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final salary + JSA, bankruptcy

Hi

After 4 short months of employment I am about to claim JSA, HB & CTB. I have struggled to pay my debts over a period of 3 years due to self employment poor pay and previous unemployment. I have been on a DMP with CCCS recently but now I no longer have a job I cannot keep up the payments. I will be phoning CCCS to find out what my options are now but I suspect they will recommend bankruptcy as they did previously when I embarked on DMP. At the time I wanted to do the responsible thing and repay my debts but now because I have lost my job I think I have no alternative.

Because I had to include my overdraft in my DMP I changed my bank and am currently using a Lloyds tsb basic account. I received my last pay cheque yesterday for £2.2k which included bonuses and paid it into the account yesterday. I understand that if I get a bankruptcy order my bank account will be frozen and this money will be owned by the OR. Is the OR likely to let me have it all back because I am unemployed and I need it to supplement my benefits. I was thinking of withdrawing it before going bankrupt but will the OR ask me why I have done this and will it cause me major problems. I am a single person living in a housing association flat and I do not have any other assets other than a car which I have already asked about on this forum.

Thanks,

Comments

  • debtinfo
    debtinfo Posts: 7,012 Forumite
    As the money represents your income you will be allowed to keep it, the OR will only take savings
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • seh567
    seh567 Posts: 286 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Was advised by counsellor today to go for DRO as I have now been laid of from my job and will not be able to carry on with DMP payments. Having been reading on this forum I notice that you can't do a DRO if you have a contracted out serps insurance policy or private stakeholder pension pot, which I have from a previous employer, although they are small amounts it puts me over the £300 assets limit. I have no other assets apart from an old car worth approx £1k. I have between £15 & £16k worth of debt, will CCCS be able to help me through this process or do I need to contact a court for applications and hearing date and go throught it alone. Thanks
  • seh567
    seh567 Posts: 286 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Have been speaking to my parents today and I really can't get my head round bankruptcy and its consequences. They have said they are willing to fund full & final settlement for 30% of the £15.5k debt I have spread over 5 creditors, Natwest, Nationwide, A & L, Egg and Barclaycard. I have been on a DMP for a couple of months with CCCS. What are the chances of these creditors agreeing to this level of settlement. Also would a f & f request letter be better coming from me or should my parents write to them explaining this is a limited time offer and leave them in no doubt that if this offer is refused I will have to declare myself bankrupt. Thanks
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