Ask a CCCS counsellor a bankruptcy question

StepChange_Pavan

Renton29 wrote: »

Hello,
Please can someone advise If you can still claim for Bankruptcy or an IVA if one of the reasons why your are in debt is because you 'Had' a gambling problem?

Hi Renton29 and thank you for your post.

You can still apply for bankruptcy or an IVA even if you incurred some debts through gambling.

If you go bankrupt, it’s likely that the Official Receiver will place a bankruptcy restriction order on you.

If you decide to apply for an IVA, it is likely that they will want to see three months of bank statements that don’t show any gambling payments.

I hope this answers your question.

Kind regards,
Pavan

tigerfeet2006

Renton29 wrote: »

Hello,
Please can someone advise If you can still claim for Bankruptcy or an IVA if one of the reasons why your are in debt is because you 'Had' a gambling problem?

CCCS_Pavan wrote: »

Hi Renton29 and thank you for your post.

You can still apply for bankruptcy or an IVA even if you incurred some debts through gambling.

If you go bankrupt, it’s likely that the Official Receiver will place a bankruptcy restriction order on you.

If you decide to apply for an IVA, it is likely that they will want to see three months of bank statements that don’t show any gambling payments.

I hope this answers your question.

Kind regards,
Pavan

Sorry, hope you don't mind me butting in but Renton might find Amiga's thread extremely helpful
https://forums.moneysavingexpert.com/discussion/1802595

Good luck with it all Renton.

StepChange_Pavan

midlandlady wrote: »

Hi, please can one of the advisors answer a question for me. If a property which is included in a BR is repossesed and sold after the bankruptcy, does the credit file have to show my discharge date as the settlement date or the date of sale of the property? I understood it was the discharge date, I wrote to the mortgage lender to ask them to correct it and they have written back and refused saying the settlement date is the date of sale no my discharge date.(almost a year difference) Thanks

Hi midlandlady and thanks for your post.

Your credit report should show the date of discharge which will be 12 months from the date you went bankrupt (unless you were discharged early).

Under the mortgage entry it will show the date the house was sold to reflect when the account went into default.

These are two separate things - one is an entry to show when the bankruptcy finished - the other is to reflect the payment history for the mortgage.

I hope this makes sense but if you feel that something is not right, this credit explained booklet gives you more information about what you should do.

Kind regards,
Pavan

sevenhorsestakes

Hi There,

I am currently fending off Cabot over three CC debts they took. The first instance of contact, they managed to get a payment over the phone for one of the accounts, but made payments on the other two out of my account. They have harassed me continually for 20 months now and haven't taken me to court. I decided that the best way forwards was to send a SAR, which has less information on it than I thought. I owe over the three 30k without there inflated interest and 48k with it

My current situation is that I do not own a home or car, I have no fixed employment/income. I'm planning to state my situation and suggest a nominal F & F settlement. Do you have any thoughts or suggestions before I send this letter?

SSS

StepChange_Pavan

sevenhorsestakes wrote: »

Hi There,

I am currently fending off Cabot over three CC debts they took. The first instance of contact, they managed to get a payment over the phone for one of the accounts, but made payments on the other two out of my account. They have harassed me continually for 20 months now and haven't taken me to court. I decided that the best way forwards was to send a SAR, which has less information on it than I thought. I owe over the three 30k without there inflated interest and 48k with it

My current situation is that I do not own a home or car, I have no fixed employment/income. I'm planning to state my situation and suggest a nominal F & F settlement. Do you have any thoughts or suggestions before I send this letter?

SSS

Hi SSS and thanks for your post.

It’s difficult to say what your options are without knowing more information about your situation.

If you are considering offering a full and final settlement, I would recommend that you ask for confirmation in writing that they will no longer chase you for the debt before you have paid the money.

If you’d like us to look at your circumstances in more detail and explore all of the options that might be available to you, you can either use our online advice facility Debt Remedy, or ring our free Helpline to book a telephone appointment with a counsellor.

Debt Remedy will assist you in completing a financial statement which includes information on your household, employment, income, expenditure and debts. All this information is used as a basis to determine the options available to you to deal with your situation.

Once you’ve followed the process through and completed all the required information you will immediately be presented with an advice booklet, which will provide tailored advice for you based on your current circumstances. It will also provide advice on ways you may be able to improve your situation.

Alternatively if you would prefer to talk to a debt counsellor about your situation, you can book a telephone based appointment by calling our helpline free on 0800 138 1111. Lines are open Monday to Friday 08:00-20:00.

