Ask a CCCS counsellor a bankruptcy question

StepChange_Pavan

vonners32 wrote: »

I have been divorced from my husband about 4-5 years and don't see or speak to him (he is currently overseas), We do still have a joint account together that he uses as his current account, we just never got around to taking my name off it. If I go bankrupt will they freeze this also? or will they check first? if they do they will see I haven't paid into there for years. I just don't want to go bankrupt and them freeze his account - he would go mad, understandably!

Hi vonners32 and welcome to the forum.

Unfortunately if you’re still named on the account they will freeze it. I’d recommend that you explain the situation to your Official Receiver so that your es husband isn’t inconvenienced too much.

Kind regards,
Pavan

fairygirl1977

Hi - I was wondering if someone could help. I am currently on a DMP with CCCS which basically leaves me with nothing to live on each month and it is going to take me a minimum of 10+ years to clear my debts during which time I will lose my flat anyway as it is shared equity with Barratts and I am due to have repaid the 10 years interest free loan for the shared equity part within the next 8 years which I have not even started paying yet and is not even considered within my DMP (I did tell CCCS I am in shared equity property however they have not asked for any details of this??).
My brother has just finished his 12-mth bankruptcy and has 3 children. I am seriously considering going bankrupt as the prospect of 12-months living on nothing seems so much more 'copeable' than the current situation. I have been repaying for 15-months so far and have underlying mental health issues (Bi-Polar) which are seriously being made worse by the stress of having no money each month to get by from a job that I work very hard at and hate.
Please can someone advise as to why CCCS avoid my question of bankruptcy every time I ask? Is this because despite how the situation is impacting upon me, every creditor will get every penny back off me even if it takes the rest of my life to clear as opposed to what they will get with BR?
I also read that you don't necessarily lose your home with BR as I have no equity in mine due to it being shared equity and I have only lived here 2-years after leaving my husband? The only asset I have is my car which I have a CCJ on anyway and would be more than willing to hand over due to the stress that it has caused me.
Am I not eligible as I do not have any dependants? Which is another issue - I am 25 now and want children with my partner - how will I ever be able to do that on a DMP?????
Thanks

fairygirl1977

Apologies - I also forgot to ask; if I am separated but not legally divorced, would I need to be divorced prior to going BR as I have heard that my debts could fall on my ex-husband if not? Is this true??
Thanks one again

mysterio_2

fairygirl1977 wrote: »

Apologies - I also forgot to ask; if I am separated but not legally divorced, would I need to be divorced prior to going BR as I have heard that my debts could fall on my ex-husband if not? Is this true??
Thanks one again

any JOINT debts you had would fall to your ex..seperated or not

StepChange_Pavan

fairygirl1977 wrote: »

Hi - I was wondering if someone could help. I am currently on a DMP with CCCS which basically leaves me with nothing to live on each month and it is going to take me a minimum of 10+ years to clear my debts during which time I will lose my flat anyway as it is shared equity with Barratts and I am due to have repaid the 10 years interest free loan for the shared equity part within the next 8 years which I have not even started paying yet and is not even considered within my DMP (I did tell CCCS I am in shared equity property however they have not asked for any details of this??).
My brother has just finished his 12-mth bankruptcy and has 3 children. I am seriously considering going bankrupt as the prospect of 12-months living on nothing seems so much more 'copeable' than the current situation. I have been repaying for 15-months so far and have underlying mental health issues (Bi-Polar) which are seriously being made worse by the stress of having no money each month to get by from a job that I work very hard at and hate.
Please can someone advise as to why CCCS avoid my question of bankruptcy every time I ask? Is this because despite how the situation is impacting upon me, every creditor will get every penny back off me even if it takes the rest of my life to clear as opposed to what they will get with BR?
I also read that you don't necessarily lose your home with BR as I have no equity in mine due to it being shared equity and I have only lived here 2-years after leaving my husband? The only asset I have is my car which I have a CCJ on anyway and would be more than willing to hand over due to the stress that it has caused me.
Am I not eligible as I do not have any dependants? Which is another issue - I am 25 now and want children with my partner - how will I ever be able to do that on a DMP?????
Thanks

Hi fairygirl1977 and thanks for your question.

