Ask a CCCS counsellor a bankruptcy question

sazaboo

hi there, i am attempting to gain funding to pay the OR deposit so i can apply for Br.

I have several creditors who will be included in this obviously. at the moment all of my disposable income is paying a legal bill and will do for about 8 months. I am still using this solicitor and want to continue these payments and retain his services. is this something i can do? im effectively picking a debt and not including it in the bankrupcy - perhaps the same as the car i have on finance, that i require the use of and want to continue to pay...help!

System

sazaboo wrote: »

hi there, i am attempting to gain funding to pay the OR deposit so i can apply for Br.

I have several creditors who will be included in this obviously. at the moment all of my disposable income is paying a legal bill and will do for about 8 months. I am still using this solicitor and want to continue these payments and retain his services. is this something i can do? im effectively picking a debt and not including it in the bankrupcy - perhaps the same as the car i have on finance, that i require the use of and want to continue to pay...help!

Hi sazaboo and thanks for your post.

It’s difficult to say without knowing the full details of the situation. As you have spoken to us already I’d recommend that you give us a call and speak to our specialist bankruptcy team and give them the details of why you intend to exclude this legal bill and what services the solicitor is providing for you.

We’d need to know the amount of disposable income you have and the balance owed to the solicitor and any possible future bills for legal services before we could give you accurate advice.

As this is quiet complex it would be better looked into over the phone with a bankruptcy advisor who has access to your details.

I hope this helps

Kind regards

Mat

ex_manager

JAIMO wrote: »

hi,
i'm currently in a bit of a pickle with my finances and hope you can give me some advice.
i was made unemployed around 2 years ago due to stress/depression and was given ESA benefits. fortunately, i was living with family so i was able to afford my credit card repayments but i now have a place of my own from the local authority. i informed both my creditors of the situation and told them that i was not longer able to afford repayments due to my severe lack of money. although they were nice about it, they're still hounding me for repayments i cannot afford and have passed the debts on to a collection service.

i've contacted the CAB for help but am unable to go and see them due to also suffering from agraphobia and they won't come out to see me. is there anything i can do solely via email?? i really need to get this sorted before the collection service turn up and reposses what little i have!!

hi mate. i will help.

i was a manager of one of the UK's biggest debt companys.
first of all if you owe tax money... pay it.
if its credit, I.E bank accounts, store cards, loans, credit/debit cards. DONT WORRY.
you account would have been sold of to a DCA (debt company) for next to nothing. they will bug you until you pay.... DONT worry.
thay HAVE to take an offer (even if they say there not happy with it) they HAVE TO.
ring them up and offer £1 a month. there is nothing they can do because you have agreed to pay.
they can NOT send people round your house to take your goods... RELAX.
there letters will say we MAY take one of the following actions.. 'MAY' is a legal word we use to scare you. we 'MAY'..... we MAY not
bar there number from calling you, and dump the mail.
set up a standing order for a pound.
dont get scared by the letters of there staff. there on commision. they WANT your money.

the letters will say
1. pass to our field agence/ door collectore (relax, this is goner be a old man with a book you sign each month with like a pound or something) they CANT come into your houme.
2. pass to our legal team..( and do what?? NOTHING) a scare taktic
3. carry on collections... (:) this is the one they will do.) more calls and letters.... BORING lol

all the best

Candy53

Hi,
I've read nearly all the posts on this thread, and I haven't come across you warning potential bankruptees that going bankrupt isn't always the end of it.
Both me and my husband went bankrupt separately, but at the same time, in 2007. My husband is the only one who has a job, and his wages then, were only enough to keep us afloat. But, to our horror, while my husband was having his phone interview, he was told he would have to pay the receiver £100 per month which would be shared out between my husband's debtors when the 3 years were up.
We struggled to pay it, but what made us angry was that we spoke to several people who had the same receiver, on similar income to us, and none of them paid a penny. One person who actually did the same job as my hubby was shocked and said he didn't have to pay anything.
We paid it until the recession hit, and my hubby's wages were cut by £65 a week.
He wrote a letter to the receiver saying he couldn't pay this anymore, or we would end up in debt again. The payments were stopped. I still to this day think it was unfair.

sazaboo

just want to say a proper thanks!

thank you!!

