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Ask a CCCS counsellor a bankruptcy question

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  • CCCS_Sarah
    CCCS_Sarah Posts: 1,555 Organisation Representative
    LouR wrote: »
    I din't get my questions answered but thanks none the less. I think maybe bancrupty will be the best option as perhaps I will be taken to court before the DRO takes affect, not to mention the time Experian will take.

    Does anyone have experience with my above questions? I have no proof of income for CCCS And I'm not even receiving benefits yet and I'm just living on handouts.

    Also, my original debt was £12000 but I've paid of most and only owe £4000 for one of the debts.. do I list the original £12000 or the £4000 as Experian will probably show the £12000, right?

    I strongly suggest those that fit the criteria for a DRO not to get your hopes up as there's many hoops to jump through which I'm sure the goverment made on purpose. I'm not prepared to pay £90 of borrowed money (that could go to my debts) just for a chance of 18 weeks down the line being refused.

    Just my opinion.

    Hi Lou,

    Thank you for your reply.

    Just doubled checked your questions and the answers you were given and they seem to answer the questions asked – did we miss something out? If so, I’m happy to answer them for you??

    If you have recently paid a lump sum off your debts then the Insolvency Service will need to know about this.

    What’s happening with your situation? Are you not eligible for any benefits?

    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.
  • CCCS_Sarah
    CCCS_Sarah Posts: 1,555 Organisation Representative
    LouR wrote: »
    I think maybe bancrupty will be the best option as perhaps I will be taken to court before the DRO takes affect, not to mention the time Experian will take.
    /QUOTE]

    If you are taken to court before you apply, this would be for a county court judgment and then this would also be included in Bankruptcy and a DRO. Or if you chose not to go down the insolvency route then you could apply for an Admin Order along with a composition order as your debts are below £5000.
    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.
  • CCCS_Sarah
    CCCS_Sarah Posts: 1,555 Organisation Representative
    barbs5491 wrote: »
    I went bankrupt 2000, was discharged 2002, but the credit ref agencies still have it on my records and its preventing me getting a bank account (they say due to my insolvancy) I cannot afford to pay to get copies of my discharge , but have a letter from the Court stating I was discharged in 2002. This obviously is not sufficient proof for NatWest . I applied for a basic step account , dont want visa, overdraft or loans, but after them taking 6 weeks, they declined my application. What can I do please?

    Hello,

    I have attached a link to a booklet that explains about what happens after bankruptcy, a discharge certificate is £60.

    http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/Whenwillmybankruptcyend.pdf

    If you are having problems with Natwest then you could try another bank, I have attached a link to basic bank accounts for you to read through.

    http://www.moneymadeclear.fsa.gov.uk/pdfs/bank_accounts.pdf

    Hope you get this sorted

    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.
  • philnicandamy
    philnicandamy Posts: 15,685 Forumite
    10,000 Posts Combo Breaker
    Discharge Cert is usually £60 at the court you petitioned...BUT if on certain benefits you can get for free
    We all die. The goal isn't to live forever, the goal is to create something that will
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    barbs5491 wrote: »
    I went bankrupt 2000, was discharged 2002, but the credit ref agencies still have it on my records and its preventing me getting a bank account (they say due to my insolvancy) I cannot afford to pay to get copies of my discharge , but have a letter from the Court stating I was discharged in 2002. This obviously is not sufficient proof for NatWest . I applied for a basic step account , dont want visa, overdraft or loans, but after them taking 6 weeks, they declined my application. What can I do please?

    Check your credit reports yourself.

    The bankruptcy should not now be on there if it was 2002. If for some odd reason it is, then you need to query that with the agency.

    I suppose it's also possible some accounts that should have been covered by the BR still show. If so, then you need to get them sorted out as well, as they should also be gone.

    See: http://forums.moneysavingexpert.com/showthread.html?t=677875
    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
  • robbond55
    robbond55 Posts: 82 Forumite
    Part of the Furniture Combo Breaker
    Hi there.
    I am in the process of getting things together to go bankrupt.
    However, I was overpaid £566 in Housing benefit from my previous local authority which I appealed as it was their error but it was turned down.
    I have since moved and am in another local authority area who now pay my housing benefit instead and was wondering if the amount outstanding can be included on my bankruptcy petition?
    Any help would be greatly appreciated.
    Regards,
    Rob
  • CCCS_Sarah
    CCCS_Sarah Posts: 1,555 Organisation Representative
    robbond55 wrote: »
    Hi there.
    I am in the process of getting things together to go bankrupt.
    However, I was overpaid £566 in Housing benefit from my previous local authority which I appealed as it was their error but it was turned down.
    I have since moved and am in another local authority area who now pay my housing benefit instead and was wondering if the amount outstanding can be included on my bankruptcy petition?
    Any help would be greatly appreciated.
    Regards,
    Rob

    Hi Rob, It would be able to be included.

    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.
  • Falze
    Falze Posts: 872 Forumite
    Hi,

    I am in the process of getting the money together to go BR and we have found a lovely rental for me, my partner and our 2 girls. Both of us are needing to declare BR.

    We currently own our home, but the mortgage and 2 secured debts on the house (plus our unsecured) are crippling us and we have decided (with advise) to move out and rent.

    The property is in neg equity, so I understand that any mortgage / secured loan shortfall will be covered by BR.

    The rental is available from the 25th May'10.

    Do we petition for BR before we move out or after we move out ? Does it make a difference ? What is the best way to do this ? Pro's and con's wise.

    Any advise would be apprecaited.
    I'm no expert, but i'll give you my opinion, my support and my experience. Its all i have.


    Delcared BR 28th May'10 - Married 30th April'11 - Auto Discharged 28th May'11 - Life Changing
  • robbond55
    robbond55 Posts: 82 Forumite
    Part of the Furniture Combo Breaker
    CCCS_Sarah,
    Many thanks for your reply - very much appreciated and very happy that the answer is yes!
  • Hi back again. I contacted experian and equifax, both said my insolvancy was removed automaticaly after years as you said, however, I had applied online to Natwest, and in answer to one of the questions--have you ever been bankrupt I was honest and said yes! Experian said I should not have disclosed this information as it had been discharged. NatWest have obviously red flagged this information in some way, and THATS why the Co Op bank declined me today! Experian are annoyed to say the least that their name is being bandied about when its nothing to do with them, and have advised me to appeal their decision stating they were wrong to use the information as it was discharged 8 years ago, and no longer relavent. If they still refuse me an account, where do I go from there?
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