Ask a CCCS counsellor a bankruptcy question

CCCS_Amanda

Mooloo wrote: »

I was made bankrupt in 2007. I have managed until now. Due to ill health I lost my paid job in January. I am on ESA, child tax credit, and child benefit. There is also a CSA case for my son, but he left school this term and apart from ESA the rest will stop.
I am not well enough to go out to work full time, at the moment. So at my back to works meeting the advisor and I chatted about using my sewing skills to teach others.
My question is, am I allowed to be self employed or have my own business? She said she would find out and let me know, but several weeks have gone passed and she still hasnt got back to me, and is now off on her holidays?

Hi Mooloo,

Thank you for your post.

You can be self employed if you have been bankrupt in the past but are not able to be the director of a limited company. Sounds like a great way to make a bit of extra income!

Regards,
Amanda

Savvy_sewing

Right I am going to see what qualifications I will need and see if I can move foreward now. Thankyou.

robert.grieve1973

Hope you can help,

Declared bankrupt May 2007, dischardged May 2008, being chased by an agency collecting outstanding bill from Orange (Wanadoo) dated back to Aug 2006, Orange or this collection company can not supply statement of account showing where amount has originated from as it is almost 3 years old.

My argument is if i owed this sum back in 2006 and they chased for settlement at the time or if i disputed it would this not be cleared when i went bankrupt in 2007, can they chase me after 3 years even though i have never been off the electral roll and therefore taken Orange 3 years to realise their was an amount outstanding?

Any advise would be appreciated?

illyonka

CCCS_Amanda wrote: »

Hi illyonka,

You are probably best to take some legal advice from either your solicitor or you could contact Community Legal Advice (CLA) on 0845 345 4345. CLA also have a website - http://www.communitylegaladvice.org.uk/

I hope that this helps.

Kind regards,
Amanda

Hi Amanda

...and thanks for your reply.

I am not sure if there is a service of this kind for N Ireland?

Unfortunately things seem to be at a standstill and no-one seems interested in the hardship and heartache this further hold-up is causing. Letters are passing between my solicitor and accountancy firm...no doubt at my expense!

I am beginning to wonder if the accountancy firm handling my ex's bankrupcy have maybe realised that I cannot hold on much longer and are hoping that there will be more money out of this for them if they stall it even further! Why else would they sit on this for 5 months!

Apologies for rant...no-one else is listening.
At least it is only bricks and mortar...

porkpie1981

Hi i have just made my 1st payment of £100 to the cccs for a dmp. They did say at the start to go bankrupt but im trying this 1st. Tbh we are still struggling to survive as only on benefits.

If i was to go bankrupt i was reading that they look back into ur bank statements for 1 year. The thing i am worried about is i sell on ebay and they will see paypal amounts going into my account, I only sell the houses used stuff but then i also bought quite a bit also. Will i get in trouble for this as in can they say that the money i made selling stuff should have been used to pay debts rather than buy more? basically this is the main problem i have for being in this bother eg overspending even when i knew i was in a mess???????????????????????????????????????

pleasegivekarenadvice

dimp81 wrote: »

hi all wondered if possible someone could answer a question just applying for a dro order can you put down social loan fund debt and overpayment of tax credits

you cant put down overpayments of tax credits. Not sure about DWP loans. I have just suppoted someone with a DRO. You can lower repayments both though...Do you common financial statement before you submit DRO so the can see you cant afford original repayments.you can do this over the phone but make sure you include absolutely everything....like pet food and insurance.dont agree to a repayment you cant afford.
Good luck.

danielc

Hi,
I am a member of a professional body and if I were to become bankrupt would lose my job, so I really want to avoid this.

Over the past few years I have invested heavilly in a number of properties both private and buy to lets. Almost all are in negative equity. I am struggling to meet the interest repayments and have started using credit cards to do so. I know this cant go on much longer. The stress is getting to me now.

Could i simply hand back all the keys (voluntary re-possession) without the mortgage companies bankrupting me for the shortfall? If so what would be the consequences both on my salary and would my employer be able to find out?

Thanks for reading
Dan.

doc_h

Hi there,
I have lasted week filed for bankruptcy, in my debts I had to include my electricity bill with British Gas (£870) what do you recommend I do, I have not contacted them yet, I imagine the OR will do it too, but what should I do? Find another utilities company and move or will BG want to put a slot meter on my house?
Any suggestions will be greatfully received !

