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Confusion re BR & Court Fees

Hi,

OH and I have debt of about £26k. Apart from £3k OD, rest is mine apart from £5K which is OH's c.cards. Does this mean we have to go BR separately? I didnt even consider this until told by financial advisor yesterday that only I would be able to apply for IVA as OH doesnt have enough debt...

And Im on Incapacity Benefit so it will be extremely hard for me to find court fees (as know OH and I have to pay separately - wait a minute, have I just had light bulb moment and answered my own first question???). Im sure Incapacity Benefit does not exclude you from the fees as it is not a means-tested benefit. Is there anywhere I can find out for sure or are there any charities out there that help people in similar circumstances?

Thanks Lisa
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Comments

  • dalip
    dalip Posts: 7,045 Forumite
    Yes you both have to file and pay seperately. There are some utility companies(water) which help with fees,as do the MS society. Don't have any links to help out but maybe someone else does.Dx
    Free impartial debt advice available from: National Debtline - Tel: 0808 808 4000 | The Consumer Credit Counselling Service (CCCS) - Tel: 0800 138 1111 | Find your local Citizens Advice Bureau
    Laugh at yourself and others laugh with you.Laugh at others and you laugh alone. BSC No 107:D
  • Jubbly1868
    Jubbly1868 Posts: 130 Forumite
    Thanks for trying. I have a link from one of the other threads - found it when i actually looked.
    CAB are being extremely helpful though. Dont know if this is normal but one minute I feel okay with idea of giving up house and going into rented and BR and now this evening Im petrified!!!
  • I too, am okay one minute and petrified and heart broken the next. Think of it like this, 10 years ago I had nothing, 3 years ago I had 50k, I did it once I can do it again, this time I am much wiser and have certainly learned from my mistakes.
  • Thanks for that. We have consolidated so many times, you'd think we would have learnt from our mistakes. Gosh wouldn't hindsight be a wonderful thing - thanks for the positivity though - Im lacking at the moment...Lisa
  • fatou256
    fatou256 Posts: 1,289 Forumite
    hi ubbly i sympatyhise with you the day befoe my BR day in court i was an emotional wreck ! i felt such a failure for allowing myself to get to that stage.

    however i feel a lot more better and less stressed as i don't owe any money to anyone .. it is such a relief u wont believe it .
    i founbd the whole process stress free, even at the court they were nice and sympathetic even the judge was very friendly.

    don't despair there is light at the other end and you are taking a really brave and courageous step .
    BSC number 183
  • Jubbly1868
    Jubbly1868 Posts: 130 Forumite
    fatou256,

    Thanks for the message. Great to hear people do feel better after 'doing the deed'. Its awful living with the guilt and feeling of being a failure so hopeful it wil ease once 'go unto the breach'!!!!

    Lisa
  • OhDear
    OhDear Posts: 138 Forumite
    Are you sure that it is essential / wise for you to both go BR?

    I'm a little uncertain from your OP what debt is yours, your OHs, or joint. It looks like your saying nearly all the debt is yours. In which case your OH my not need to go BR. Less fees / more options!

    OD
    Debt free by 2025?
  • Jubbly1868
    Jubbly1868 Posts: 130 Forumite
    OD,

    We have consulted CAB, CCCS & IP and they have all said BR our only option.

    IP said there is a way they could set up a LT IVA just for me but I would need to find £200 a mth, which we dont have. OH would also have to restart paying his creditors, albeit a token gesture for a few months. And we would have to find mgage payments each mth.
    We just cannot do it nor can we 'wait around for a few mths' as suggested by the IP in case our financial situation improves by some miracle. Debt is only in my name on paper because I was the highest earner and so got the higher limit on the credit cards but the debt is both of ours.
    thanks for sugg though... we've tried them all Lisa
  • OhDear
    OhDear Posts: 138 Forumite
    Although the debt is both of yours, it only actually matters whoose name it's in. But if the advise is still BR - then fine.

    I went BR and OH didn't, and it took us a while to realise that this was possible.
    Debt free by 2025?
  • mazzatee
    mazzatee Posts: 130 Forumite
    Hi Jubbly

    If your main income for both of you is incapacity benefit then you will be able to apply for fee remission based on low income. Go online to hmcourts-service.gov.uk/forms/ex160 which explains how the fee remission works.

    Re help with getting fees together there are charities available to help but with a much greater demand now it is very difficult to get help nowadays. Is there anyone from family or friends that can help?
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