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Ask a CCCS counsellor a bankruptcy question

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  • saf1976
    saf1976 Posts: 46 Forumite
    CCCS_Sarah wrote: »
    Hi Saf,

    If you’re no longer using that mobile then the debt would also be included in your bankruptcy.

    Sarah

    thanks for the reply Sarah

    as mentioned I have sold the actual mobile that I received as part of the contract so will be unable to hand that back in. all i do is use the sim in an old mobile from a previous contract.

    what happens in this instance?
  • SammyB_2
    SammyB_2 Posts: 41 Forumite
    CCCS_Sarah wrote: »
    Hi Sam,

    Sue has answered on the other thread for you, let me know if you have any other questions.

    Sarah

    Thank you. That is bad news but I guess it is my own fault. Would I be allowed to put a small amount in their savings account each month to try to repay it?
  • CCCS_Sarah
    CCCS_Sarah Posts: 1,555 Organisation Representative
    Katz wrote: »
    Hello, after sticking my head in the sand for a while i contacted cccs and online we did the calculations. My remedy came back as going for bankruptcy (in scotland).

    1) the lady i did my calculations with said i cant include council tax debts?, i dont know if that just applies to england?

    2) we as a family are living off the child benefit and tax credits which are paid into my bank account. Would i lose this account? because if i do i dont know how i will manage to keep the house going.

    3) will i have to attend a court hearing?

    Thanks in advance

    1) Your council tax arrears would be included in any bankruptcy - BUT your ongoing council tax liabilities would need to still be paid by her. Bankruptcy is difficult in Scotland as unless you meet the LILA (low income/low assets) form of bankruptcy and it is appropriate - then you would need to have the correct criteria to allow you to petition for your own bankruptcy i.e. apparent insolvency.

    2) If bankruptcy is your most realistic option, yes, your bank account would be frozen, however if you do not have any debt with that bank then they MAY still allow you to use it.

    3) If bankruptcy is your best option- Yes

    I would recommend that you call for an appointment so your counsellor can talk through your options in detail with you. If you would like to book an appointment please call 0800 138 1111.

    Sarah
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • elfieb
    elfieb Posts: 530 Forumite
    Couple of questions regarding DRO's as I am currently waiting for my interview with the intermedary.

    1) My debts have largely, but not totally been formed due to gambling. Is this a situation that is likely to have a DRO refused?
    2)Is it the case as in bankruptcy,when the OR makes his desicion, that is it, or can creditors revoke the order?
    3) I understand that the only obvious reason for a DRO to be refused is not meeting the criteria, is this the only reason?

    Many Thanks
    I used to be Snow White, but I drifted.
    Mae West
  • Hi Guys it a while since I posted,
    I had no notification of being made BR Oct 08,until the OR sent a letter 2 weeks afterwards,
    Dec 08 I was told the bill owed £3300 VAT, their costs £2700 total £ 6,000 ,
    I went in the the O R to pay the total with all the costs £6,000 on Dec 14th 08, they said no we have to send it to a Trustee, I rang the trustee a couple of times they told me it was all procedure and the bill would not be large as they were keeping all the work to a minimum because I only had 1 creditor the VAT, and all the work had been done by the O R, March 27th had a letter telling me the total bill had gone up to £17,500 which included their costs, I rang to say it was rather alot and the lady on the other end said the longer I talk to her the higher the bill would become so I had to hang up quickly,I feel they are victomising me and milking me for more cash by the day, I have not paid any Income tax for 4 month, I have now borrowed the cash to pay the extortionate rip off, and when will the inland rev ask for the unpaid tax I hope some body can give me some advice ,because this is all very stressfull and I will still be paying the family loan back for several years
  • lino1977
    lino1977 Posts: 29 Forumite
    hi please can someone one help us on the cccs team, we were recently in an iva and that has now failed we want to contact yourselfs but currently have no home phone only have a mobile but that cost us, but we really need advice ugrently we want to go bankrupt but need ADVICE on how it work etc .................................

    PLEASE HELP !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1
  • CCCS_Sue
    CCCS_Sue Posts: 966 Organisation Representative
    elfieb wrote: »
    Couple of questions regarding DRO's as I am currently waiting for my interview with the intermedary.

    1) My debts have largely, but not totally been formed due to gambling. Is this a situation that is likely to have a DRO refused?
    2)Is it the case as in bankruptcy,when the OR makes his desicion, that is it, or can creditors revoke the order?
    3) I understand that the only obvious reason for a DRO to be refused is not meeting the criteria, is this the only reason?

    Many Thanks
    Hi elfieb and thank you for your message

    1. The court can make a restriction order,(same as considered for bankruptcy restriction orders).
    This would include if you have carried on any gambling, rash and hazardous speculation or unreasonable extravagance which can contribute to the extent of your inability to pay your debts. If a DRRO is made, restrictions will continue after the moratorium period ends and can last for between 2 and 15 years

    2.The creditor could raise an objection to the order.
    They can object to:-

    The making of a DRO,
    Inclusion in the order,
    Details of the debt specified in the order

    3.There are other reasons a DRO would be refused. There are obviously different situations, but the intermediary will discuss this further at your interview.


    Regards
    CCCS_Sue
    I am a CCCS Debt Counsellor and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on CCCS 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
  • elfieb
    elfieb Posts: 530 Forumite
    Thank you CCCS_Sue, head is certainly in a spin at the moment, and any relevent information is greatly received.
    I used to be Snow White, but I drifted.
    Mae West
  • CCCS_Sarah
    CCCS_Sarah Posts: 1,555 Organisation Representative
    lino1977 wrote: »
    hi please can someone one help us on the cccs team, we were recently in an iva and that has now failed we want to contact yourselfs but currently have no home phone only have a mobile but that cost us, but we really need advice ugrently we want to go bankrupt but need ADVICE on how it work etc .................................

    PLEASE HELP !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1


    Hi Lino,

    Our helpline number is a free phone number if you can find a pay phone. The appointments are booked at an agreed time so we would then call you back.

    If you would like an appointment please call 0800 138 1111.

    Sarah
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • lino1977
    lino1977 Posts: 29 Forumite
    hi sarah thanks for your reply got the ball in motion today went to my parents and used there phone. spoke to lovely person called debs :jhave my call back on 8th june @3.30pm very nervous just not sure what the out come is going to be. abit apprehensive if we go in dmp incase it goes on for a very long time ,as we have 2 small children and in the future would like to move when we are fincially sorted i know that sounds so wrong, sorry about that :eek:
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