General Advice Please

sportie

Hi All,

Just after some advice please. My OH is in the process of considering BR, he has been to see a solicitor/lawyer and the advice he has been given seems somewhat different to things I have read

1) He's been told to do the forms online with the insolvency service and then he apparently has to send them off somewhere, the forms get reviewed, then he gets a letter from the court to attend court and then a date for bankrupcy is given - as far as I'm aware, he fills out the forms and arranges court himself?

2) He's been told he's likely to keep his car worth £5000

3) That the IVA will only last 1 year (I thought it was 3 years)

Maybe I have just misunderstood things but I feel he has been given the wrong information, as much as I've tried to advise him of this, it just ends in an arguement and if a solicitor says it then he is obviously right :mad:


I have tried to be there for him and advise him to look at this forum but he refuses to listen to me, I have had to just keep my nose out of it. When he does eventually go to court, will he get given advice there about not using any bank accounts, which banks might help with a new account etc etc cos as far as I can see, he won't let me help him?

I take it BR causes a lot of relationship problems

peachyprice

sportie wrote: »

Hi All,

Just after some advice please. My OH is in the process of considering BR, he has been to see a solicitor/lawyer and the advice he has been given seems somewhat different to things I have read

1) He's been told to do the forms online with the insolvency service and then he apparently has to send them off somewhere, the forms get reviewed, then he gets a letter from the court to attend court and then a date for bankrupcy is given - as far as I'm aware, he fills out the forms and arranges court himself? You fill the forms in online, print them out, then take them to the court on the day for your appointment. The majority of courts will make you BR there and then, there are a few who will ask you to come back the next day, if you phone your local County Court and ask for the bankruptcy clerk they will tell you what they do at your particular court. They do not get sent anywhere for review.

2) He's been told he's likely to keep his car worth £5000 Highly unlikely I'm afraid. The OR will usually let you keep a car worth up to £2-3k, anymore than this they will take and if you need it for work they will give you an allowance of around £2k to buy another car. If it isn't needed for work or any other justifiable reason he will not be allowed to keep it.

3) That the IVA will only last 1 year (I thought it was 3 years) If your OH has enough surplus for an IPA it will last 3 years, not 1 year. Bankruptcy last for 1 year, but the IPA is still paid after discharge.

Maybe I have just misunderstood things but I feel he has been given the wrong information, as much as I've tried to advise him of this, it just ends in an arguement and if a solicitor says it then he is obviously right :mad:


I have tried to be there for him and advise him to look at this forum but he refuses to listen to me, I have had to just keep my nose out of it. When he does eventually go to court, will he get given advice there about not using any bank accounts, which banks might help with a new account etc etc cos as far as I can see, he won't let me help him?

I take it BR causes a lot of relationship problems

I do hope your OH didn't pay the solicitor for his advice, I'm afraid he knows very little about BR and it talking out of his @rse.

I would urge your OH to seek more advise from one of the debt charities, if he take the advise of this solicitor as being correct he will be in for some nasty shocks.

The court weon't give him any advice, they're not allowed to. He can open a basic account on the day he goes BR but he mustn't use any of the accounts he already has until he has permission from the OR.