Ask a CCCS counsellor a bankruptcy question

System

thehappybutterfly wrote: »

Good evening everyone,

I'm looking for some basic advice for my MIL. btw - she's 70, registered blind and also has hearing problems so she really needs someone to sort things out for her. But that's another story. She's got herself into debt (about £16k) and was struggling to meet the minimum repayments and recently contacted an Insolvency Practitioner about how to deal with this. She got a pack from them which she couldn't understand so she took it to her local CAB. They couldn't understand it so advised her to go to see a Solicitor about sorting our her debt. She's now set up a debt repayment plan with a firm who is sorting things out for her. However, I just found out 2nite that she's being charged £2500 for their services. I'm convinced she could get this for less if not free of charge from a debt specialist. I may be wrong but I would appreciate some advice. I asked her if she had contacted CCCS but she hasn't. Tsk tsk.

Should she expect to pay someone a large fee for this service? I'd really appreciate some advice.

Hi thehappybutterfly and thanks for your post.

It sounds like your mother in law would benefit from some free and impartial advice.

It’s hard to say without knowing more details exactly what she is being charged for.

I’d recommend that she contacts us for some help. We can do this online or over the phone.

The first thing to do is 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.

Debt Remedy will assist you in completing a financial statement with information on your household, employment, income, expenditure and debts. From this the service will automatically determine your options.

To help you fill in the form, it’s best to gather together information about:
• Your income
• Your expenditure
• The creditors you owe money to

You’ll receive a downloadable advice booklet providing a tailored solution for you based on your current circumstances and advice on ways you may be able to improve your situation.

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

If you phone us it may be possible to refer you directly to a counsellor for immediate advice. Alternatively, we will arrange for an appointment to be booked at a time convenient for you.

I hope this helps.

Kind regards,

Mat

Scully38

Hi,

Not sure if this is the right place to post or not, but I wasn't sure where else to post. I've been written to on several occasions by a debt agency, the same ones that are asking me about m utilities debt. I have spoke to them several times on the telephone and advised them that I will be able to pay off the debts (hopefully) by the end of next week when my house sale goes through.

However all i'm getting at the moment is they want the monies now and have said if they don't receive the full amount then they will issue a court summons against me. The amounts I owe, are not typically huge
amounts.

£45000 to sister as part of mom's inheritance
£537 mobile phone (They're requesting the full amount of what I owe for the entire contract).
£138 Gas
£32 water
£125 elec
£79 car insurance even though I cancelled that months ago.

I've been ordered to pay all of that by this Friday or I go to court. How do I proceed when I don't even have any money to buy food? I've had nothing to eat since last sunday and I don't qualify for any assistance apart from JSA (was on ESA for short period). Once I sell my house I should be ok, but obviously I can't guarantee this as my house sale has fallen through twice already. Will I have to claim bankrupty?

I am very stressed out and currently under psychiatric care on an outpatient basis and on mediation, and some days it's hard to keep going and I just keep thinking that if anything happens for this house sale to fall through then I don't know how I can cope much longer.

System

Scully38 wrote: »

Hi,

Not sure if this is the right place to post or not, but I wasn't sure where else to post. I've been written to on several occasions by a debt agency, the same ones that are asking me about m utilities debt. I have spoke to them several times on the telephone and advised them that I will be able to pay off the debts (hopefully) by the end of next week when my house sale goes through.

However all i'm getting at the moment is they want the monies now and have said if they don't receive the full amount then they will issue a court summons against me. The amounts I owe, are not typically huge
amounts.

£45000 to sister as part of mom's inheritance
£537 mobile phone (They're requesting the full amount of what I owe for the entire contract).
£138 Gas
£32 water
£125 elec
£79 car insurance even though I cancelled that months ago.

I've been ordered to pay all of that by this Friday or I go to court. How do I proceed when I don't even have any money to buy food? I've had nothing to eat since last sunday and I don't qualify for any assistance apart from JSA (was on ESA for short period). Once I sell my house I should be ok, but obviously I can't guarantee this as my house sale has fallen through twice already. Will I have to claim bankrupty?