CCCS_Alan

dottypops wrote: »

Hi – I have just received eviction notice from my mortg provider . They have given me just 7 days!
I have filed my forms with the AIB in Scotland to petition my sequestration as I have a charging order from the council for CT Arrears. I have also secured a rented home for me the Kids and OH.

What I would like to know is why only 7days – the decree was granted early June and I was never notified. Should this be the case? I wasn’t notified by anyone –( in fact I have a letter dated 14 July from the mort people advising me that they were unable to change the terms of my mortgage and that I must pay the arrears - which they were advised I couldn’t do - and no mention of anything about a decree being issued).

When speaking with the mortg company they basically said that the problem may have been that the postal copy of the decree was marked ‘gone away’ and that this has instigated the eviction notice process! Funny how my charge from the council was posted thru the door as I was not in and a copy sent in the post. Also funny that I get every other debt letter /notice/ bill also thru my letterbox but a very important document like that does not – very strange!!!

The mortgage person then called the solicitors and reported back to me that the solicitors had advised her that they had instructed the Sherriff Officer to pass the decree on??
I further advised the mortg company that I have never received any instruction from the Sherriff officers who’s name was new to me. Never heard of them before!
I tried to contact the solicitors on the mort comp advise – but 3.30pm she had left for the evening and is not around till Tuesday – no-one else could deal with it!!

I know the inevitable has to happen, but I was assuming I would have a bit more time to remove my stuff!!

Hi Dottypops

I have forwarded your question onto our Glasgow Counsellors so we will post a reply once we have an answer for you.

Regards

CCCS_Alan

CCCS_Sue

dottypops wrote: »

Hi – I have just received eviction notice from my mortg provider . They have given me just 7 days!
I have filed my forms with the AIB in Scotland to petition my sequestration as I have a charging order from the council for CT Arrears. I have also secured a rented home for me the Kids and OH.

What I would like to know is why only 7days – the decree was granted early June and I was never notified. Should this be the case? I wasn’t notified by anyone –( in fact I have a letter dated 14 July from the mort people advising me that they were unable to change the terms of my mortgage and that I must pay the arrears - which they were advised I couldn’t do - and no mention of anything about a decree being issued).

When speaking with the mortg company they basically said that the problem may have been that the postal copy of the decree was marked ‘gone away’ and that this has instigated the eviction notice process! Funny how my charge from the council was posted thru the door as I was not in and a copy sent in the post. Also funny that I get every other debt letter /notice/ bill also thru my letterbox but a very important document like that does not – very strange!!!

The mortgage person then called the solicitors and reported back to me that the solicitors had advised her that they had instructed the Sherriff Officer to pass the decree on??
I further advised the mortg company that I have never received any instruction from the Sherriff officers who’s name was new to me. Never heard of them before!
I tried to contact the solicitors on the mort comp advise – but 3.30pm she had left for the evening and is not around till Tuesday – no-one else could deal with it!!

I know the inevitable has to happen, but I was assuming I would have a bit more time to remove my stuff!!

Hi dottypops and thank you for your message

This is a difficult one! Basically, you would need to go to the Solicitors acting on behalf of the lender to dispute that the Decree was not received.
However, unless you can pay the arrears or the lender is agreeable to an arrangement being made there really isn't a lot that you can do.

You could also contact a Solicitor of your own to request if they are able to postpone or suspend the repossession to give time to pay under the Mortgage Rights (Scotland) Act 2001.
There may be a charge for this by the Solicitors unless you qualify for legal aid. The solicitor may also recommend considering a 'Reponing Note' as you were not in attendance at court when the Decree was granted, but you need to advise why you were not in attendance. These options are not defences but merely tools which you could consider using in order to postpone the repossession date to allow you time to pay the arrears. A solicitor will be able to give you a lot more advice on which is the best or only route available to you.

With regards to removing your belongings from the property, the lender should be agreeable to allowing you access with the lenders representative in attendance after the repossession has taken place. This would need to be arranged either through the Solicitor or the lender direct and it would be at a time suitable for the representative. The time scale for the repossession date, 7 days, doesn't seem very long. However, this could be because, as you have indicated, the Decree was returned 'Gone Away'.

Hope this helps.

CCCS_Sue