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Can people clarify this for me?

Sammy3008
Sammy3008 Posts: 323 Forumite
edited 26 August 2009 at 4:12PM in Bankruptcy & living with it
SOA Added below.

Ok, I have just spoken to the Debt Management Company we are with, went through our expenditure again with them, i.e, groceries, insurance, excluding repayments of debts, and they are saying we wouldn't be accepted to go BR, as we have enough surplus income :confused:

Will the OR take into account what our outgoings are 'without paying the debts and paying the debt management as we are currently doing, or do they take into consideration what we 'would' be paying out if we were paying our creditors?

Again thanks.
«134567

Comments

  • philnicandamy
    philnicandamy Posts: 15,685 Forumite
    10,000 Posts Combo Breaker
    They'll usually take into account what you spend without any debt repayment
    We all die. The goal isn't to live forever, the goal is to create something that will
  • Sammy3008
    Sammy3008 Posts: 323 Forumite
    They'll usually take into account what you spend without any debt repayment

    Well maybe BR wouldn't work for us then, as without payments being made to our creditors, and just on DH income, there is around £560 surplus.

    If we were having to repay the creditors, there would be £-70 so no surplus at all, thats including benefits we get.

    Looks like we're stuck in this mess then for a while, as to repay our creditors what we were paying it would be an etc £818.00 a month on top of £996.58 we currently pay out, however this excludes groceries etc
  • MicheH
    MicheH Posts: 2,631 Forumite
    I'm not very clued up on this but that's a big surplus I guess. Could you not try a different route. BR is major major :(
  • philnicandamy
    philnicandamy Posts: 15,685 Forumite
    10,000 Posts Combo Breaker
    edited 26 August 2009 at 3:47PM
    It IS a large surplus & the OR would take a percentage of this IF you decided on bankruptcy..although I have seen people in the past go BR with similar surplus....have you had some professional advice??

    this is a rough idea of what the OR would take from your surplus...and that would be for a total of 3yrs....or until your surplus ever dropped below £99 a month after living expenses

    IPATable-small.gif

    can you not post up an SOA here & we'll see if we can help?
    We all die. The goal isn't to live forever, the goal is to create something that will
  • Sammy3008
    Sammy3008 Posts: 323 Forumite
    edited 26 August 2009 at 3:49PM
    It IS a large surplus & the OR would take a percentage of this IF you decided on bankruptcy..although I have seen people in the past go BR with similar surplus....have you had some professional advice??

    this is a rough idea of what the OR would take from your surplus...and that would be for a total of 3yrs....or until your surplus dropped below £99

    IPATable-small.gif

    can you not post up an SOA here & we'll see if we can help?

    Just going to do another one now :)
    Have had advice on here, and over the phone, could really do with someone to come out and sit with us to work out finances etc.
  • MicheH
    MicheH Posts: 2,631 Forumite
    Sammy3008 wrote: »
    Well maybe BR wouldn't work for us then, as without payments being made to our creditors, and just on DH income, there is around £560 surplus.

    If we were having to repay the creditors, there would be £-70 so no surplus at all, thats including benefits we get.

    Am I reading correct that the £560 surplus is without adding benefits? Would your surplus be higher adding in benefits?

    You would lose a high proportion of your surplus to the OR for 36 months I think
  • MicheH
    MicheH Posts: 2,631 Forumite
    Phil you're good at this, i'm still learning!
  • Sammy3008
    Sammy3008 Posts: 323 Forumite
    MicheH wrote: »
    Am I reading correct that the £560 surplus is without adding benefits? Would your surplus be higher adding in benefits?

    You would lose a high proportion of your surplus to the OR for 36 months I think

    I didn't think benefits were included?

    Here's our SOA:

    Household Information[/b]
    Number of adults in household........... 2
    Number of children in household......... 2
    Number of cars owned.................... 1
    Monthly Income Details[/b]
    Monthly income after tax................ 1662
    Partners monthly income after tax....... 0
    Benefits................................ 723 DLA for son, Child Benefit, Tax Credits.
    Other income............................ 0
    Total monthly income.................... 2385

    Monthly Expense Details
    Mortgage................................ 0
    Secured/HP loan repayments.............. 0
    Rent.................................... 0
    Management charge (leasehold property).. 0
    Council tax............................. 86
    Electricity............................. 35
    Gas..................................... 58
    Oil..................................... 0
    Water rates............................. 32
    Telephone (land line)................... 27
    Mobile phone............................ 15
    TV Licence.............................. 12
    Satellite/Cable TV...................... 30
    Internet Services....................... 10
    Groceries etc. ......................... 450
    Clothing................................ 40
    Petrol/diesel........................... 130
    Road tax................................ 0
    Car Insurance........................... 30
    Car maintenance (including MOT)......... 10
    Car parking............................. 5
    Other travel............................ 9
    Childcare/nursery....................... 0
    Other child related expenses............ 35
    Medical (prescriptions, dentist etc).... 14
    Pet insurance/vet bills................. 0
    Buildings insurance..................... 10
    Contents insurance...................... 10
    Life assurance ......................... 0
    Other insurance......................... 0
    Presents (birthday, christmas etc)...... 20
    Haircuts................................ 15
    Entertainment........................... 10
    Holiday................................. 10
    Emergency fund.......................... 5
    DMP..................................... 150
    School Trips............................ 5
    Total monthly expenses.................. 1263

    Assets
    Cash.................................... 1000
    House value (Gross)..................... 69000
    Shares and bonds........................ 0
    Car(s).................................. 3500
    Other assets............................ 0
    Total Assets............................ 73500