We would always explore all of the options that are available to you, so there could be a reason why we’ve not recommended bankruptcy in the past. Either way, I’d recommend that you give us a call so that we can look at your situation in more detail. If you prefer you can send me your client reference number in a private message and I can get someone to look into it and contact you. We have a specialist bankruptcy support team that will advise you if this is your best option.

Like mysterio has said, your ex-husband would be chased for any outstanding joint debts in full -whether you’re legally divorced or not.

I hope this helps.

Kind regards,
Pavan

Nais_2

I am a discharged bankrupt of nearly 1 year.

I checked my credit report and see that all of the debts that formed the bankruptcy are still showing as owing and showing red as defaulted payments up to the current date. It is also showing a ccj that I wasnt even awar of.
Is this correct
Should they still be showing?

StepChange_Pavan

Nais wrote: »

I am a discharged bankrupt of nearly 1 year.

I checked my credit report and see that all of the debts that formed the bankruptcy are still showing as owing and showing red as defaulted payments up to the current date. It is also showing a ccj that I wasnt even awar of.
Is this correct
Should they still be showing?

Hi Nais and thanks for your question.

This doesn’t sound right so I’d recommend that you contact your Official Receiver to clarify what you should do.

I hope this helps.

Kind regards,
Pavan

tigerfeet2006

Nais wrote: »

I am a discharged bankrupt of nearly 1 year.

I checked my credit report and see that all of the debts that formed the bankruptcy are still showing as owing and showing red as defaulted payments up to the current date. It is also showing a ccj that I wasnt even awar of.
Is this correct
Should they still be showing?

CCCS_Pavan wrote: »

Hi Nais and thanks for your question.

This doesn’t sound right so I’d recommend that you contact your Official Receiver to clarify what you should do.

I hope this helps.

Kind regards,
Pavan

Why not follow the CRF Clean Up https://forums.moneysavingexpert.com/discussion/677875

There are some knowledgble people on the BR board who have done this and can help.

win123

Hi CCCS

Just one further question if you dont mind - I am currently applying for a mortgage rescue scheme with my housing association where they say if we are successfull then they will purchase 30% of my property reducing my mortgage and I pay them back when I sell or die - I am on a DMP with yourselves and was just wondering if I was successful in this going through would I be able to go bancrupt and still keep my home? I think we may have about 20k equity just a question that I was hoping someone could reply to if they know the answer - so scared at the moment as my DMP is going to run for 25 yrs and I feel I can't live like this anymore - Our house has been adapted by a council grant as my mum is disabled so I am hoping we can stay in our own home as trying to find somewhere suitable to live will be a nightmare - I am so frightened - I never want to see another credit card again in my life - but i have to do something as all this debt is making me ill
Thanks for the advice

StepChange_Pavan

win123 wrote: »

Hi CCCS

Just one further question if you dont mind - I am currently applying for a mortgage rescue scheme with my housing association where they say if we are successfull then they will purchase 30% of my property reducing my mortgage and I pay them back when I sell or die - I am on a DMP with yourselves and was just wondering if I was successful in this going through would I be able to go bancrupt and still keep my home? I think we may have about 20k equity just a question that I was hoping someone could reply to if they know the answer - so scared at the moment as my DMP is going to run for 25 yrs and I feel I can't live like this anymore - Our house has been adapted by a council grant as my mum is disabled so I am hoping we can stay in our own home as trying to find somewhere suitable to live will be a nightmare - I am so frightened - I never want to see another credit card again in my life - but i have to do something as all this debt is making me ill
Thanks for the advice

Hi there,

As you’re already on a DMP, it’s best that you give us a call – I think I remember you mentioning that your mum needs some advice too so it’s definitely worth getting in touch so that we can go through your options in more detail.

From what you’ve mentioned, it’s unlikely that you would be able to go bankrupt and keep your house with £20K equity, but if you give us a call we will be able to discuss this thoroughly.

Kind regards,
Pavan