Your thoughts needed...

coolcait

shirleymarye wrote: »

I haven't had a Charge for Payment as have only just stopped making payments in December.
I suspect that my car is probably worth about £2500 now.
It needs the brakes relining.
I hope I am able to keep the car as I have difficulty walking now because I have osteo arthritis. If I have to sell it then I would still have to get another one even a "cheapie" to get me into town and back for shopping.
Of course the phone has not stopped ringing the last 2 weeks because of non payments but I can just ignore it or unplug it !
Don't know if I should write to them or not ?
More importantly what to say to them really ?
I think it was my phone bill and gas and electricity plus Xmas tipped me over the edge with everything but now can't see a way out really.

Maybe I should get the car sorted first and send letters, does that sound reasonable ?

Hiya again Shirley

I know it might sound like a cop-out, but I think your best first move would be to have a chat with CAB.

If you want to write to your creditors, at this stage I would simply write to ask them to only communicate with you in writing. You have every right to do that. You can also refuse to answer their 'security questions' when they call - which means that they can't discuss your debts with you. If they do, you can report them for breaching the Data Protection Act

I know it's still a hassle for you when they call. But, once you write your letter, you can tell them firmly "I have asked you to only contact me in writing, please respect that" and hang up.

The car is the big problem. You can't apply for bankruptcy under LILA if you have an asset over £1000. Can I ask where you're getting your valuation from? Have you tried the online valuation sites? Maybe someone can help you with suggestions -I'm having a mental block right now! Parkers might be one.

Getting rid of assets just before you go bankrupt can cause you far bigger problems in the long run. I'd run all of the next part past CAB before you do anything, but all of the following occurs to me:

- you have a car which needs repairs (which you can't afford right now), and which needs to be insured (which you can't afford right now);

- you need a car to get around, due to health reasons;

- if you trade in your car for a cheaper model, you will still be able to get around; you won't have to worry about the cost of repairs; your insurance costs might be cheaper and therefore manageable;

- if you then have to go bankrupt, and you are challenged about changing your car, you can point out all of the above;

It strikes me (but see what CAB and others say) that you are actually in a position where you could make a very good economic case for changing your car at a time when you are having financial difficulties. And you wouldn't be the first person who made economies, but still ended up having to go bankrupt.

It's just an idea, and it's just occurred to me. So please get second opinions.

Good luck!!

coolcait

shirleymarye wrote: »

After reading up on Lila I am wondering if I should try the debt payment one first, I still have the Abbey account to get settled which means I can write to them regarding same which may cause one of them to do a Payment Charge. I agree I need to speak to someone about this as it's driving me nuts ! I would have done so before now but Xmas and New Year got in the way !

I know! It's the downside of Christmas and New Year - if you really need to speak to somebody, it's so hard to get hold of them.

The Debt Arrangement Scheme might be a possibility for you - I don't know enough about your ingoing and outgoings to say for sure. It might be a bit of stretch to make the payments though if you've only got your pension.

Your local CAB - or local authority money advice office (I forgot to mention them!) - should know about DAS too. But if you want to speak to a specialist DAS adviser, you can look up your local office here http://www.moneyscotland.gov.uk/das/das_display.jsp?pContentID=247&p_applic=CCC&p_service=Content.show&

Evn though they're DAS specialist, they can still cover all of your options, and help you bankruptcy if that turns out to be the right thing for you.

Take care.

shirleymarye

It was Parkers I checked the price up, I bought it 2 years ago for £4000 and now it's worth about £2000 in poor condition, I am saying in poor condition for mine because it needs some repairs. I don't know what they do about selling the car,I don't mind them selling it for me if it has to go.
The thing is it would have to be repaired to sell it !
Just thought I could play for time by writing letters and hoping I can get the £7000 first before I do anything even if I only get the car repaired out of it and leave the rest of the money in the bank. Trouble with that is the bank and credit card people would grab it first !
I have a solicitor that is helping me to try and get the £7000, I can speak to her about everything and see what she says this week.
I wish it was just straight forward but it isn't !

coolcait

shirleymarye wrote: »

It was Parkers I checked the price up, I bought it 2 years ago for £4000 and now it's worth about £2000 in poor condition, I am saying in poor condition for mine because it needs some repairs. I don't know what they do about selling the car,I don't mind them selling it for me if it has to go.
The thing is it would have to be repaired to sell it !
Just thought I could play for time by writing letters and hoping I can get the £7000 first before I do anything even if I only get the car repaired out of it and leave the rest of the money in the bank. Trouble with that is the bank and credit card people would grab it first !
I have a solicitor that is helping me to try and get the £7000, I can speak to her about everything and see what she says this week.
I wish it was just straight forward but it isn't !