    Secured & HP Debts
    Description....................Debt......Monthly...APR
    Mortgage...................... 79028....(0)........0
    Total secured & HP debts...... 79028.....-.........-
    Unsecured Debts
    Description....................Debt......Monthly...APR
    Credit Card....................3800......50........0
    Unsecured Loan.................23800.....156.......6.49
    Unsecured Loan.................13500.....202.......0
    Loan...........................9500......198.......0
    Loan...........................14000.....110.......0
    Loan...........................10000.....102.......0
    Overdraft......................2560......0.........0
    Total unsecured debts..........77160.....818.......-

    Monthly Budget Summary
    Total monthly income.................... 2,385
    Expenses (including HP & secured debts). 1,263
    Available for debt repayments........... 1,122
    Monthly UNsecured debt repayments....... 818
    Amount left after debt repayments....... 304

    Personal Balance Sheet Summary
    Total assets (things you own)........... 73,500
    Total HP & Secured debt................. -79,028
    Total Unsecured debt.................... -77,160
    Net Assets.............................. -82,688

    Also forgot to add a debt on there, that we have well until our 12 weeks in October are up which is £1752.00 for estate agent, plus any shortfall we will end up with on this house.
  • dalip
    dalip Posts: 7,045 Forumite
    Sammy3008 wrote: »
    I didn't think benefits were included?

    Here's our SOA:

    Household Information[/b]
    Number of adults in household........... 2
    Number of children in household......... 2
    Number of cars owned.................... 1
    Monthly Income Details[/b]
    Monthly income after tax................ 1662
    Partners monthly income after tax....... 0
    Benefits................................ 723 DLA for son, Child Benefit, Tax Credits.
    Other income............................ 0
    Total monthly income.................... 2385

    Monthly Expense Details
    Mortgage................................ 0?
    Secured/HP loan repayments.............. 0
    Rent.................................... 0?
    Management charge (leasehold property).. 0
    Council tax............................. 86
    Electricity............................. 35£60
    Gas..................................... 58
    Oil..................................... 0
    Water rates............................. 32
    Telephone (land line)................... 27£40
    Mobile phone............................ 15£20
    TV Licence.............................. 12
    Satellite/Cable TV...................... 30not allowed
    Internet Services....................... 10would need to prove it is needed for work or it would be dissallowed
    Groceries etc. ......................... 450£550-£600
    Clothing................................ 40£120
    Petrol/diesel........................... 130
    Road tax................................ 0
    Car Insurance........................... 30
    Car maintenance (including MOT)......... 10
    Car parking............................. 5
    Other travel............................ 9
    Childcare/nursery....................... 0
    Other child related expenses............ 35
    Medical (prescriptions, dentist etc).... 14£20(£30 if either of you wears specs)
    Pet insurance/vet bills................. 0
    Buildings insurance..................... 10£20
    Contents insurance...................... 10£20
    Life assurance ......................... 0
    Other insurance......................... 0
    Presents (birthday, christmas etc)...... 20not normally allowed
    Haircuts................................ 15£30(£10 per adult,£5 per child)
    Entertainment........................... 10WHAT!!!!!!!:rotfl:as a bc you re not allowed this
    Holiday................................. 10£50
    Emergency fund.......................... 5
    DMP..................................... 1500
    School Trips............................ 5
    Total monthly expenses.................. 1263

    Assets
    Cash.................................... 1000
    House value (Gross)..................... 69000
    Shares and bonds........................ 0
    Car(s).................................. 3500
    Other assets............................ 0
    Total Assets............................ 73500

    Secured & HP Debts
    Description....................Debt......Monthly...APR
    Mortgage...................... 79028....(0)........0
    Total secured & HP debts...... 79028.....-.........-
    Unsecured Debts
    Description....................Debt......Monthly...APR
    Credit Card....................3800......50........0
    Unsecured Loan.................23800.....156.......6.49
    Unsecured Loan.................13500.....202.......0
    Loan...........................9500......198.......0
    Loan...........................14000.....110.......0
    Loan...........................10000.....102.......0
    Overdraft......................2560......0.........0
    Total unsecured debts..........77160.....818.......-

    Monthly Budget Summary
    Total monthly income.................... 2,385
    Expenses (including HP & secured debts). 1,263
    Available for debt repayments........... 1,122
    Monthly UNsecured debt repayments....... 818
    Amount left after debt repayments....... 304

    Personal Balance Sheet Summary
    Total assets (things you own)........... 73,500
    Total HP & Secured debt................. -79,028
    Total Unsecured debt.................... -77,160
    Net Assets.............................. -82,688

    Also forgot to add a debt on there, that we have well until our 12 weeks in October are up which is £1752.00 for estate agent, plus any shortfall we will end up with on this house.


    Ok i have done the allowances as if you were going bc. You are allowed £5 per chid per wk for after school activities. I have also done the alterations as if just one was going bc if both of you were togo it would be different. As in same amounts(some could even be upped) but sperated out.Dx
    Free impartial debt advice available from: National Debtline - Tel: 0808 808 4000 | The Consumer Credit Counselling Service (CCCS) - Tel: 0800 138 1111 | Find your local Citizens Advice Bureau
    Laugh at yourself and others laugh with you.Laugh at others and you laugh alone. BSC No 107:D
  • Sammy3008
    Sammy3008 Posts: 323 Forumite
    dalip wrote: »
    Ok i have done the allowances as if you were going bc. You are allowed £5 per chid per wk for after school activities. I have also done the alterations as if just one was going bc if both of you were togo it would be different. As in same amounts(some could even be upped) but sperated out.Dx

    With what you have added for groceries etc, even with us not spending this amount, could we still put thats what we spend? Would the OR not question DH about it?

    So could we officially go BR, with what we'd have going out/coming in?
    Obviously the benefits we get, have made it look a lot, but not sure whether you include this when filling in the form or not?

    I will re-do my SOA shortly, with the figures you have used, and see what that comes out at. Thanks.
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