Ask a CCCS counsellor a bankruptcy question

CCCS_Sue

distressedpleasehelp wrote: »

Have an appointment with the CAB next week to complete my LILA paperwork.
I have a few questions, I hope someone can help with....

Can I still work for a charity?

Does BR show up on an enhanced disclosure?

I live in a house my mum owns, she doesn't live there, I don't pay rent, would she have to be told?

If I owe the Co-op bank money through the BR will they let me have a bank account and insurance?

Will I have to cancel my DMP with payplan or will that just be cancelled through the BR?

My SOA shows around £100 spare a month, though I never seem to have anything spare! will I have to pay that per month to the BR?
Oh and once (if) they accept my bankruptcy does that mean they have done all their background checks etc and are happy with everything and the next time I hear from them should be the 6 month check?
After they accept the bankruptcy then the onus is on me to inform them of any changes or do they still do checks for the whole year?

I opened a Northern Rock basic bank account thinking that would be ok through the bankruptcy. Have I got that wrong?

Also can someone please explain the sequence the LILA happens....
I send off my form on the 13th and then?? When will I be made bankrupt, what sort of timescale is it?

If I'm refused bankruptcy, I loose my £100 but what would happen next??

I'm really worried here, haven't slept, worried sick, would really appreciate some help.
Thank you.

Hi distressedpleasehelp.

In reply to your questions:-

Can I still work for a charity?

You would need to check the terms & conditions of your employment

Does BR show up on an enhanced disclosure? Yes

I live in a house my mum owns, she doesn't live there, I don't pay rent, would she have to be told? It may be best to let her know, but you do not have to.

If I owe the Co-op bank money through the BR will they let me have a bank account and insurance? It will depend on the type of account, and insurance - you need to ask the bank or CAB

Will I have to cancel my DMP with payplan or will that just be cancelled through the BR? Yes. You will need to cancel.

My SOA shows around £100 spare a month, though I never seem to have anything spare! will I have to pay that per month to the BR?
That will be up to the Accountant in Bankruptcy (AIB) but it is likely that you will need to make a contribution, even if not right away, then they can ask at a later date or convert you into 'normal' bankruptcy should they see fit.
Oh and once (if) they accept my bankruptcy does that mean they have done all their background checks etc and are happy with everything and the next time I hear from them should be the 6 month check?
Depends, that will be up to them - we cannot speak for the AIB.
After they accept the bankruptcy then the onus is on me to inform them of any changes or do they still do checks for the whole year?
It is imperative that you contact them about ANY changes that occur but they can also check within their own timescales

I opened a Northern Rock basic bank account thinking that would be ok through the bankruptcy. Have I got that wrong?
It will be frozen should your LILA application be accepted.

Also can someone please explain the sequence the LILA happens....
I send off my form on the 13th and then?? When will I be made bankrupt, what sort of timescale is it?
I think it is best to speak to CAB, when you are there next week.

If I'm refused bankruptcy, I loose my £100 but what would happen next??
You could opt to return to Payplan or another agency to obtain further advice regarding your situation.

Hope this helps

Regards
Sue

CCCS_Sue

cd36uk wrote: »

I am in the process of applying for a debt relief order, the intermediary I am using has advised me to make affordable repayments to my creditors; I have completed a SOA and this has calculated pro rata amonts accordingly.
I have been making these payments (some of my creditors accepted my payment offer short term, others are refusing to accept, but I make the payments regardless)
I have been told to save the £90 fee for the DRO but this is difficult when my spare income goes to the creditors.
I feel like its 1 step forward and 2 back when I manage to save £10 here or there but then I am short of money for household expenses and need to use that money.Other people have said they are not making payments at all but my intermediary said I should.

Hi cd36uk and thank you for your message.

Normally, if you are applying for a DRO, the amount of surplus (which has to be no more than £50) means that you are only able to offer some kind of token payment until the DRO is approved.
However, looking back at your previous post on the forum, there seems to be some discrepancy regarding allowances in your budget which you need to sort out with your intermediary first.
So, this may be the reason why you have been advised to make pro rata payments as you would not be able to apply for a DRO with the surplus being over £50 at the moment.

Regards
Sue

elliesmemory1

CCCS_Sue wrote: »

Hi distressedpleasehelp.

In reply to your questions:-

Can I still work for a charity?

You would need to check the terms & conditions of your employment

Does BR show up on an enhanced disclosure? Yes

I live in a house my mum owns, she doesn't live there, I don't pay rent, would she have to be told? It may be best to let her know, but you do not have to.

If I owe the Co-op bank money through the BR will they let me have a bank account and insurance?It will depend on the type of account, and insurance - you need to ask the bank or CAB

Will I have to cancel my DMP with payplan or will that just be cancelled through the BR?Yes. You will need to cancel.

