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help - filling out forms...in Scotland

psp1234
psp1234 Posts: 32 Forumite
edited 24 July 2009 at 8:38AM in Bankruptcy & living with it
Hi,

My husband and I are both applying for bankruptcy - we live in Scotland. We are confused completing the application form.

Do we half outgoings like council tax, insurances and council tax (is in arrears)?

Also we receive tax credits in both our names...

Or do we repeat the full amounts on both our forms?

Also, when the form is complete, do we only send it to the AIB or do we have to take it to the court also?

Thanks in advance
«1

Comments

  • nervousmother
    nervousmother Posts: 2,885 Forumite
    Part of the Furniture Combo Breaker
    not sure of scotland rules but this is a little bump up for you
  • So_Sad_Angel
    So_Sad_Angel Posts: 7,363 Forumite
    Extra BUMP to bring to attention of any Scotish peeps. Maybe worth amending title to show Scotish rules.

    Good luck

    Angiex
  • psp1234 wrote: »
    Hi,

    My husband and I are both applying for bankruptcy - we live in Scotland. We are confused completing the application form.

    Do we half outgoings like council tax, insurances and council tax (is in arrears)?

    Also we receive tax credits in both our names...

    Or do we repeat the full amounts on both our forms?

    Also, when the form is complete, do we only send it to the AIB or do we have to take it to the court also?

    Thanks in advance

    If the liabilities are in joint names you would have to half them i believe

    If only in one of your names then just one of you should list them

    Tax credits you should both recieve individually i think?? so just list what each of you get

    We don't have to go to court in Scotland (alot simpler than England) just send them off to AiB with you £100 each fee and they take it from there

    If you are on tax credits are you applying via LILA??

    MBDF
    In for a penny in for a pound :j
  • psp1234
    psp1234 Posts: 32 Forumite
    Thank you!

    MBDF, you're right...

    I plucked up the courage to phone the AIB today - and they were fab! Very helpful, not judgemental at all.

    In answer to my questions - we've to half income and expenditure (where it applies) and put the full amount of any loans etc, but state they are joint.

    We get child tax credits - not working tax credits, LILA unfortunatley doesn't apply to us.

    No trips to court...

    I also asked about our car which is on HP, she said they would have no interest in that (because it's not an asset), we could keep making the payments and keep the car or we can add it to the bankruptcy. She said we can buy a car - value less than £1000 - before or after BC, it wouldn't make any difference. We would be allowed to keep a car as we have 2 young children.

    Just need to find out how to make council tax or scottish power to issue a 'Charge for Payment' or Statory Demand'. They have applied for summary warrants already...

    Hope this helps anyone else needing info! Will post more if/when I get stuck and phone AIB again!
  • Well done for calling AIB!

    I am in the same boat as you at the moment (well pretty much) I am waiting for a creditor to send me a charge for payment too. How long did it take to get the summary warrants? Plus what do they do?? Never really heard of them before.

    I need my car for being on call at work it is a HP so i don't own it either but it is quite an expensive car so not sure if i'd get to keep it. Did they mention a value?

    Sorry i have completly hijacked your thread! I have asked these questions before but not many scottish folks on here able to answer my questions

    Thanks
    MBDF
    In for a penny in for a pound :j
  • psp1234
    psp1234 Posts: 32 Forumite
    Hi,

    I think they are summary warrants - not very good with the lingo! I think it means they've been to court and applied for it, and it says they can arrest your wages etc. I'm hoping they've not missed a step and not sent either of the docs we're waiting on! I think hubbie is going to phone council today to see if/how we get one... will let you know. Scottish Power's date for court for the same thing is 29th.

    That's been about a year and a half we've not paid and same for scottish power:o

    Do you know what stage we should recieve a 'Charge for Payment' or Statory Demand'?

    She didn't mention a value for the car - but did say they wouldn't be interested in it because it wasn't an asset. Worth leaving it for now and see what they say - maybe have a back up plan just in case?

    You;re right - not much Scottish info going about - its seems to be quite a bit different to England - maybe we should jot down all our findings here?
  • Yeah it sounds good to me!

    I "think" (a very big think) a council tax arrears is the only one that would "make you bankrupt" rather than you do it on your own. Also i think they would be one of the few people able to arrest your wages. So they maybe wouldn't do the charge for payment thing.

    I'm not sure when they do it, i have seen someone say it took 14months, but don't know what they did during that time to try and get the money

    Do you have to go to court with scottish power? Don't much like the sound of that!!
    In for a penny in for a pound :j
  • dottypops
    dottypops Posts: 22 Forumite
    Hi there;

    I received a Charge of Payment yesterday due to council tax arrears; so was busy finalising my form last night! At last!!! I had been waiting for my mortgage company to repossess first!

    This has come only approx 4 weeks after approx agreeing to pay something each week and them setting up a swipecard system. I didn't pay what I was supposed to and within the timescales they set down so here we are!! Trying to get in there before they arrange to arrest my wages - help!
  • psp1234
    psp1234 Posts: 32 Forumite
    Well done Dottypops! Good luck in getting those forms away and BR sooner rather than later!

    Just wanted to ask - did you receive a summary warrant first?

    Also, MBDF, I don't have to go to court, if you google 'charges for payment' and go to the aib site, there's some useful info there (not allowed to post links yet!)

    HTH!
  • dottypops wrote: »
    Hi there;

    I received a Charge of Payment yesterday due to council tax arrears; so was busy finalising my form last night! At last!!! I had been waiting for my mortgage company to repossess first!

    This has come only approx 4 weeks after approx agreeing to pay something each week and them setting up a swipecard system. I didn't pay what I was supposed to and within the timescales they set down so here we are!! Trying to get in there before they arrange to arrest my wages - help!

    If you get your forms off then you will likely be made BR in 5 days i think the AIB website says

    How long has it taken to get the charge for payment? what actions have creditors taken in that time??
    In for a penny in for a pound :j
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