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Ask a CCCS counsellor a bankruptcy question

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  • KimLyn wrote: »
    Thanks Pavan.

    Another question I have is if he did go BR would our landlord be told? We failed all credit checks when trying to rent through an agent because of both our DMP's but managed to find a private landlord. If they are told and we have to move out we won't have anywhere left to go.

    Hi again,

    It’s unlikely that they would be told but they could find out if they were to credit check him. It’s important that you check the terms and conditions of the tenancy, because it may state in there whether or not you can stay.

    Like I mentioned, it’s really important that your husband gets some detailed advice and we can provide this free of charge. We also have a specialist bankruptcy team that can help and support him throughout the whole process.

    Kind regards,
    Pavan
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy
  • hi there and thanks for the information you have provided on the points i had ,its took a bit of a weight off ,thanks ,also along with what ive previously asked i was wondering what my response should be to the creditors who are ringing me with regard to my outstanding balances ,should i tell them that im going to be registering bankruptcy as soon as i have the necessary funds ,or should i say that i am currently being advised with regard to debt management??,as there is conflicting advice and i dont know which one to do for the best ,as ive heard that by admitting you are going bankrupt can cause further difficulties ,if so what would these be?,any and all assistance on this quandary would be gratefully received ,cheers :-)

    Hi there,

    It depends on how long it might take you to save the funds – if it will be very soon then you could tell them this and it shouldn’t make any difference.

    However, if it might take some time it might be better to offer them token payments and explain that you’re receiving advice and considering your options at the moment.

    I hope this helps.

    Kind regards,
    Pavan
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy
  • I was declared bankrupt on April 8th 2009 and paid into the bankruptcy for 12 months. I then received a letter from the courts stating that I was discharged from bankruptcy. The trustee of the bankruptcy has just filed to the Land Registry for an order against my jointly owned home, I received the letter from the Land Registry dated 26th March, which I have to either consent to or contest by April 18th. They were aware of my vested interest in the property at the start of my bankruptcy and I have signed letters to prove this. Are they within the 3 year time frame or are there other laws that permit them to do this.
    There will be a meeting of the creditors on April 18th which I can attend, will this help and what are my options.
    I have a civil partner and a 11year old son living in the property.
  • IF
    IF Posts: 34,349 Forumite
    10,000 Posts Combo Breaker
    I was declared bankrupt on April 8th 2009 and paid into the bankruptcy for 12 months. I then received a letter from the courts stating that I was discharged from bankruptcy. The trustee of the bankruptcy has just filed to the Land Registry for an order against my jointly owned home, I received the letter from the Land Registry dated 26th March, which I have to either consent to or contest by April 18th. They were aware of my vested interest in the property at the start of my bankruptcy and I have signed letters to prove this. Are they within the 3 year time frame or are there other laws that permit them to do this.
    There will be a meeting of the creditors on April 18th which I can attend, will this help and what are my options.
    I have a civil partner and a 11year old son living in the property.

    Hi WL, I would ask this question on the main board too for further help and support.

    Best wishes
    If...x
    "If wishes were horses, then beggars would ride"
  • MUMZ2BEE
    MUMZ2BEE Posts: 381 Forumite
    Hi there.

    I am in debt to around £13000. This is a loan and a credit card.

    I currently receive around £800 in benefits as I am disabled and cannot work.

    With all these new benefit changes, I am worried about a reduction, and if I cannot cope paying my debts.

    What would be better for me please, full bankruptcy or a DRO?

    I do live with someone but we are not financially linked, and I don't owe the property.

    I am suffering from depression and this is making it worse.

    Please help!!

    Thanks!! xx
  • System
    System Posts: 178,344 Community Admin
    10,000 Posts Photogenic Name Dropper
    MUMZ2BEE wrote: »
    Hi there.

    I am in debt to around £13000. This is a loan and a credit card.

    I currently receive around £800 in benefits as I am disabled and cannot work.

    With all these new benefit changes, I am worried about a reduction, and if I cannot cope paying my debts.

    What would be better for me please, full bankruptcy or a DRO?

    I do live with someone but we are not financially linked, and I don't owe the property.

    I am suffering from depression and this is making it worse.

    Please help!!

    Thanks!! xx

    Hi and thanks for your post.

    I’m sure we can help you resolve your current situation.

    It’s hard to say which debt solution would be best without looking at your full circumstances.

    I’d recommend that you try 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.

    We also have a dedicated team that can check that you are receiving all the benefits that you are entitled to.

    I hope this helps.

    Kind regards,

    Mat
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • I was declared bankrupt on April 8th 2009 and paid into the bankruptcy for 12 months. I then received a letter from the courts stating that I was discharged from bankruptcy. The trustee of the bankruptcy has just filed to the Land Registry for an order against my jointly owned home, I received the letter from the Land Registry dated 26th March, which I have to either consent to or contest by April 18th. They were aware of my vested interest in the property at the start of my bankruptcy and I have signed letters to prove this. Are they within the 3 year time frame or are there other laws that permit them to do this.
    There will be a meeting of the creditors on April 18th which I can attend, will this help and what are my options.
    I have a civil partner and a 11year old son living in the property.

    Hi WorriedLeicestershire and thanks for your post.

    They’re within the timeframe to do this and from what you’ve said it sounds as though you may have signed something to say that they can come back at any time.

    However, this doesn’t mean that you’ll automatically lose your home – there are many factors involved including whether there’s any equity and the fact that it’s jointly owned. Also, as your son is only 11, they could only put a charge on the property as it wouldn’t be sold until he’s 18.

    The meeting of creditors is so that they can decide whether or not they have interest in the property. It is worth going so you can put your case forward.

    I’d recommend that you give us a call so that we can give you some more detailed advice and guidance. We have a specialist bankruptcy support team that can explain everything to you.

    I hope this helps.

    Kind regards,
    Pavan
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy
  • Hi Seive, could you pls guide me to find Barclays Cash Card account information online. Thanks in advance.
  • williams22 wrote: »
    Hi Seive, could you pls guide me to find Barclays Cash Card account information online. Thanks in advance.

    Hi Williams22 and thanks for your post.

    This link should give you all the information you need: http://www.barclays.co.uk/Currentaccounts/Packagedaccounts/CashCardAccount/P1242557963900. I think you would need to apply for it in branch.

    Kind regards,
    Pavan
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy
  • OhSoStupid
    OhSoStupid Posts: 42 Forumite
    Good Morning Matt/Pavan

    Following my bankruptcy, I was expecting a nil tax code (although I only started a job a few months after declaring BR). However, I have paying tax as normal. My question is, because I have not earned more than my tax free allowance, am I able to claim a tax refund as I would be normally? I appreciate that normally the OR would be entitled to any refund, but technically I shouldnt have been paying tax in the first place.

    If I had not paid the tax each month then I very much doubt that I still would have any excess disposable income. It would be nice if I could use this money to give my wife a larger contribution towards our expenses instead of her subsidising me.

    Many thanks in advance for any reply.

    Would it make any difference if I claimed refund after being discharged?

    I do not have an IPA, and technically my my SOA would show a negative disposable income (my wife contributes from savings)
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