My SOA shows around £100 spare a month, though I never seem to have anything spare! will I have to pay that per month to the BR?
That will be up to the Accountant in Bankruptcy (AIB) but it is likely that you will need to make a contribution, even if not right away, then they can ask at a later date or convert you into 'normal' bankruptcy should they see fit.
Oh and once (if) they accept my bankruptcy does that mean they have done all their background checks etc and are happy with everything and the next time I hear from them should be the 6 month check?
Depends, that will be up to them - we cannot speak for the AIB.
After they accept the bankruptcy then the onus is on me to inform them of any changes or do they still do checks for the whole year?
It is imperative that you contact them about ANY changes that occur but they can also check within their own timescales

I opened a Northern Rock basic bank account thinking that would be ok through the bankruptcy. Have I got that wrong?
It will be frozen should your LILA application be accepted.

Also can someone please explain the sequence the LILA happens....
I send off my form on the 13th and then?? When will I be made bankrupt, what sort of timescale is it?
I think it is best to speak to CAB, when you are there next week.

If I'm refused bankruptcy, I loose my £100 but what would happen next??
You could opt to return to Payplan or another agency to obtain further advice regarding your situation.

Hope this helps

Regards
Sue

Could you please check the information regarding the CRB check. I am told that bankcupcy DOES NOT show on a CRB check as its not a criminal offence. A lot of people may be worried that it does going by your advice,please canyou check this andcome back to us as it is very worrying for a lot of people.

philnicandamy

The CRB check is indeed correct....as bankruptcy IS NOT a criminal offence it will not show on either a CRB or enhanced CRB

(CRB's were a big part of my last job in the NHS...so had a fair bit of experience)

CCCS_Sue

Hardupandfedup wrote: »

Could you please check the information regarding the CRB check. I am told that bankcupcy DOES NOT show on a CRB check as its not a criminal offence. A lot of people may be worried that it does going by your advice,please canyou check this andcome back to us as it is very worrying for a lot of people.

Sorry for any confusion, we should have clarified our answer further. In essence, it would depend on the job you are applying for.

You are correct in saying that bankruptcy would not show on a basic CRB check and from speaking with various Scottish agencies this morning we have found this to be the case in most circumstances. We apologise again for the misunderstanding.

However, there are different levels of disclosure and that would depend on the job you are applying for. An Enhanced Disclosure is the highest level of access to information.

Enhanced Disclosures can sometimes contain non-conviction information which they may choose to disclose if they believe it to be relevant to the position.

For example, if you were applying for a job in the finance or accountancy department of a charity, bankruptcy would show on a credit check which could be part of an enhanced disclosure. This would also depend on the charity and their internal rules.

Like Miss Spooky said, the employer could use an umbrella registered body to carry out the checks and this could include a bankruptcy check.

Regards
Sue

cd36uk

CCCS_Sue wrote: »

Hi cd36uk and thank you for your message.

Normally, if you are applying for a DRO, the amount of surplus (which has to be no more than £50) means that you are only able to offer some kind of token payment until the DRO is approved.
However, looking back at your previous post on the forum, there seems to be some discrepancy regarding allowances in your budget which you need to sort out with your intermediary first.
So, this may be the reason why you have been advised to make pro rata payments as you would not be able to apply for a DRO with the surplus being over £50 at the moment.

Regards
Sue

From the initial budget sheet, my surplus was always under £50 a month but still i was advised to make pro rata payments calculated from this figure.

The initial budget sheet (nat debtline website) is very basic and does not mention many expeditures. I think applicants need to be better informed of what expenditure is allowed and how much, it would greatly help to speed up that final stage of getting figures together.

My intermediary has worked with me to adjust my figures accordingly and therefore I am obviously eligible to apply as I have been sent my application to sign and barcode to pay.
As a lone parent on benefits, I am probably the type of person the DRO was designed for.

StillStanding

Hi,

Really need some advice on my situation please. I'm currently on a DMP with yourselves, and whilst some of the smaller debts on it are going down nicely, the larger ones are still adding interest despite all my pleadings! I'm also at risk or redundancy in a few months time.
My wife is American and her father sadly passed away at the beginning of the year. Her mother is living by herself in the States and is struggling to cope. My wife has struggled to find work over here and is thinking of moving back to the States to be with her mother and get her old job back. Obviously I'd want to join her too, but I just wanted to know how going BR affects moving abroad ? I've heard different stories from different people! I want to do everything fair, and by the books.
We have a mortgage which is just in my name, but the value of the house is barely more than the mortgage.
Any advice would be much appreciated!!
Thanks

twix79

Hi i have been reading lots information on this site and have decidied that bankrurtcy is the best way forward i have looked at all the figures and when I have done my statment of affairs and included my other halves contributions, i am left with a surplus of £800 this is obviousley far less than what I shoulkd be paying, would I pay all this in to my bankruptcy, and could this be grounds for the judge to decline my bankruptcy

davo69

can any one help i have the same name as my dad i went behind on a credit card and got a mark put on my credit ref the problem is i am no getting all bills coming to my adress that are for my dad not me i dont no were my dad lives now what can i do to stop this happening. please help thanks

Nearlyuseless

I have an appointment for tomorow for bankruptcy but I am still filling in the forms, can you aswer these questions please.

I haven't worked for about 3 years and I can only find some extremely old P60 so I have no tax code to put down and running out of time.

My husband and I are on benefits and our everyday bills are more than our incommings, will that matter.

It is just me going bankrupt.

Thanks.