Ask a CCCS counsellor a bankruptcy question

We_Are_The_Mods

Any help with these would be great, thanks.

I'm lodging with a relative after being evicted from my home (mortgage repo) do I have to give this address on any of the BR forms? only I don't want my relative to get any black marks against their name, after all, all my debt has been acquired at my previous address. Also, although I'm not renting I am contributing significantly to the house running costs, do I put these down as regular outgoings? rent, gas, electric, food etc....

Also, my only income is state benefits which is paid into a post office account, do I need to give details of this account on the forms? I have a current account and will obviously fill in the details for it, just wondered what I do about the PO account and money that is in it.

Many thanks in advance.

PoorOldPete

Hi

I need some advice before I make my next move with our debts, my wife's and mine. Little bit of background... the debts are fairly long term, some over 6 years since last payment towards or communication etc, and our mostly store cards, bank loans, catalogues, student loan etc etc, but there are some utility bills, water, elec and council tax... We are both out of work for health reasons, neither likely to ever return due to the health reasons... Our income is incap ben/child tax cred/DLA/housing ben/child ben... no wages or other income. No savings, live in rented house and car on DLA... we also don't own anything expensive, so I presume that means no assets?

Our debts our in our individual names, but together total about £34k. I know at least 2 could be removed under limitations act, dropping that by £3k. I think there are others that could also be dropped but need to check them out in detail. I think that individually we would have less than £15k each if we did this.

What I need to know is if we can go for DRO rather than BK. So...

1. can we as a married couple do seperate DRO's or do they have to be merged as one debt because we are married?

2. are DLA and child benefit ignored income when doing an income/expenditure? DLA is currently being renewed so if we didn't get it back our financial situation would dramatically change for the worse.

3. some of the debts, banks/CC's are mostly made up of charges. If I claim this money back under hardship would that affect a DRO? If I claimed it back but used it to reduce the debt owed to that company would affect DRO? If I claimed back and shared between all debts would that be acceptable?

4. I will be claiming DLA for myself in the near future, if I get it then there is a backdated payment made, would this affect DRO?

5. If I have to have a BK would my Natwest step account, joint, have to go? It has all bens paid into it and DD's for non debts paid out.

6. would a DRO affect my bank account?

7. I have been told there are acceptable levels of expences by the government, e.g. how much is allowed to be paid on housekeeping etc per month. Is there somewhere I can see these levels so I can see if mine reasonable?

8. if I ask CCCS to help with my debts would I do all the contacting/negotiating or can it be done by CCCS?

I am sure I will have more questions as I have so many concerns about my situation and I want to do it right as my family has lived with these debts and the 'callers' for years now and it has had a great effect on us.

Thanks in advance.

Pete

langfor

Hi guys,

just a quick one i hope.

I was sequestrated 4 years ago after i split up from my wife. The debts were mostly joint between us both.
We later got back together and now are in the position that all these creditors are still chasing my wife and now feel she should be sequestrated. What i need to know is would my income be taken into consideration as ii've already had been sequestrated over these debts. I've already had these written off against myself so don't see how i can be held accountable for them.

Also i'm unsure how it works as most of these haven't had any payments made in over 5 years.

Does this make sense???

CCCS_Amanda

We_Are_The_Mods wrote: »

Any help with these would be great, thanks.

I'm lodging with a relative after being evicted from my home (mortgage repo) do I have to give this address on any of the BR forms? only I don't want my relative to get any black marks against their name, after all, all my debt has been acquired at my previous address. Also, although I'm not renting I am contributing significantly to the house running costs, do I put these down as regular outgoings? rent, gas, electric, food etc....

Also, my only income is state benefits which is paid into a post office account, do I need to give details of this account on the forms? I have a current account and will obviously fill in the details for it, just wondered what I do about the PO account and money that is in it.

Many thanks in advance.

Hi We are the Mods,

I would assume that as you are currently staying with your relative, and the court will need your current address, you will have to put this on the Bankruptcy forms. Your credit history is an individual record of your own financial history and should not affect your relative.

When you complete your budget you should declare all of your outgoings. This will include any contributions that you make to rent, gas, electric, as well as your own travel expenses, food etc.

When you complete your Bankruptcy forms you have to be completely honest and declare everything. The Official Receiver (OR) will not take money from your post office account if this is needed to live and pay bills. Just indicate that this is your account where your benefits are paid.

I hope that this helps

Regards,
Amanda

CCCS_Amanda

PoorOldPete wrote: »

Hi

I need some advice before I make my next move with our debts, my wife's and mine. Little bit of background... the debts are fairly long term, some over 6 years since last payment towards or communication etc, and our mostly store cards, bank loans, catalogues, student loan etc etc, but there are some utility bills, water, elec and council tax... We are both out of work for health reasons, neither likely to ever return due to the health reasons... Our income is incap ben/child tax cred/DLA/housing ben/child ben... no wages or other income. No savings, live in rented house and car on DLA... we also don't own anything expensive, so I presume that means no assets?

