what happens if cccs don't recommend bankruptcy?

DON79

Hi, seen on here that cccs not recommended bankruptcy for a few people. just a quick question in view of this.

Can you still go bankrupt even if it was not recommended by cccs or cab? Or must it be a recommendation from cccs or cab before the judge will allow you to go BR?

Will the judge check with CCCS or CAB to see what they did recommend for you?

Thank you!

Sunk

I have got to say (many of course quite rightly would disagree with this) but I did not seek legal advice.:eek:

I had a 32,000 shortfall plus numerous other debts totally nearly 70,000 & I felt I didn't need to ask someone if BR was an option for me as I knew it was my only option as I was/am not working & if I was, I would probably die of old age before paying off half.

DON79

Thanks sunk, that is the way it is with me. I know that I will be near retirement age if not retired before my debts are finished. I do work but can only work part time hours just now as I have a 2 yr old and 1 yr old to look after and we can't afford nursery. As I am only 29, really not wanting to spend next 40 years paying it off. yes I gotten myself into this situation but had to do it in order just to have food and home and usual expenses associated with children.

blind-as-a-bat_2

You are asked at court if you have taken profesional advice before deciding on BR, not whether they advised it, that discision is up to you, but must always be an informed discision

DON79

i got all the stuff thru from the cccs not gone thru it all completely. and need to save up for fees or wait til march when hopefully my work bonus will cover it. thank you all.

Bnjracing

To be honest we got better advice from the Insolvency Service Helpline. CCCs wanted to discuss payment plans and CAB were only interested in a budget to live on (with £165000 secured on a house worth £100000 and £10000 unsecured debts BR was the only way.) Both were looking at the problem from our creditors perspective and not what was best for us. Don't know if others have had this experience?

skylight

Its only advice. Its not telling you what to do - only you can make that informed decision.

No, the judge does not check - but likewise you cannot lie to him. If he asked you outright if CCCS reccommended BR, you would have to say no. Or you could reply that they offered lots of solutions and BR was a last resort (skirting the issue). Technically you would be in contempt of court if you lie but then again, they are not going to find out - its not like its a criminal case! Women skirt around fibs all the time...... (LOL!)

Or - call the CAB and Payplan etc and see what they say. If one of these suggest BR, then don't even mention the others!!!

mazzatee

Hi Don79

You can go back to CCCS and ask to speak to their bankruptcy team, who will give you impartial advice on bankrutpcy and will help you set a realistic bankruptcy budget. Their number is 0800-975-9557 and they are open from 8.30am till 5pm, Monday to Friday.

They have been useful & a great source of support and advice.

DON79

thanks everyone, just wondered what would happen cos so far they haven't suggested it to me tho they did suggest an iva when I first started on a dmp. my dmp started at £52 per month on over £42,000 debt which obviously doesnt go far and I have only been able to increase it to £64 in six months. With gas and elec monthly payment increase due any time and food and petrol having gone up and down and up like a yo yo, I can't go on like this for the 50 years or more my dmp is expected to last at this rate! I wish I had just gone BR at the very start.

If I do go BR now, are cccs likely to push for me to remain on a dmp? because I can pay the £64 just now and don't know if they will take the view that I should just keep plodding on repaying £64 pm until the 50 years + have passed and i am very old grey and wrinkly??!

DON79

Another question on an old post!

I found the paperwork just now for when I first started with the CCCS and one of the options they recommended was bankruptcy. SO in view of this, would I need to take advice again before going bankrupt or could I just say that the CCCS have recommended it previously?

Thanks.

Waspeze

If not a lot has changed since then then surely the advice still stands?

I would never advise against taking advice though so do what you feel is right .. if you want to get further clarification then give them a call, if not then you have already been advised bankruptcy!