Provident

skibadee

I'm going BR on 18th September.
Does anyone know if you can include Provident in your BR?
The reason I ask is because of the part on Provident agreement you have to sign form which states....''I confirm that I have thought about my finances etc.,...I confirm that I am not currently in receipt of, nor thinking about seeking advice or assistance regarding debt re-structuring from any body, business or agency involved in the provision of debt-management advice ''???????

miss_spooky

Hi Skibadee,

Do you mean Provident Personal Credit - doorstep people? If so, I can see no reason why not. I put them into mine, phoned them up to notify them (or rather their sols acting) and they were fine.

MS

skibadee

Thanks miss spooky......was a bit wary cos of that bit on agreement.

pmg19680

Hiya skibadee,
Yes you can include provident. I included greenwoods who are on the same parr.
Unfortunately though they are like a dog with a bone. They completely ignore BR notifications and any other correspondence and continue to hound you with letters mainly saying that "it's not too late to pay, if you pay something now we will not enforce charges" etc etc etc:rolleyes:
I usually photocopy each letter, send to the OR and then into the shredder as that is my best filing system
Good luck with everything

Bankruptcy09

Anything BEFORE the date of the bankruptcy order will be included in the order. There are very few debts what are exempt. E.g. Student Loans and Police Court Fines.

However, please note that anything after the date of the order, e.g. council tax, rent water, you have to pay as normal. However if you have a debt with these, it will be included in the order. Example, Mrs Bloggs had a debt with Council Tac for £1000 from 1 June. This would be included in the order, council tax would then be charged from 2 June onwards as usual.

It seems to be a usual practise that some bankrupts believe that you don't have to pay council tax, water eg for the year! I work for a Insolvency Company and the above it common !

fiveyearplan

Bankruptcy09 wrote: »

It seems to be a usual practise that some bankrupts believe that you don't have to pay council tax, water eg for the year! I work for a Insolvency Company and the above it common !

I haven't come across many BRs who don't think they need to pay their council tax for the whole year but I do hear of many councils who think they are above BR laws and still chase people for arrears to the point of starting court proceedings.

debt_doctor

Bankruptcy09 wrote: »

It seems to be a usual practise that some bankrupts believe that you don't have to pay council tax, water eg for the year! I work for a Insolvency Company and the above it common !

....and in some cases with council tax, and always with water ( if they are billed in advance as per normal) those bankrupts are quite right !



40.101 Council Tax
Each District Borough Council levies and collects a tax, called a council tax which is payable in respect of dwellings in its area. The occupiers of the dwellings have joint and several liability for council tax.
Council tax is charged on a yearly basis from 1 April each year URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#3"]Note 3[/URL but the liability to pay council tax is determined on a daily basis URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#4"]Note 4[/URL. The billing authority is required to make a demand for payment of the council tax separate to the notification of the amount of council tax and the tax becomes due when that demand is made but most council tax payers agree a statutory monthly payment scheme for payment of council tax URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#5"]Note 5[/URL.
Any amount due and unpaid under the instalment agreement prior to the insolvency order is an unsecured debt in the proceedings URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#6"]Note 6[/URL. If the bankrupt's council tax is up to date under the instalment agreement at the date of the bankruptcy order, no amount is provable in the bankruptcy as it relates to future occupation of the dwelling. Where a liability order has been obtained by the council, prior to the bankruptcy order being made the whole debt as notified within the liability order becomes due and it is therefore a provable debt as defined in paragraph 40.12.


....and ......




40.100A Water rates – where annual advanced charges apply
(June 2008)
Where water is supplied under a charges scheme that is rate-based rather than metered, the charges scheme may provide that any standing charges are due and payable in advance, generally on 1 April each year. Therefore, the whole of that year’s charge, or unpaid balance at the date of the winding-up order or bankruptcy order, may be claimed in the proceedings, in addition to any arrears from previous periods. As the whole debt becomes due prior to the insolvency, it is a provable debt as defined in paragraph 40.12.
Thus, in these circumstances, if a charge of £240 for water services made on a consumer is payable in full on 1 April 2008, and monthly payments of £20 are made on that day and on 1 May 2008, then a bankruptcy order is made against the consumer on 1 June 2008, the claim in the bankruptcy would be £200 (£240 - £40).
The water company cannot take steps to recover the balance of the debt, or to seek payment from a bankrupt for the continuing supply of water for the period covered by the pre bankruptcy advance charge. The water company can begin charging again on the 1 April following the making of the bankruptcy order for charges due on that date in advance for the following year but not the arrears. This should be taken into account by the official receiver in a bankruptcy when considering expenditure in the assessment of contributions to be made under an income payments order.

DD