we had around £550 - £600 a month left to pay our creditors. The SOA I posted on here shows only around £250 a month left to pay our creditors. The CAB allowed us less on certain things like house keeping and clothes . I told them that our income (Benefits only) will be changing next year as we will be losing money when our son turns 16. My daughter turns 16 two years later and we will be losing money again. The CAB told us to consider bankruptcy - which is what we are doing, we are now waiting for an appointment to help us fill in the forms.

Jaks

Broken_hearted

We had the opposite CCCS always says go BR and we've tried at least three time to get them to help.Its highly unlikely you will be turned down although if the DMP was only 8 years I'd just pay it, according to them we'd be long dead before the debts were paid off.

MrsST

Thanks everyone.

I'm not sure exactly how they think we could afford to repay 65K in 8 years without DH working himself into an early grave. They stated that we have around 600 p.c.m in disposable income but I don't think that is the case.

We are putting together our SOA at the moment so I'll post it when it's done for some opinions.

They also stated that things will change when I go back to work, but that's at least 2 years away and I'm not exactly sure how they think we are supposed to keep the creditors at bay in the meantime.

dalip

Sounds like they were not aware of the full facts. As you say there may have been bits you never mentioned,easy done i know when bogged down by debt. It's the same when we go to the doctors we forget to mention things until we get home:o D

AnnesWitterings

Hi

Im too was worried that my bankruptcy might be refused, but Im going for it if for nothing else to give myself peace of mind..just post any questions on here and these lovley folk will help you, last week I felt like jumping of a bridge, right this moment Im glad I posted on here..the advice given has been wonderful and clear and no question I asked , even the daft ones have been unanswered and always kindley and imformativley...good luck on whatever decision you make...scuse my spellings my spellcheckers just informed me that its going to demand overtime rates...best wishes Anne