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Ask a CCCS counsellor a bankruptcy question

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  • I was made bankrupt in september 2005. I sent a letter to GMAC asking them to update my credit file as it was still showing the car loan I had as defaulted. They have written back to me and said "there is no legal obligation for a creditor to mark a file as settled/satisfied if no settlement is received" Is this correct? My balance is showing as defaulted in june 2005.

    Adam
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    newby85 wrote: »
    I was made bankrupt in september 2005. I sent a letter to GMAC asking them to update my credit file as it was still showing the car loan I had as defaulted. They have written back to me and said "there is no legal obligation for a creditor to mark a file as settled/satisfied if no settlement is received" Is this correct? My balance is showing as defaulted in june 2005.

    Nonsense.

    See: Credit Reference File Clean Up Post Bankruptcy
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Hi there,

    My partner is going bankrupt tomorrow, he has an interest only mortgage (in his name only) on our house, and has so far missed one payment on this, however we do not want to keep the house and have arranged to move into a rented property at the beginning of Feb. There is no equity in the house, possibly even negative. Will the OR frown upon us leaving it and moving into the rented one?
    Also we have a car on HP, worth around £5000 and costing us £180 a month, going down to £145 in april, my partner needs this to get to work as its in the middle of nowhere and to get public transport and taxis would cost £800+ a month, is there any possibility of keeping the car?

    Thank you.
    Thank you to everyone that contributes on these pages!:beer:

  • Barn31
    Barn31 Posts: 13 Forumite
    Can anyone who has been through declaring themselves bankrupt recently give me some advice?

    Have decided to go BR and have all the forms, just about to fill them all in. But three things I am not sure about, so any help gladly received!

    (1) When I have filled the forms in, do I just take them down to the court, or do I need to ring them and make an appointment?

    (2) Have read the forum posts about bank accounts after you are declared bankrupt and looks like I can get a Co-Op cashminder account. But when should I open this - is it after I have been to the court, or do I have to wait until I have spoken to the OR?

    (3) One more thing - I get Child Benefit and Child Tax Credit - what should I do to make sure that these do NOT go to mu current current account, as obviously I would not receive the money (the OR would get it instead), before my new account is open?

    New on this forum, so any help much appreciated!
  • philnicandamy
    philnicandamy Posts: 15,685 Forumite
    10,000 Posts Combo Breaker
    edited 18 January 2010 at 12:50PM
    Barn31 wrote: »
    Can anyone who has been through declaring themselves bankrupt recently give me some advice?

    Have decided to go BR and have all the forms, just about to fill them all in. But three things I am not sure about, so any help gladly received!

    (1) When I have filled the forms in, do I just take them down to the court, or do I need to ring them and make an appointment? ring your local court 1st may be appts they may offer a walk in service

    http://www.hmcourts-service.gov.uk/HMCSCourtFinder/SearchList.do

    (2) Have read the forum posts about bank accounts after you are declared bankrupt and looks like I can get a Co-Op cashminder account. But when should I open this - is it after I have been to the court, or do I have to wait until I have spoken to the OR? you can open beforehand but you will have to mention it on the forms and let the receivers know..as its a basic account the co-op offer you should be fine

    (3) One more thing - I get Child Benefit and Child Tax Credit - what should I do to make sure that these do NOT go to mu current current account, as obviously I would not receive the money (the OR would get it instead), before my new account is open? if you can get an account opened quick enough then fine...if not let the benefits agency know and as a one off they can issue a cheque/Giro

    New on this forum, so any help much appreciated!


    hope that helps :D
    We all die. The goal isn't to live forever, the goal is to create something that will
  • hi i'm going bankrupt in 4 weeks time one of my major creditors is 2 bank loans from my Bank which is Barclays Bank.I had a temorary agreement with them to pay a reduced amount whilel i got advice from CCCS but now I've had a letter from them saying that the Finance Department will be in touch to sort out a more permanent arrangement. Is it ok to tell them that i am going Bankrupt? I have opened a new account with The Cooperative bank, and have cancelled all my direct debits with Barclays
    apart for the 2 that pay my laons with them.
    thanks Sam
  • Barn31
    Barn31 Posts: 13 Forumite
    Hi Philnicandamy

    That looks fine - many thanks for your help!

    BTW it looks like getting a mortgage after discharge from bankruptcy is a bit of a minefield, to put it lightly! But it's best to get the current problem dealt with and then make plane for the future, isn't it? No point in trying to run before you can walk!

    Spoke to the local court and they do offer a walk-in service, so that's one less thing to worry about.
  • leahceri
    leahceri Posts: 34 Forumite
    hello
    I have been advised by the CAB to apply for bankruptcy. However, I am worried that I applied for catalogue items in December on buy now pay 2011 that they may think that i was trying to avoid paying or defrauding them,
    Can you please help me with this?
    Pat
  • philnicandamy
    philnicandamy Posts: 15,685 Forumite
    10,000 Posts Combo Breaker
    Barn31 wrote: »
    Hi Philnicandamy

    That looks fine - many thanks for your help!

    BTW it looks like getting a mortgage after discharge from bankruptcy is a bit of a minefield, to put it lightly! But it's best to get the current problem dealt with and then make plane for the future, isn't it? No point in trying to run before you can walk!

    Spoke to the local court and they do offer a walk-in service, so that's one less thing to worry about.

    Glad I could help....good luck with everything & remember we're here if you need a hand :D
    We all die. The goal isn't to live forever, the goal is to create something that will
  • thanks!!!!!!!!!!!!!!!
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