Hiya again

The trouble with the car is that - under the Scottish system - it will stop you going bankrupt under the LILA conditions. Because you'll be seen as having an asset worth over £1000.

Under the English system (as I understand it) you'd probably be able to go bankrupt, but they might take your car.

I'd really like you to get some second opinions on the thoughts I put forward earlier - either from other posters on here, or from CAB/local authority money advice - because I'm not entirely sure about them . However, I'll add another thought. If you traded your car in, without having the repairs done, and managed to get a car worth less than £1000, but which still got you from A to B, you might still be able to defend that as 'economising'. But, let's see what others think, as I'm aware that I'm probably pushing some boundaries on that front!

shirleymarye

Thoughts I had this morning on reviewing all the answers you have given me :

I think you lot are brilliant !

I had spoken to CCCS and Payplan before I came on here and neither of them picked up on the fact that I lived in Scotland - they did have my address and both of them suggested going BR in the same way as in England.

The other thought I had was that maybe there should be a different forum for people going BR in Scotland ? to avoid confusion ?

If I hadn't come on to this forum I would not have been aware of the law being different- I suppose because I am English I didn't pick up on it.

I now feel more confident in myself now I understand a little better, I intend to call back CCCS and Payplan and point the error out about Scottish rules being different.

Maybe now I can get my head round it a little better !

I will let you know how I get on this week now the world has resumed normality

tigerfeet2006

Shirley these are some links for you from the Bankruptcy Help sticky at the top of the board.


Bankruptcy Help: Important topics, factsheets and links
Bankruptcy Help: Important topics, factsheets and links

Note: This is a work in progress, so it is gradually being added to. Any suggestions are welcome, but I am trying to keep this as a useful links "database" rather than any type of "guide".

Advice on bankruptcy.

The court/judge will normally ask whether you have taken professional advice that bankruptcy is in your best interest. If they believe you have not taken proper or sufficient advice then your bankruptcy may be refused. There are many places and organisations that you can get advice from, but the ones that people on this board have found most useful are listed below:

Main recommended sources of help:

• Consumer Credit Counselling Service - Website: CCCS Telephone: [IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_l.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/famfamfam/gb.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/arrow.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG]0800 1...[IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_r.gif[/IMG]
• National Debtline - Website: National Debtline Telephone: [IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_l.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/famfamfam/gb.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/arrow.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG]0808 808 4000[IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_r.gif[/IMG]
• Citizens Advice Bureau - Website: Citizens Advice or visit your local CAB centre (find nearest)

Others:

• Business Debtline - Website: Business Debtline Telephone: [IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_l.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/famfamfam/gb.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/arrow.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG]0800 197 6026[IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_r.gif[/IMG]
• Christians Against Poverty
• PayPlan
• TaxAid - Help with tax debts.

For general queries about bankruptcy you can contact:

The Insolvency Service Enquiry Line - Tel: [IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_l.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/famfamfam/gb.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/arrow.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG]0845 6...[IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_r.gif[/IMG] - Email: [EMAIL="insolvency.enquiryline@insolvency.gsi.gov.uk"]insolvency.enquiryline@insolvency.gsi.gov.uk[/EMAIL]

(Please be aware that the enquiry line cannot give debt advice or counselling or advise you whether you should go bankrupt. They can only answer general/technical questions on bankruptcy)

Many people find that debt and bankruptcy is the cause or result of a period of great distress and anxiety in their lives. For some this can reach a stage where it is difficult to cope. So I would remind you that The Samaritans are available to help you through your troubles if the emotional side threatens to become overwhelming.


General information on bankruptcy.

• Official Insolvency Service publications and factsheets - Main index
• Guide to Bankruptcy (IS) (pdf)
• FAQ - General Bankruptcy Queries (IS)
• How to petition for your own bankruptcy (IS) (pdf)
• What happens when you are interviewed by the OR (IS) (pdf)
• Petitioning at the high court? - Help on the day (MSE)

Court fee remission and forms.

• HMCS - Court fees do you have to pay them? (And guidance on completing the fee remission form). (pdf)
• HMCS - Form EX160 - Application for a fee remission (pdf)
• Example application for a fee remission based on gross annual income - EX160 (Thanks to NE Derbyshire CAB)
• Example application for a fee remission based on permitted benefits - EX160 (Thanks to NE Derbyshire CAB)
• Possible assistance with Bankruptcy costs / fees (Thanks to NE Derbyshire CAB)

Completing the bankruptcy petition and Statement of Affairs.

