Advice about AIB in Scotland

scarednshakin

Can anyone tell me what happens with regards the AIB process. After you send in the forms what is the process, do you get phone call or meeting? Then what happens about putting in a SOA. I have no idea what to expect and really nervous. Thanks

skylight

Just Bumping it back up for you.

Cannot help - I know nothing about the Scottish rules. Have you tried the National Debtline they have a wonderful Scottish section. And if not, someone will be along shortly who has experience.

scarednshakin

Thanks for that Skylight. Have spoken to CCCS were helpful but did not think to ask these questions at the time. Only know that I am filling forms do I think to ask!!!

addicted_to_plastic

I went br in scotland in june, only had one letter in the post from the AIB with the name of my trustee .The letter confirmed the BR number and date of bankruptcy ( in Scotland you will be declared br then informed by post).
Since then all contact has been via trustee.One meeting to discuss ipa, equity in home,car etc. Everything else has been by phone or post.
I'm not sure how long it is taking at the moment , i waited for about a month for my letter. So the Scottish system takes longer to be processed but by the time you have a meeting or call you are already BR which i feel must be less stressful.Hope this helps. It is based on my experience....not sure if this is how it always works though. i also found it difficult to get any info on the scottish system.

scarednshakin

Many thanks for that addicted to plastic. Did not know what to expect, the scottish forms are so different as they do not ask about SOA, reasons for going br and did not know what happens after the forms go in. The CCCS told me to phone AIB and ask them but when I phoned they told me that they could not advise me and advised me to go back to CCCS.

What did you do about phonecalls, did you just leave them or did you tell them that you were going br? Thanks again for your help, it is so much easier knowing that others have been through this.

addicted_to_plastic

to begin with i said taking advice from cccs and will send out a copy of our budget......we started the paper work at the begining of april, until then we had never missed a single payment. this bought us a couple of weeks. in the end companies were phoning constantly, using all contact numbers they had for us. i asked for contact in writing only and most companies did this but a few were really unhappy in the end i changed phone number....peace no more hassle via the phone. i told friends and family that we had been having funny phone calls....we've only told a few close family.

addicted_to_plastic

when i finally got the letter confirming br i phoned most companies to tell them. I was shocked by how their tone changed........from being agressive when demanding arrears to ooh right ok !!!!!!!!!

scarednshakin

Thats good to know. Phone is constantly going and I am not answering it unless I know the number. I was not behind in payments until Jan, have sent letters out explaining situation with token payments, but phone keeps ringing and have only had one written reply from a catalogue saying that token payment was not acceptable and had to pay 2 months payments. Needless to say as there is no money I can't pay.

Thanks again for your help

coolcait

Hiya scarednshakin

If you're applying for bankruptcy under the LILA (Low Income Low Asset) regulations, your first contact with AiB is likely to be another letter and one page form (Form 17) which you have to fill in and send back within 21 days of them sending it out. It basically asks you to confirm that you have a low income, and low assets. A wee tip - if you haven't heard from the AiB 10-14 days after you post off your bankruptcy application form, give them a ring and ask how your case is going. Make sure that the form 17 has been sent out!

You might get a call or letter if there's something they don't understand on your form - that's why I suggested you note that your OH has signed the tenancy agreement, for example. If you just leave the form blank, there's a good chance they'll call you to ask where you're living, and who owns it!

After bankruptcy is awarded, most people who go bankrupt under LILA don't seem to hear anything until about six months later, when they get sent a(nother!) form to fill in, letting the AiB know what their current circumstances are.

Some people seem to get picked out (apparently at random) for more questions and checks just after the bankruptcy award. Or, if people have property or other assets, and have gone bankrupt because they're 'apparently insolvent', they're more likely to get an interview (often by phone) or have their case transferred over to an agent who acts for the AiB.

As you can see, it's impossible to give a definite answer on what will happen! There are a lot of 'ifs', 'buts', and 'maybes' :rolleyes: .

It's less likely that you will be asked for an SoA if you are going for bankruptcy under LILA, but it can happen (if you are earning a good wage, but get some working tax credit, for example). If you do have to do an SoA however, it would be after being made bankrupt, and after being told that you were going to have an interview - so you don't have to worry about that right now .

The AiB won't give you 'advice'. So don't ever ask them for 'advice'. That might be why they referred you back to CCCS.

However, if you ask them for information on the usual procedures after someone is made bankrupt under LILA, they will probably tell you that every case is different, but you might get some rough guidance on what happens :T .

As for what to do about phone calls, I've seen a lot of tremendous advice on the main DFW forum about dealing with creditor calls. You might get some ideas on there. Personally, I would be tempted to use the template which insists on contact in writing only, and then politely repeat that message to anyone who calls, then hang up. And, if they persisted in phoning, I'd be tempted to send them the template letter about harassment. But that's just the way I am...

HTH and stay strong!

coolcait

addicted_to_plastic wrote: »

I went br in scotland in june, only had one letter in the post from the AIB with the name of my trustee .The letter confirmed the BR number and date of bankruptcy ( in Scotland you will be declared br then informed by post).
Since then all contact has been via trustee.One meeting to discuss ipa, equity in home,car etc. Everything else has been by phone or post.
I'm not sure how long it is taking at the moment , i waited for about a month for my letter. So the Scottish system takes longer to be processed but by the time you have a meeting or call you are already BR which i feel must be less stressful.Hope this helps. It is based on my experience....not sure if this is how it always works though. i also found it difficult to get any info on the scottish system.

Hiya addicted to plastic

I was a bit confused by your post, so I searched back on your earlier messages.

I think you're in quite an unusual situation. As I understand it, anyone who applies for their own bankruptcy will automatically get the Accountant in Bankruptcy as their trustee. Some cases will be passed on to agents, who will deal with the case for the AiB.

There is an exception to that, of course. If the person who is applying for their own bankruptcy fills in, and signs, a form to say that they want Insolvency Practitioner 'x' to be their trustee, then that IP will be appointed trustee.

It seems that this is what you chose to do, and you probably had your reasons for doing it, which I respect.

However, as a general rule, my personal view would be that I would not choose to have an IP as my trustee - and that is the view which I would share with anyone who asked about going down that route.

scarednshakin

Coolcait thanks so much at least I know kind of what to expect;) I am going br under the LILA regs so I will know to look out for the Form 17. It is great that I have an idea what happens now, if I get phonecall etc from AIB it will not be so scary :eek: but then again it probably will be. I have added in a note explaining about the tenancy agreement. I just put the address where we stay and that my OH is the sole tenant, should I put in the name of the landlord or will that be enough?

I am away to find letters on contact in writing and see if that helps.

Thanks again for all your top advice:T :T