System

Candy53 wrote: »

Hi,
I've read nearly all the posts on this thread, and I haven't come across you warning potential bankruptees that going bankrupt isn't always the end of it.
Both me and my husband went bankrupt separately, but at the same time, in 2007. My husband is the only one who has a job, and his wages then, were only enough to keep us afloat. But, to our horror, while my husband was having his phone interview, he was told he would have to pay the receiver £100 per month which would be shared out between my husband's debtors when the 3 years were up.
We struggled to pay it, but what made us angry was that we spoke to several people who had the same receiver, on similar income to us, and none of them paid a penny. One person who actually did the same job as my hubby was shocked and said he didn't have to pay anything.
We paid it until the recession hit, and my hubby's wages were cut by £65 a week.
He wrote a letter to the receiver saying he couldn't pay this anymore, or we would end up in debt again. The payments were stopped. I still to this day think it was unfair.

Hi Candy53 and thanks for your post.

We always advise posters on the forum to seek detailed advice from us before petitioning for bankruptcy. This would involve them contacting our specialist bankruptcy team by phone.

Each individual bankruptcy is different but once we have full details of income and expenditure we can usually establish if there is any surplus income that may be subject to an income payments order should the clients go bankrupt.

It’s difficult to go into this level of detail on a forum.

I hope this helps

Kind regards

Mat

London_Saver_2

Hi, can anyone tell me how much a married man, tenant, with children, can reasonably expert to earn in a bankruptcy without being forced to pay a chunk of his earnings for three years. And also how does this work if a bankruptcy is only for 12 months? Do you have to pay over for two years after discharge?

Thank you.

skintasusual

Hi,

I think I have decided that bankruptcy is for me, I have taken advice from national debtline, I owe about 17000 and now have two children and no income to pay for the forseeable future. Have been struggling with debt for the past 13 years or so!

Just a question, I have read the info on 'what happens to your car' but am still not sure...

4 years ago my husband took a loan (in his name) for 7500 and we got a car.
After having 2 children we needed a bigger car and found one for 3500 that the trader was willing to do a direct swap for our old car, as we didnt have any money to put towards it, as ours was a year newer than the one we traded for but a bit battered! So it was a fair swap and we both got what we wanted ( I have receipts)
The thing is it is registered in my name, as i dealt with it, but I have never paid for it, and this isnt the original car my husband took the loan for.

So if it is registered in my name does that mean I own it and it would be part of my BR?
or because my hubby paid for the car in the first place is it his and won't form part of my BR?

I need it for my work, and the parkers guide says it will be worth about 2700ish by now.

How do you think the OR will view this?

Many thanks!!

Stress_Puppy

Hi,

I'm currently with a debt management company and am about to contemplate BR, I have a quick question surrounding bank accounts. I'm aware of the Barclays and Co-op accounts suggested. The thing is, I'm already with the Co-op, would anyone know if I could still stay with them and open up the "basic" account prior to being declared BR? I read somewhere on the forum that the Co-op is one of the most "BR-friendly" banks out there so short of actually asking them, does anyone here have any idea if I can do this ?

The thing is, amongst everything surrounding the prospect of me going BR, I'm on jobseekers' allowance and was hoping the transition of being declared BR wouldn't affect having my dole money being paid in.

Any advice is gratefully received in these quarters....

StepChange_Pavan

London_Saver wrote: »

Hi, can anyone tell me how much a married man, tenant, with children, can reasonably expert to earn in a bankruptcy without being forced to pay a chunk of his earnings for three years. And also how does this work if a bankruptcy is only for 12 months? Do you have to pay over for two years after discharge?

Thank you.

Hi London Saver and thank you for your post.

This completely depends on your household budget.

If you have no surplus after paying for all your priorities and reasonable expenditure then you wouldn’t be expected to pay towards an Income Payment Arrangement/Order.

This leaflet gives you a bit more information on how they work: http://www.insolvency.gov.uk/guidanceleaflets/ipoipa/ipoipa.htm

Usually it would last 3 years, even if you are discharged from your bankruptcy after 12 months.

I’d really recommend that you get some free and impartial advice to ensure that this is your best solution. If it is, we have a specialist bankruptcy team that will support you through the process and advise you on whether you are likely to have to pay anything based on your budget.

You can visit our online debt advice service Debt Remedy (http://www.cccs.co.uk/ref/drcu) to help you find a solution to your debt problem quickly.

If you’re not confident with computers or would like to speak to an advisor, you can ring our free Helpline on 0800 138 1111. We’re open Monday to Friday 8am - 8pm.

I hope this helps.

Kind regards,
Pavan