Online forms:-

• Complete the forms online (registration required)
• Online Forms Service - Frequently asked questions

Forms to print and fill in:-

• Debtors Bankruptcy Petition (form 6.27) - pdf version / MS Word version
• Statement of Affairs (Debtor's Petition) (form 6.28): pdf version / MS Word version

Example completed forms and guidance notes:-

• Debtor's Bankruptcy Petition 6.27 Example (Thanks to NE Derbyshire CAB)
• Statement of Affairs (Debtor’s Petition) 6.28 Example (Thanks to NE Derbyshire CAB)
• Statement of Affairs (Debtors Petition) Guidance Notes: pdf version / MS Word version

Insolvency Records Online.

• Individual Insolvency Register - Main page.
• Individual Insolvency Register - Search form.
• The London Gazette - Main Page
• The London Gazette - Advanced Search.
• Bankruptcy Restrictions Search

Income Payment Agreements/Orders.

• IPO / IPA (Income Payment Orders and Income Payment Agreements) (IS)
• FAQ - Income Payment Orders / Agreements ( IPO / IPA ) (IS)
• OR's Case Help Manual - Income Payments Agreements (IS)
• OR's Case Help Manual - Income Payments Orders (IS)
• OR's Technical Manual - IPAs Assessment of real disposable income (IS)
• Nil tax (NT) coding/IPAs (MSE)
• Income Payments Calculator (Excel spreadsheet) (IS)

Bankruptcy Restriction Undertakings / Orders.

• Bankruptcy Restrictions Orders (IS)
• FAQ - Bankruptcy Restriction Orders / Undertaking ( BRO/BRU ) (IS)

Bank Accounts.

• What will happen to my bank account? (IS) (pdf)
• Bank accounts for Bankrupts (MSE)
• Basic bank account booklet (FSA/moneymadeclear) (pdf)
• Table of available basic accounts (FSA/moneymadeclear) in HTML / or in pdf/Adobe Reader format.

Your home/property.

• What will happen to my home? (IS) (pdf)
• FAQ - Bankrupt's Home under the Enterprise Act (IS)
• OR's Case Help Manual - Family Home
• If my house is sold sometime after the bankruptcy order is any shortfall on the mortgage still a debt in my bankruptcy?
• Charging orders in the county court - National Debtline factsheet (useful if a creditor is trying for a CO before your bankruptcy)

Cars and bankruptcy.

• What will happen to my car? (MSE)
• OR's Case Help manual - Motor Vehicles (March 2007)

Pensions and bankruptcy.

• What will happen to my pension? (IS)
• FAQ - Pensions (IS)

After acquired property.

After Acquired Property (July 2007) (Includes "Can the trustee claim property due under a will?")


Bankruptcy and the overpayment of state benefits.

• OR's Technical Manual - Recovery of overpayments of state benefits (Read from paragraph 40.102)
• Housing Benefit and Council Tax Benefit Circular: Recovery of overpayments after discharge from bankruptcy – following the ‘Balding’ judgement (pdf).
• Court of Appeal Judgement - Secretary of State for Work & Pensions v Balding [2007] EWCA Civ 1327 (13 December 2007)

Discharge from bankruptcy.

• FAQ - The Discharge Process (IS)
• OR's Case Help Manual - Discharge From Bankruptcy (January 2008)

Foreign Issues.

FAQ - Foreign Issues (IS) - Includes:

How can I make myself bankrupt if I live abroad?
Do the bankruptcy restrictions apply when I go abroad?
Does a bankruptcy order affect my assets abroad?


Credit Reference Files.

• Credit Reference File Clean Up Post Bankruptcy (MSE)
• Credit Reference Agencies: Experian, Equifax and Callcredit
• Information Commissioner's Office - Credit Reference Files
• Information Commissioner's Office - Bankruptcy - frequently asked questions (pdf)
• Information Commissioner's Office - Data Protection Public Register (search)

Miscellaneous.

• Bankruptcy Income Payment Order and loss of Housing Benefit - OP in this topic lost housing benefit due to increase in income from the NT tax code, despite that extra income having to be paid to the OR. This thread follows their (apparently successful) fight to get this ludicrous situation put right.
• Insolvency Service complaints Procedure
• How to make a complaint against an insolvency practitioner

.
.
Information for those in Scotland.


Advice on bankruptcy.

• Consumer Credit Counselling Service (Scotland) - Website: CCCS Telephone: [IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_l.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/famfamfam/gb.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/arrow.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG]080...[IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_r.gif[/IMG]
• National Debtline (Scotland) - Website: National Debtline Telephone: [IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_l.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/famfamfam/gb.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/arrow.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG]0808 8...[IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_r.gif[/IMG]
• Citizens Advice Bureau - Website: Citizens Advice or visit your local CAB centre (find nearest)

Others:

• Business Debtline Scotland - Website: Business Debtline Telephone: [IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_l.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/famfamfam/gb.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/arrow.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG]0800 1...[IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_r.gif[/IMG]
• Christians Against Poverty
• PayPlan
• TaxAid - Help with tax debts.