I am very stressed out and currently under psychiatric care on an outpatient basis and on mediation, and some days it's hard to keep going and I just keep thinking that if anything happens for this house sale to fall through then I don't know how I can cope much longer.

Hi Scully38 and thanks for your message.

Creditors can threaten all sorts of things, these include court action, it doesn’t mean they will actively pursue this just yet, or at all.

If they where to take you to court you would have time to put you side of the story across to the creditors and the court and explain your situation.

The court would then consider the best course of action.

I’d recommend that you contact us for some more advice about what to do now, and see if we can help relieve some of the stress.

The most important thing is to maintain your health and essential costs such as food and keeping a roof over your head.

You can call us on 0800 138 1111. We’re open Monday to Friday 8am - 8pm.

If you phone us it may be possible to refer you directly to a counsellor for immediate advice. Alternatively, we will arrange for an appointment to be booked at a time convenient for you.

I hope this helps.

Kind regards,

Mat

scotlady

I dont suppose anyone knows what BT do with a current bill which was included in the BR. I had to go BR in June due to tax credit overpayments and whilst I didnt include BT, the OR said I MUST as I cant be showing favouritism so it was included. However, I have just managed to get a little job working from home while I am on Incapacity Benefit. I really need this job (permitted work) to try to get myself back on track.

My trustee got sacked which now explains why I was getting loads of letters etc still and BT were not made aware until I told them. I've now arranged for the paperwork to be sent to them but I need to know if anyone has had this before?

Do they just issue an amended bill from the date of BR?

Will they close my account completely?

Anything really..

Thank you so much in advance x

bubbles_bonbon

Hi,
In 2008 I was made BR. I lived with my partner for two years in a home which she had owned for twelve years. My OR calculated my share of the house based on the two years that I had been on the deeds and advised me that I had no equity in the property. He did however place a covenant on the property three year period.

This time is now up and due to the current financial difficulties and the fact that we were flooded by storm waters means that my home has not gained any value. The OR has written to me and advised me that he has removed the covenant off the property.

My question is this. One month after I was made BR, Nat West took out a covenant on our home even though I was BR. Can I now get this removed off the property deeds? I need to know as this affects my partners credit rating and she was not involved in the BR.

Thanks

System

scotlady wrote: »

I dont suppose anyone knows what BT do with a current bill which was included in the BR. I had to go BR in June due to tax credit overpayments and whilst I didnt include BT, the OR said I MUST as I cant be showing favouritism so it was included. However, I have just managed to get a little job working from home while I am on Incapacity Benefit. I really need this job (permitted work) to try to get myself back on track.

My trustee got sacked which now explains why I was getting loads of letters etc still and BT were not made aware until I told them. I've now arranged for the paperwork to be sent to them but I need to know if anyone has had this before?

Do they just issue an amended bill from the date of BR?

Will they close my account completely?

Anything really..

Thank you so much in advance x

Hi Scotlady and thanks for your post.

I’m not sure on BTs stance on this.

I’d recommend that you contact the new trustee and query this.

Kind regards,

Mat

System

bubbles_bonbon wrote: »

Hi,
In 2008 I was made BR. I lived with my partner for two years in a home which she had owned for twelve years. My OR calculated my share of the house based on the two years that I had been on the deeds and advised me that I had no equity in the property. He did however place a covenant on the property three year period.

This time is now up and due to the current financial difficulties and the fact that we were flooded by storm waters means that my home has not gained any value. The OR has written to me and advised me that he has removed the covenant off the property.

My question is this. One month after I was made BR, Nat West took out a covenant on our home even though I was BR. Can I now get this removed off the property deeds? I need to know as this affects my partners credit rating and she was not involved in the BR.

Thanks

Hi bubbles bonbon and thanks for your post.

As the Official Receiver you dealt with has the full history of your case I’d recommend that you contact them in regards to this issue.

I hope this helps.

