Pre Bankruptcy Advice - Fees etc

mrsfruit

Hi All,

Following my husbands bankruptcy 18 months ago, I am now being chased by a creditor whom I was jointly named on a loan and overdraft facility.

My husband has been discharged and is now starting to build a business again though has only been trading 2 months.

I personally do not work as we have two young children and only receive benefit income.

I would be greatful if someone could help with the following questions:

As I am only on benefits can i get a reduction in the fees for declaring myself bankrupt...?

We currently have a joint account where all our direct debits etc come out of and have had numerous issues over the last 18 months sorting these out. I am considering removing myself from this account prior to declaring myself bankrupt (there is no spare cash in there) basically to prevent the account being frozen... should this be OK.??

I have received a court notice from the lender giving me 14 days to respond so i guess i need to get on with this quickly?/

Finally although my husband has been discharged he has not yet bought the benficial interest from the official receiver - should we submit this prior to me declaring myself bankrupt.??

Any advice is greatly appreciated.

Many thanks

Mrs Fruit

dalip

Hi Mrs Fruit

I am almost certain if you are just on benefits you should get reduced fees. You have to take any confirmation of receiving benefits and it has to be for the said month that you go bc.I think they will sometimes accept bank statements showing benefits being paid in but please don't quote me on that.

As far as taking your name off the joint account,it would fine as long as you don't owe them any money. You may both have to go into your local branch with ID to do it. I took my name off our joint account with abbey and had no problems whatsoever.
Dx

mrsfruit

Thankyou for the quick reply - do you think it would be an issue re my husband not having cleared his beneficial interst yet (it is only a £) I think he had it in mind that if i went bankrupt too we would only end up paying one set of legal fees but i'm not sure if this is the case or not....

antarctica

you'll get the £150 court fees off but it will still cost you £360 as it did us, each!

mrsfruit

Thanks antartica - makes things a little more pallatable.

What do you think about the benficial interest? should my husband submit his cheque prior to me delcaring myself bankrupt or would it not make any difference - we are just terrified of losing the houe - though it is in negative equity.

antarctica

I'm afraid I don't know anything about BI, I am sure someone will be along in a bit to help.

Make sure you bring proof of your benefits and fill in the EX160 form before you go to court (it's on the insolvency website)

mrsfruit

thanks again.