Ask a CCCS counsellor a bankruptcy question

alice43

Hi Kirstiejayne, just read your post dated 18th JAN and wondered how it all went? My OH and i are in process of filling in BR forms we have missed one month mortgage payment and have found a house to rent which will save us approx £600 a month .We plan to move mid April and were also worried how it would look us just leaving our house?

JSAisnofun

It could just be a standard letter from a debt collection company to scare you into contacting them or paying. My Wife got several letters from one such company saying the same thing and they never turned up on the dorstep.
Take it seriously and contact the company who sent the letter. Then you will know. Then you can deal with it appropriately. Remember there is no need to panic as real court cases take months to go to court.

Angel1978 wrote: »

Can somebody help me please. I'm going out of my mind with worry.

I've received a letter from ASH Process servers saying they are going to attend my old address today PM. My husband still lives there and he's worried sick about what to do. They have said they are going to serve me with a Bankruptcy Petition for a hearing on 5th May (this seems very quick to me).

My husband and I split up about 3 months ago and I moved out of the marital home to ease the strain (along with my 2 children). We have been trying to work through our problems and were just starting to get somewhere when this latest bombshell dropped on us. We don't know if the house still has my name on the mortgage (we asked for it to be removed but never had any letter through to say it had been) and it's an added stress to a marriage that I now feel is doomed to fail.

I don't know what to do. I'm scared out of my wits and don't think I can cope with anymore stress. I don't have a job, can't find a job and so therefore can't offer to pay anything. I have no clue what they are going to do or how they are going to go about it.

Somebody please help me.

JSAisnofun

DO not worry. The Card is in your name, your husband has never used his additional card, or at least has nothing outstanding. Therefore the debt on the card is totally yours and will be included in the b/r (if you told OR). If you didn't tell OR it can still be included. If the debt was incurred prior to your BR date just let OR know, and they will do the rest.
With My BR it seemed to take a month or so before my creditors stopped contacting me. I think OR is so overwhelmed at the moment that they do not complete all their paperwork and inform the creditors for a while. But once the judge has said "you are no longer responsible" and the order is in writing, I just used to fax them (my creditors) a copy of it, if they called to ask when it was going to be paid.

philnicandamy

The card however can create a financial link dont forget....

Esoog

Greetings, I have another Beneficial Interest question..

Background - partners ex-husband is going bankrupt, they have a joint mortage.

We're in the process of trying to get the BI sorted, the estate agent valuations are a bit high (not in common with local market etc, I assume they want our business thats all) and the next step might be a cheap surveyor.

If the worst comes to the worst and the OR wants say £8k to buy it off them, since they don't include any of the early repayment fees etc in their workings out. Could we try and play hardball and say "look, we're not risking you sitting on this and getting maybe £10k in 3 years time/putting a charging order on the house" so "we're going to sell now and because of the costs you won't get anything (neither would we) so I suggest you accept this £3k cash offer"?? Obviously that would be a last gasp attempt..

Also, the mortgage company has attempted to secure an unsecured loan on the house (when the now Bankrupt ex husband upped and left my partner paying everything on her own so she was late with a mortgage payment or two) - can we say "look we're not going to pay the mortage, so this unsecured loan will be secured on the house taking it into mega negative equity" / "we're not going to pay the mortgage and it'll get reposessed so I suggest you accept our offer" ? - Again these are very last options but I'm trying to get a feel for what's going to happen.

We've already spoken to the OR about the extra early fees etc and they said to us "well you aren't actually selling" which is true, but if the bank wont give me a loan to buy the BI we'd rather sell than risk losing a big fat chunk of money later if we sold it at a profit..

sarah1773

Hi
I am currently applying for a DRO - I have sent all my statements and paperwork off and am just waiting for CCCS to get back to me. One of my debts that I included was a doorstep collector (Provident). My husband has an account with these also and makes our repayments at the same time at the door. Mine didn't have very much left on it but I still told my husband only to make £1 token payment as I couldn't afford to pay any more. However, he has been paying the full amount each time out of his own money for me as he says he feels intimidated into doing so by the collector. As a result, there is not very much left to pay on my account.
My question is - what happens if that debt is paid off in full by the time the CCCS get back to me? Would I just be able to tell them to remove that creditor before completeing my DRO application? Is it going to look like I've favoured one creditor over another? As my other creditors have only been receiving £1 token payments. Hope you can help, thanks, Sarah

bevhicks77

Hi,
A few questions...If I go bankrupt can administrators take my pedigree dog? He's not been neutered so could be worth quite a bit as a stud dog.
I live with my partner in her caravan. Could the admin's take that? The debts are all mine, none in her name.
Although we live in a caravan at a site, our mail is registered to her parents house. Officially we live there. Could this affect bankruptcy proceedings?
I owe money to IR for unpaid tax. Is this included in the bankruptcy?

bernie1991_2

I am on a debt mgt plan, my creditors are happy with my repayments, can one creditor file for bankrupcy.

immoral_angeluk

bernie1991 wrote: »

I am on a debt mgt plan, my creditors are happy with my repayments, can one creditor file for bankrupcy.

Yes if you owe over £750 and have defaulted on payments, but it's unusual if very rare unless the creditor is the Inland revenue or the council.

CCCS_Matthew

underfire wrote: »

I declared sole BR on 26th Feb 09. Everything was going fine and the OR didn’t even want to interview me at present. That I know could change.

My Husband and I have all our finances separate apart from one (could be fatal thing) I overlooked. To be honest I completely forgot about. Although I had all my cards in my name only I had my Husband as a ADDITIONAL CARDHOLDER! Have I just screwed him? It would be fatal for his work if I have as he’s a Company Director. I’m really scared I have just completely messed up his Life. I totally forgot about it because although he has his own card on my account he has NEVER used it and never signed an agreement with them.

Last night (I don’t answer my phone) MBNA called his phone spoke to him about a card he obviously didn’t recognise and then asked for me. How bloody dare they, I am fuming! Are they really allowed to do this?

Surely my Husband is not liable for my debts in this way?

Please help and reply soon I am going out of my mind with worry. My Husband is obviously a bit worried too.

Hi there.

If your husband was a secondary card holder then he would not be responsible for any of the balance. Being a cardholder is not the same has having a joint agreement, which means the debt is not classed as joint and severally liability - so your husband would not need to pay. It's hard to say why MBNA would have called your husband, it may have been due to them wanting him to send the card back now that the account has been terminated due to your bankrutpcy?

The only thing your husband may want to consider (after sending the card back) is to request a Notice of Disassociation from one of the credit reference agencies, as the card he held may have caused a financial link between the two of you. Now that you've gone bankrupt, this link may start to have an impact on his credit worthiness so it's worth breaking the link in order to prevent your bankruptcy having any gurther impact.

Hope this helps,
Matthew.