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Joint accounts, new debts etc

Hi,

The credit has run dry and bills remain unpaid so bankruptcy is my next step (once I have the fees!).

Problem No1: I have a joint account with my partner (Co-Op cashminder with Electron) that my wages are paid into. Should I take myself off this account and have my wages paid into my bog standard Nationwide cash card account or will they not bother to freeze it?

Problem No2: Around 50% of my debt is to Beneficial Finance who loaned me £5,000 five months ago and have received just one repayment. In their threatening phone calls they keep talking about an attachment of earnings. If I am bankrupt can they still apply for this? (I realise the OR can make an order, but i am confident once he sees my income/expenditure he won't).

Problem No3: I have a car. It is essential for work. Do I keep it?

Problem No4: Must I list all debts? I have a Provi loan and not sure I can face the doorstep collector every week.

Problem No5: I currently rent. I am not in arreas. Will there be any affect on my home?

Thanks in anticipation.

Comments

  • mazzatee
    mazzatee Posts: 130 Forumite
    Hi Jasper

    1 You can remove your name from the a/c, still use it to have your wages
    paid into and this will help disassociate your partner from you financially
    and the a/c will not be frozen.

    2 Once the bankruptcy order has been issued they cannot take any action
    against you and will only receive money if you have a surplus of £100 per
    month or more.

    3 If you can prove car essential for work and it is valued less than £2000
    then should be able to keep it but at discretion of the Official Receiver. If
    worth more than this then may have to sell and get cheaper alternative.

    4 Yes you must. You swear an oath that everything is truthful and are in
    contempt of court if you don't declare everything. Don't worry about
    Provy as they will be notified about your bankruptcy and won't call again.
    You might want to give them a copy of your bankruptcy order when they
    call and that should stop any more contact with your creditors as I would
    send them all a copy.

    5 Check your tenancy agreement to see if there is a bankruptcy clause. If
    local authority or housing association then usually not affected unless in
    rent arrears. If private rented then up to landlord, but usually will not be
    bothered so long as you have always paid rent on time & not a
    troublesome tenant.

    Why dont you contact one of the free debt advice charities such as Citizens Advice, CCCS or National Debtline? Their contact details can be found on the forum and they will give you good impartial advice to help you through your situation.

    Good luck!
  • startagain_2
    startagain_2 Posts: 2,135 Forumite
    Ho jasper00 and welcome to the board.


    I had exactly the same worries about the Provi lady that collects my repayments. She terrifies me! I asked for advice on here and did exactly as I was advised - told her that I was in talks with the CCCS and they would be in touch with her Head Office regarding repayments.
    I sent this by text and haven't heard a thing since - 2 weeks have gone by and BR day is on Monday!
    Relief!
    SA
    2011 - New year, New start, New me
    [STRIKE]Planning on [/STRIKE] making my dreams a reality
  • Thanks a lot for your help mazz.

    The only issue is that both me and my partner have a Provy. They are collected together, but I guess I will just tell her what the score is and only give the cash for my partner's loan. Do they get heavy or are they usually OK?

    I wish the car was worth £2,000!

    The housing situation is a worry. I will check the agreement tonight, but can a landlord really kick us out because I have gone bankrupt? I have never made a late payment (to him - plenty to others) in the six months I have been there.

    Finally, how did everyone else get the fees for this? I can't turn to family and can't afford it on my own.

    Cheers.
  • Waspeze
    Waspeze Posts: 2,479 Forumite
    Part of the Furniture Combo Breaker
    jasper00 wrote: »
    Thanks a lot for your help mazz.

    The only issue is that both me and my partner have a Provy. They are collected together, but I guess I will just tell her what the score is and only give the cash for my partner's loan. Do they get heavy or are they usually OK?

    I wish the car was worth £2,000!

    The housing situation is a worry. I will check the agreement tonight, but can a landlord really kick us out because I have gone bankrupt? I have never made a late payment (to him - plenty to others) in the six months I have been there. I had a BR clause and have been ok, though I did have a guarantor.. in the present climate i'd hope LA's would be more ameniable but not something I have any knowledge of. I never told my LA about my BR but some on here did and apparently the LA's have appreciated the honesty.

    Finally, how did everyone else get the fees for this? I can't turn to family and can't afford it on my own. If you are going bankrupt then you'll stop paying any money to your creditors, hopefully this money can be used to pay your fees? even if it takes a month or two.

    Cheers.

    HTH's a bit :)
    :hello:
    Save a little money each month and at the end of the year you’ll be surprised at how little you have.
    An eye for an eye only ends up making the whole world blind
  • Thanks again.

    Looks like gradual saving is going to be the only way. But Beneficial are threatening court action. In reality, will i beat them to it so to speak?
  • Waspeze
    Waspeze Posts: 2,479 Forumite
    Part of the Furniture Combo Breaker
    It takes time for court action to go through and be completed so you should still have time...

    I got issued with a CCJ in january for payment end of feb which I failed to pay and heard nothing as I went BR on 17th March... even then I could have appealed it at the time but didn't bother.

    If you actually get court letters then post back here and someone will help out with what you need to do :)
    :hello:
    Save a little money each month and at the end of the year you’ll be surprised at how little you have.
    An eye for an eye only ends up making the whole world blind
  • startagain_2
    startagain_2 Posts: 2,135 Forumite
    jasper00 wrote: »
    ....... The only issue is that both me and my partner have a Provy. They are collected together, but I guess I will just tell her what the score is and only give the cash for my partner's loan. Do they get heavy or are they usually OK? .........


    They have to be OK - in other words if not, they are harrassing you and you can do something about that.
    The issue with the Provi collectors is that they are self employed and on commission - no collect - no wages for them..... that is why they can be so fierce.
    Stick to your guns - easy to say, I know but you can't favour creditors - so if you aren't paying the others it is the same for the Provident.
    SA
    2011 - New year, New start, New me
    [STRIKE]Planning on [/STRIKE] making my dreams a reality
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