Ask a CCCS counsellor a bankruptcy question

CCCS_Matthew

leahceri wrote: »

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

Hi Pat.

If you took the catalogue items out before you were advised bankruptcy then this shouldn't be an issue. It's only considered a problem when you knew you were unable to repay them. It's probably fair to say that if you didn't speak to CAB until recently that bankruptcy wasn't something you had considered.

Hope this helps,
Matthew.

CCCS_Matthew

chris2447 wrote: »

Hi,

I wonder if someone has an answer to my question, both my husband and I were declared bankrupt in November. We live with my son and daughterinlaw who are unemployed so we pay all the bills but our rental agreement is in four names.

My son informs me he has been turned down for jobs after the credit check as it shows up that someone who lives here is bankrupt.

They have applied to the council for housing but until our agreement is finished on this house they refuse to offer them anything.

The problem is we sold this house on one of the buy to rent schemes and at the end of the agreement we should get £24,000 between us. The O.R. has already told us that we will lose our half, but I would not want them to lose their share, so we cannot take there names off the temacy.

Could someone tell me is there a solution.

Christine

Hi Christine.

Your credit file is based on you alone, and is not affected by anyone else living in the property. So with this in mind your bankruptcy cannot affect your son's credit file. The only exepction were to be if you had joint debts, or joint bank accounts. In your case, the only thing I can think it would be related to would be the tenancy agreement, but it's not a form of credit as such so it's unlikely. Who actually said to your son that his credit rating has been affected by your bankruptcy?

Regards,
Matthew.

CCCS_Matthew

cp7 wrote: »

hi i'm still in dispute with this apparent overpayment of tax credits. they say i have to pay back. it was not included in my br as acc in bankruptcy said no.

1. are aib wrong to say no?

2. i was apparently given a chq for 193 tax credit while they sorted out the payments as they were slow to payout. i would have thought they would then calculate the correct payment minus this 193. it was in 2003 how am i supposed to find out what happened?

3. the second overpayment in 2004/05 apparently occurred when my daughter left school but as i told them immediately about this then within 2months i stopped working and received no wages, i cant understand how this amount could have been overpaid. they dont seem to listen to my side of things and ignore everything i write.

i'm bankrupt, living on income support and just cant afford to pay all this back. can someone please advise what i can do? please

Hi there.

The only time I've come across overpayments not being included is when they are subject to a claim of benefit fraud and have a confiscation order.

What reason did the official reciever give to say that your overpayment of tax credits cannot be included within your bankrutpcy?

Matthew.

mummy2lucas

Hi I am new here just wanted to see if someone could give me some kind of time frame from putting in forms for bankruptcy are you likley to be in court my husband is looking at begining the process as we are moving to manchester from n.ireland in april/may..
Many Thanks

chris2447

CCCS_Matthew wrote: »

Hi Christine.

Your credit file is based on you alone, and is not affected by anyone else living in the property. So with this in mind your bankruptcy cannot affect your son's credit file. The only exepction were to be if you had joint debts, or joint bank accounts. In your case, the only thing I can think it would be related to would be the tenancy agreement, but it's not a form of credit as such so it's unlikely. Who actually said to your son that his credit rating has been affected by your bankruptcy?

Regards,
Matthew.

Hi,


My son applied for a job with Lloyds Bank and he was told it was because of a bankrupt living at the premises he was turned down.

Do you think it would help if we tried to disassociate us from him? We do not have any shared debts with him it is only the tenancy agreement.

Best wishes
Christine

CCCS_Matthew

mummy2lucas wrote: »

Hi I am new here just wanted to see if someone could give me some kind of time frame from putting in forms for bankruptcy are you likley to be in court my husband is looking at begining the process as we are moving to manchester from n.ireland in april/may..
Many Thanks

Hopefully this will be discussed on your appointment, so you'll be well informed of how to fill out the forms etc.

Matthew.

CCCS_Matthew

chris2447 wrote: »

Hi,


My son applied for a job with Lloyds Bank and he was told it was because of a bankrupt living at the premises he was turned down.

Do you think it would help if we tried to disassociate us from him? We do not have any shared debts with him it is only the tenancy agreement.

Best wishes
Christine

Hi Christine.

I don't think you can apploy for a notice of disassociation if you are still living together and still both on the credit agreement.

I would be more inclined to suggest that your son challenges the decision made that he cannot work at Lloyds because someone else is bankrupt in the property. This has nothing to do with his credit file and as a result should have no bearing on such a decision.

I'm no expert when it comes to employment law but you might want to post on the employment forum on this site or see if he's entiled to any legal advice. http://www.communitylegaladvice.org.uk/

Regards,
Matthew.

TOTO_2

Hi

Im renting a new house and need a guarentor, my parents have said they will but they have been bankrupt, the lettings agent said thats ok they just need a satisfaction letter, what is that and how do they get this?

Pip2010_2

I do have a CCJ and will go BR next month would like to know if i'm still liable to pay this CCJ or if it will be included on my BR. I have been working part time but today i had to resign as my job is quite demanding (work in palliative care)and i'm a nerve wreck at the moment so is not an option to carry on doing that job .I won't be able to claim JSA for 3 months so will be looking for another job but can't afford to pay my CCJ as it is for more than £5000 well won't be able to afford anything .Can you please advise ?

EASTLAND

(I've tried sending this as a Private message but It doesn't seem to work)
Hi
My name's Chris and I've had a gambling problem for a number of years. I currently have debts of around £30,000 in the form of loans and credit cards, the majority of which I used to fund my gambling. In Jan/Feb of last year it reached the stage where I was taking out credit to cover the payments on other loans and credit cards and I couldn't meet the minimum payments. I contacted Payplan and managed to reduce my monthy payment to £350. Some creditors froze interest, some didn't.
Unfortunately, I hadn't sorted out my gambling problem and I took money from the company I worked for to use to gamble and try and clear my debts. I began taking more and more to try and gamble and replace what I had taken and it reach the stage around 10 days ago where I had stolen £45,000 and my employers found out. I am currently awaiting trial and the likely sentence is 18 months - 2 years.
I am looking at making myself Bankrupt as I am currently unable to work due to depression and anxiety and it is likely to be at least 18 months before I am able to work again. I also have no money or assets. I'm currently seeking help for my gambling problem and am totally ashamed of what I've done.
The reason for me contacting you is to find out what the implications are of both my gambling problem and the impending court case in relation to making myself bankrupt. The majority of my debt is over 12 months old apart from around £1500 in the form of payday loans which are due at the end of this month