.
.
Accountant in Bankruptcy (equivalent of the English Insolvency Service).

Main website: www.aib.gov.uk

For general queries about insolvency (but not debt advice) you can contact: General helpline - Tel: [IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_l.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/famfamfam/gb.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/arrow.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG][IMG]chrome://skype_ff_toolbar_win/content/space.gif[/IMG]0845 762 6171[IMG]chrome://skype_ff_toolbar_win/content/cb_transparent_r.gif[/IMG] - Email: [EMAIL="Helpline@aib.gsi.gov.uk"]Helpline@aib.gsi.gov.uk[/EMAIL]

Bankruptcy

Low Income Low Assets.

Debt Arrangement Scheme

Trust Deeds

Bankruptcy after 1 April 2008

• DAIP - Debt Advice and Information Pack
• Debtor's Guide
• Creditor's Guide
• Bankruptcy Restriction Guide
• Trust Deeds Guide

shirleymarye

It appears to me that I can't just go BR on my own as I live in Scotland and I own a car which I would like to keep if I possibly can so can't go for LILA.
I have prepared a budget sheet and downloaded a debt letter asking if they would be prepared to write my debts off in light of my age ( 70 this month) and low income ( don't laugh ) It will be interesting to see what response I get from this,if one of them proposes BR then so be it as I just don't know what else I can do really.
My phone still rings all times of the day and night but I am just ignoring it,maybe (hopefully) it will stop after the letters !

I got a call from someone, debt plan people I contacted earlier on in December, this girl was telling me how I will have bailiffs calling and how I wont be able to get credit if I go BR and I should get a payment scheme going,so I told her I didn't fancy spending the last possible 15 years of my life paying my debts off ! If I could work I would quite happily pay them off as I hate the thought of the BR but can't see any other way out of this really.
Will post my letters tomorrow, My new bank account is set up now so hopefully a new start to the new year.
By the way,given up on the £7000 from the Abbey,mentioned it in my letters as I owe money to Abbey,they will have to get the money out of my frozen account to pay for it, they owe me more than I owe them !

tigerfeet2006

Hope you get things sorted Shirley, please keep us up dated on your progress.

Have a chat with National Debtline Scotland, they may be able to help you with the wording of the letters to get maximum impact.

http://www.nationaldebtline.co.uk/scotland/

shirleymarye

It was Nat Debt Line where I found the Budget sheet and debt letters !
Hoping to get my car fixed in a couple of weeks,if I have to sell it then I will have to get something cheap to run around in. My car is worth about £2000 so it's possible I could lose it I suppose,have to cross that bridge when I come to it !
I have been lurking on here every day while waiting for things to get back to normal.
Must say I have learned a lot on here !
Will let you know what happens next

coolcait

Hiya Shirley

Good to see you again! (Actually that sounds a bit wrong, under the circumstances, but I hope you know what I mean ).

I really hope that you get some success from the letters you've written - though you might have to send them a couple of times.

As for the girl from the debt plan people - grrr! She is- quite frankly - talking bullocks (give or take a vowel ). As soon as any debt collection or 'debt management' agency mentions 'sending in the bailiffs' to a person in Scotland, you have caught them out in a big fat lie (or - if I'm being generous - you have caught them out in their ignorance)! So you can casually mention how they are breaching the Office of Fair Trading's guidance on debt collection by making such a claim.

You can also - if you're feeling wicked - point out airily that:

"Since the abolition of 'poinding' (pronounced 'pinding') the phrase 'send in the bailiffs' has ceased to have any real meaning in the context of Scots Law, except under very specific circumstances, which would come at the end of a long legal process. Can you detail those circumstances, and that process for me? I'm afraid that - at the moment - I am not confident that you are actually aware of the difference between English and Scots Law" (bat eyelids, and look innocently at the telephone receiver while you await a reply . Oh, and breeaathe after all that ).

More seriously, if you were ever considering a payment plan (though I completely take your point about the length of time it would take) you might want to look into the Debt Arrangement Scheme (DAS). If you were accepted onto DAS you could keep your car; creditors would have to freeze interest, fees and charges; and they are not allowed to harass you to make extra payments - so if they did call you, you could point out that they're technically breaking the law, and tell them to deal only with your DAS money adviser.

DAS does give the option to negotiate paying back less than the total debt ('composition') - even after the programme has been running for a couple of years. In fact, creditors are more likely to accept composition then than at the beginning.

There's more on DAS here: www.moneyscotland.gov.uk. And if you do go to see a DAS adviser, he or she can also cover general money advice, including bankruptcy.

That's a lot to read this late at night . I hope it hasn't sent you to sleep, and that some of it at least is helpful.

Take care!