I hope this helps.

Kind regards,
Pavan

annie46abbie

Hi just a few questions, we have an appointment in 2 weeks with cab, but I am worried about my soa as I don't know what is allowed,

My hubby is going to be paying for his first months petrol for his job but they give it back plus a bit more, it is not added to his wages so would this not be classed as income as he has to travel all over the country.

Also I only have benefits which may soon stop (tax credits) and child benefit, can I say my hubby pays most of the bills in fact he pays them all I try to keep my benefit cash for emergencies etc.

Also we move on 25th we have managed to rent and are going to hand the keys back to our house in the next month or so do I have to pay my council tax for current address for this month or will they defer it and let me pay for the new house instead
Any help would be fab xx

Canarysteve

We have been on a DMP for some time and it's just not working for us. My wife has now had to give up her job due to the stress our debts have caused and so we now can't even pay our DMP or Mortgage.


We are planning to go Bankrupt but I wondered if I will definitely have to pay an IPA. My gross earnings are approximately £23k and we will be relying on tax credits/council tax benefit and housing benefit to make ends meet. In these circumstances would the receiver impose an IPA?

StepChange_Pavan

annie46abbie wrote: »

Hi just a few questions, we have an appointment in 2 weeks with cab, but I am worried about my soa as I don't know what is allowed,

My hubby is going to be paying for his first months petrol for his job but they give it back plus a bit more, it is not added to his wages so would this not be classed as income as he has to travel all over the country.

Also I only have benefits which may soon stop (tax credits) and child benefit, can I say my hubby pays most of the bills in fact he pays them all I try to keep my benefit cash for emergencies etc.

Also we move on 25th we have managed to rent and are going to hand the keys back to our house in the next month or so do I have to pay my council tax for current address for this month or will they defer it and let me pay for the new house instead
Any help would be fab xx

Hi annie46abbie and thanks for your post.

As you have an appointment booked with the CAB, its best that you discuss these options with them as they will have different policies when dealing with income and expenditures.

However, with regards to the petrol, your husband will probably need to budget for this one month in advance. We wouldn’t normally allow you to discount any benefits from the budget. It is better that you include it and allocate money for emergencies within the budget.

With regards to the council tax, I’d recommend that you contact them to make sure that you’re doing the right thing and don’t fall behind with payments.

If you’d like some more immediate advice you can either use our online advice facility Debt Remedy, or ring our free Helpline to book a telephone appointment with a counsellor.

Debt Remedy will assist you in completing a financial statement which includes information on your household, employment, income, expenditure and debts. All this information is used as a basis to determine the options available to you to deal with your situation.

Once you’ve followed the process through and completed all the required information you will immediately be presented with an advice booklet, which will provide tailored advice for you based on your current circumstances. It will also provide advice on ways you may be able to improve your situation.

Alternatively if you would prefer to talk to a debt counsellor about your situation, you can book a telephone based appointment by calling our helpline free on 0800 138 1111. Lines are open Monday to Friday 08:00-20:00.

I hope this helps.

Kind regards,
Pavan

StepChange_Pavan

Canarysteve wrote: »

We have been on a DMP for some time and it's just not working for us. My wife has now had to give up her job due to the stress our debts have caused and so we now can't even pay our DMP or Mortgage.


We are planning to go Bankrupt but I wondered if I will definitely have to pay an IPA. My gross earnings are approximately £23k and we will be relying on tax credits/council tax benefit and housing benefit to make ends meet. In these circumstances would the receiver impose an IPA?

Hi Canarysteve and thanks for your post.

An IPA would depend on your budget as a whole. This leaflet gives you a lot more information about what they are and what to expect. It's very unlikely you would receive an IPA if you have no surplus money after paying out for all your priorities.


I think you’ve mentioned in the past that you’re on a DMP with us. If this is the case, you can call our support team to discuss your situation. If bankruptcy is the best option for you, we can refer you to our specialist bankruptcy team that can help and support you throughout the whole process.

I hope this helps.

Kind regards,
Pavan

bulldogandy1981

Hi
I have a DMP and have failed to make the monthly payment! I still have an estimated debt of £22,422.48. Im close to £700 drawn in my bank account and when i get paid next week it will only be a matter of time untill im back in the red and get another failed payment. Im another considering bankrupcy. Iv been in a mess for 7 years now and its finally come to the point where im slowly giving up. If you/anyone has any advice on what would be the best option and right direction to go it would really help.
Many thanks if you can help me out
Andy