Kind regards,

Mat

unsure100

My wife left me in May due to my financial situation (heavily in debt none of it her fault or in her name) and she purchased her own house, all in her name. I do not know where she got the money from (I am guessing family but she wont tell me) and has paid all of the bills related with the property ever since. I have never made any financial contribution to this property at all.
What we didnt realise when we broke up was that she was actually pregnant by 2-3 months.
I have contacted the CCCS and they have told me I should go bankrupt due to my situation.
I am going to voluntarily give up the keys to my flat as the mortgage doesnt leave me with enough to live on.
She has thrown me a small lifeline though.
She has said that I can move into her spare room and we will see how things go. She would like me to be there for the child when its born but not if it will put her home at risk.
There are a couple of issues though - she has said if her financial affairs are looked into, she will boot me out. She says this situation is my own doing and she should not have to explain herself to anyone. She already knows the OR will ask what she earns and she will not disclose this information. She would also not tell the OR where the deposit came from as she says its none of their business.
(If anyone looked through my records for the last ten years it would be obvious it didnt come from me)
She is also miffed about the question on the SOA asking how much the mortgage is, as she says that is also none of their business.

She wants me to pay 1/2 of the bills plus a market rent of £450 per month (where I live thats about half the going rate). How do I explain to the official receiver that she does not want to tell me?

I will be paying all of my own fuel and insurance and phone, her likewise.
I will also be buying my own food as we wont be together just living under the same roof.

Is her house at risk if I move in with her?

I dont want to do anything that could harm her or my child.

I dont think she is being obstructive but if I was her I wouldnt want my financial dealings being investigated when I had never been in debt.

Please help

System

unsure100 wrote: »

My wife left me in May due to my financial situation (heavily in debt none of it her fault or in her name) and she purchased her own house, all in her name. I do not know where she got the money from (I am guessing family but she wont tell me) and has paid all of the bills related with the property ever since. I have never made any financial contribution to this property at all.
What we didnt realise when we broke up was that she was actually pregnant by 2-3 months.
I have contacted the CCCS and they have told me I should go bankrupt due to my situation.
I am going to voluntarily give up the keys to my flat as the mortgage doesnt leave me with enough to live on.
She has thrown me a small lifeline though.
She has said that I can move into her spare room and we will see how things go. She would like me to be there for the child when its born but not if it will put her home at risk.
There are a couple of issues though - she has said if her financial affairs are looked into, she will boot me out. She says this situation is my own doing and she should not have to explain herself to anyone. She already knows the OR will ask what she earns and she will not disclose this information. She would also not tell the OR where the deposit came from as she says its none of their business.
(If anyone looked through my records for the last ten years it would be obvious it didnt come from me)
She is also miffed about the question on the SOA asking how much the mortgage is, as she says that is also none of their business.

She wants me to pay 1/2 of the bills plus a market rent of £450 per month (where I live thats about half the going rate). How do I explain to the official receiver that she does not want to tell me?

I will be paying all of my own fuel and insurance and phone, her likewise.
I will also be buying my own food as we wont be together just living under the same roof.

Is her house at risk if I move in with her?

I dont want to do anything that could harm her or my child.

I dont think she is being obstructive but if I was her I wouldnt want my financial dealings being investigated when I had never been in debt.

Please help

Hi unsure100 and thanks for your post.

The Official Receiver will question this but an explanation similar to the one you have given here should suffice, you can even write it in section 13 of the bankruptcy forms.

The Official Receiver could go back through all your financial records should he or she wish to, and they may do this if they feel justified in doing so. However, they cannot do this to your wife as it’s your bankruptcy and not hers.

As you’ve spoken to us already, if you have any further queries please call our bankruptcy team who will be happy to help.

I hope this helps.

Kind regards,

Mat

donexile

Hi,

I currently owe around £35k to about 3 different creditors.I haven't made any payments since about 2007 and have moved several times so they don't know my whereabouts.
I've heard that after a certain time period,if they can't find you,the debt is written off.Is this true?
How would this affect any future credit?

If this is not viable would bankruptcy be the best option?
I explored the possibility of an IVA when I was with my partner but the payments were ridiculously high so decided against it.
How would bankruptcy affect any future credit?Would it say mean that if I went for a mortgage in the future I would pay a higher interest rate or perhaps not even get one?
Any help greatly appreciated...