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Ask a CCCS counsellor a bankruptcy question

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  • LCK
    LCK Posts: 2 Newbie
    Hi, I am bankrupt and need legal advice and probably legal action in a child access issue. I earn too much to qualify for legal aid but couldn't afford a solicitor. What can I do?
  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    Thank you so much for the advice you gave me in my last post. Wonder if I could ask you, would my secured loan lender try to make me bankrupt if I handed my home back to the mortgage company? I need to move to a differant town from the one I now live in so that I can be nearer my work. They won't let me sell my house???


    Hi and thanks for your message.

    As your situation is complex I’d recommend that you give us a call on 0800 138 1111. We’re open Monday to Friday 8am - 8pm and Saturday 9am until 3.00pm.

    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
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    wek21 wrote: »
    Hi, my boyfriend went bankrupt 12 months ago and has now been discharged. I own my house (with mortgage) and he currently pays me rent. In the next couple of years we'd like to move somewhere bigger. Between our two joint salaries we would be able to afford to do that, but can you tell me whether applying for the mortgage with him is going to make it harder/impossible for us to get one? Am I better basing it just on my salary? If we did that we won't be able to get a house the size we would like I don't think, or is it possible that if we make quite a lot on my house we could use that as a large deposit and that might enable us to borrow more? I know my mum would be able to help us too, but I'm not quite sure how - could I put her down on the mortgage even though she won't be paying towards it? Or if she gave us money towards our deposit would that help? Thank you!

    Hi wek21 and welcome to the forum:)

    We don’t really give advice regards mortgages; you’d need to speak to an independent financial advisor.

    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
  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    emperess wrote: »
    Hello

    Please help.

    What is better, to have lots of ccjs paying them off an £1 per month (hopefully £1) for the rest of my life or bankruptcy, I fully understand all the implications of bankruptcy and am now seriously considering this. I cannot get into more details for now, but was wondering which one is worse? In a way it does not matter because my credit record is already rubbish now, and I NEVER want credit again.

    Hi and thanks for your post.

    It sounds like you would benefit from some free and impartial advice.

    It would depend entirely on your situation; bankruptcy is often the quickest way to get debt free. As you suggest with CCJs of £1 per month you would be paying these for a long time.

    In order to file for personal bankruptcy in the UK, a fee of £175 is payable to the court, and an additional fee of £525 is payable to the Official Receiver. These fees can sometimes be reduced if you are in receipt of certain benefits.

    I’d recommend that you give us a call so that we can help you decide which is your best option. If bankruptcy is best advice we have a dedicated team that can assist you with this.

    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
  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    LCK wrote: »
    Hi, I am bankrupt and need legal advice and probably legal action in a child access issue. I earn too much to qualify for legal aid but couldn't afford a solicitor. What can I do?

    Hi and welcome to the forum.:)

    It sounds like the CAB may be able to advise on this issue, you can find the CAB board here –

    http://forums.moneysavingexpert.com/forumdisplay.php?f=211

    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 am in the process of filling in my bankruptcy forms & have recieved a letter today from HMRC saying they will pay me a home visit unless I pay them immediately. Do I tell them I am filing for bankruptcy?
    Thanks in advance.
  • I am in the process of filling in my bankruptcy forms & have recieved a letter today from HMRC saying they will pay me a home visit unless I pay them immediately. Do I tell them I am filing for bankruptcy?
    Thanks in advance.

    Hi cookie15451 and welcome to the forum.

    The HMRC details will need to be included in your bankruptcy and it’s really up to you whether you choose to tell them or not. It may help keep them at bay if they are threatening home visits.

    It’s important that you get some detailed advice before petitioning for your bankruptcy, so if you haven’t done this already I’d recommend that you get in touch with us. We have a specialist team that can go through everything with you and answer any more questions you might have.

    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
  • Thank you Pavan for you speedy reply!
  • kaya64
    kaya64 Posts: 241 Forumite
    edited 2 July 2012 at 12:17PM
    edited for personal reasons
  • Hi, Please can someone answer some questions regarding bankruptcy as a chancer ( who previously lost a case against my partner and I in court ) has issued stat demands through a DCA. We attended hearing to set aside and judge has adjourned for him to present more evidence.... he has none. Question is I made a halfway offer to be done with this, we dispute the debt, he cannot accept due to no win no fee. seems he has been ill advised to pursue bankruptcy against us and now faces costs if set its set aside.
    If it is not set aside and a petition for bankruptcy is presented to court, will it be halted if i bring debt below £750 before court date? In this scenario would he get his £700ish back that was paid to present the petition? If I reduce alledged to below £750 I understand that will stop the stat demand from proceeding but what happens next?

    It is in both our interests to get this set aside now and im starting to wonder if its best to just wait and see if they file a petition??

    sorry its long but head is spinning with this...

    any help greatly appreciated... thanks
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