Our debts our in our individual names, but together total about £34k. I know at least 2 could be removed under limitations act, dropping that by £3k. I think there are others that could also be dropped but need to check them out in detail. I think that individually we would have less than £15k each if we did this.

What I need to know is if we can go for DRO rather than BK. So...

1. can we as a married couple do seperate DRO's or do they have to be merged as one debt because we are married?

2. are DLA and child benefit ignored income when doing an income/expenditure? DLA is currently being renewed so if we didn't get it back our financial situation would dramatically change for the worse.

3. some of the debts, banks/CC's are mostly made up of charges. If I claim this money back under hardship would that affect a DRO? If I claimed it back but used it to reduce the debt owed to that company would affect DRO? If I claimed back and shared between all debts would that be acceptable?

4. I will be claiming DLA for myself in the near future, if I get it then there is a backdated payment made, would this affect DRO?

5. If I have to have a BK would my Natwest step account, joint, have to go? It has all bens paid into it and DD's for non debts paid out.

6. would a DRO affect my bank account?

7. I have been told there are acceptable levels of expences by the government, e.g. how much is allowed to be paid on housekeeping etc per month. Is there somewhere I can see these levels so I can see if mine reasonable?

8. if I ask CCCS to help with my debts would I do all the contacting/negotiating or can it be done by CCCS?

I am sure I will have more questions as I have so many concerns about my situation and I want to do it right as my family has lived with these debts and the 'callers' for years now and it has had a great effect on us.

Thanks in advance.

Pete

Hi Pete,

I think Sarah has answered this question for you on the other thread.

Regards,
Amanda

We_Are_The_Mods

CCCS_Amanda wrote: »

Hi We are the Mods,

I would assume that as you are currently staying with your relative, and the court will need your current address, you will have to put this on the Bankruptcy forms. Your credit history is an individual record of your own financial history and should not affect your relative.

When you complete your budget you should declare all of your outgoings. This will include any contributions that you make to rent, gas, electric, as well as your own travel expenses, food etc.

When you complete your Bankruptcy forms you have to be completely honest and declare everything. The Official Receiver (OR) will not take money from your post office account if this is needed to live and pay bills. Just indicate that this is your account where your benefits are paid.

I hope that this helps

Regards,
Amanda

Thanks Amanda,

The reason I ask about the address is that I am part way through filling out the forms on the insolvency website and have stated my old address, but it won't let me edit the details to update it.

Do I declare the post office account on the forms? only it's not a bank account and is designed only for state benefit use. I'm not trying to be deceptive, I just want to be 100% sure I'm including the correct information.

Thanks again.

alan_haldane

I am a discharged bankrupt and have been going through martins suggestions for buildings insurance ,several wouldnt quote as there is a bankrupt residing in the house .The house belongs to my partner and the insurance is in her name but she is being descriminated because i live with her !!! Any idea why i am such a bad risk ? I obtained motor insurance without a problem >

mcajshaw

Hi guys,

I have a couple of really important questions that I hope you maybe able to answer for me. Firstly, can I include payday loans in my list of creditors, and if so how do I date them? I keep "rolling over" the loans so in effect there is a new agreement each month. I am worried that it will look like I have just taken lots of loans with the intention to go bankrupt when really the cycle has been going on for months.

Secondly, because I now live back at home I have no rent to pay for the moment (parents are not charging me given bad finances). I have approximately £20,000 of debt including friends and family. Will they still let me go bankrupt, or do I risk losing my £600 because they will say in time I will have lots of surplus income?

I hope you can help on both these points for me,

Jonathan.

Shel

Hi.

I am currently doing a DMP with CCCS. most of my creditors have gone quiet and seem to have accepted what i'm doign apart from my major debt Halifax. They have since passed the debt onto Albion debt recovery and as they have the phone number for my parents (where i was living when I took out the loan) home they have called there several times saying its in my interest to call back.

I can't possibly tell my parents about my debt, is there anyway for me to stop them calling there. I thought if i answer my mobile to them and ask them to stop calling there they may continue as they would know its why i answered my mobile.

any advice?


My second question is I have just started a new job so my pay is slightly different and my first month quite considerably lower. I am due to make my payment by 10th May, would it be too late to discuss reducing this payment with CCCS and if so is this likely to stir up trouble with the creditors that have gone quiet?

KITTENPOP9

Hi there,
Hope you can shed some light on this... Me and OH went BR in March, we have a house which we're pretty sure is in negative equity and we haven't bought the BI as we can't afford it. The other day we recieved two letters in the post a B136(TIB) Notice of an application to register a restriction against the land and also B178 Notice of an application to register restrictions against the land.....What are they for exactly and what do they mean? I really haven't got a legal brain and am quite puzzled by them. They have to be signed and sent back so any info on them (in layman's terms) would be greatly appreciated!
Many thanks.