Some Advice on Going Bankrupt in Scotland

DoshDolt

broxiebear1 wrote: »

hi dd thank you for your post only problem is i have to wait for a charge for payment before i can go b.r last week i recieved a letter from one of my creditors threatning court action or sending a debt collector i dont have any secured debt and stopped paying creditors from januarry

All I can say broxiebear is that threats of court action and debt collectors arriving at your door are usually just that - threats.

Even if someone turns up at your door - don't let them in - it is as simple as that. Talk to them through the window if you feel that you must, but DO NOT let them into your house - there is nothing that they can do!

My BEST piece of advice is tell the people at CAB - that's what I did, and they sorted it out for me pronto. If it wasn't for CAB, I would have lost my house, my sanity, my dignity and probably my marriage.

I stopped paying my creditors when CAB advised me to - and NOTHING HAPPENED. My BR went through. However, there are different circumstances for each person - that's when you need the professional advice that only CAB can give.

I might seem that I am pushing CAB, but they are the people that I went with and they didn't let me down.

CAB gave me one really good bit of advice that worked well.

I was told to answer the phone and as soon as the caller identified themselves, I was to give ONE answer only, speaking calmly and in a business-like manner.

"You will have to speak to my debt counsellor. They have my financial statement and are dealing with my case."

No matter what they said - no matter how many times they said it - no matter what threats they throw at you - or how angry/irritated they got - I just said that over and over. Eventually THEY give up and ask for your counsellor's details, i.e. Mr(s) so-and-so and your case/reference number.

I couldn't believe how much fun it was to hear THEM squirm for once. The first time is a little scary, but once you have done it, the next time is easier.

Just remember not to give in to them or answer any of their questions - just state the above over and over.

It worked for me, so I really hope that it works for you.

Keep us posted broxiebear on how things pan out for you.

DD

kduffy101

yes i would agree CAB were top notch for me too.

broxiebear1

DoshDolt wrote: »

All I can say broxiebear is that threats of court action and debt collectors arriving at your door are usually just that - threats.

Even if someone turns up at your door - don't let them in - it is as simple as that. Talk to them through the window if you feel that you must, but DO NOT let them into your house - there is nothing that they can do!

My BEST piece of advice is tell the people at CAB - that's what I did, and they sorted it out for me pronto. If it wasn't for CAB, I would have lost my house, my sanity, my dignity and probably my marriage.

I stopped paying my creditors when CAB advised me to - and NOTHING HAPPENED. My BR went through. However, there are different circumstances for each person - that's when you need the professional advice that only CAB can give.

I might seem that I am pushing CAB, but they are the people that I went with and they didn't let me down.

CAB gave me one really good bit of advice that worked well.

I was told to answer the phone and as soon as the caller identified themselves, I was to give ONE answer only, speaking calmly and in a business-like manner.

"You will have to speak to my debt counsellor. They have my financial statement and are dealing with my case."

No matter what they said - no matter how many times they said it - no matter what threats they throw at you - or how angry/irritated they got - I just said that over and over. Eventually THEY give up and ask for your counsellor's details, i.e. Mr(s) so-and-so and your case/reference number.

I couldn't believe how much fun it was to hear THEM squirm for once. The first time is a little scary, but once you have done it, the next time is easier.

Just remember not to give in to them or answer any of their questions - just state the above over and over.

It worked for me, so I really hope that it works for you.

Keep us posted broxiebear on how things pan out for you.

DD

hi dd i contacted natoinal debbt line and money advice scotland both said b.r was best option for me (but have to wait for charge for payment) as for the phone calls i changed my number but guess what people are looking for the person that had my new number (debt collectors) as for the letters i file them thank god for this site and the people that post like you and others thank you.
ill keep you all posted as i go along and hope to help others along the way
broxie.

coolcait

Hiya DoshDolt

Thanks great information - thank you for putting it together for people :T

I'd just like to point out that there's no legal requirement to seek help from anyone before filling out an application form for bankruptcy. I totally agree with you that it's an excellent idea to go to CAB or a similar organisation! But it's not quite true to say that you can't proceed with your application without them. I know the form asks if you've taken advice, but it doesn't say that you must do this. just that AiB 'strongly advises it'. As do I.:A:rotfl:

You can also fill in the from yourself, and it's actually quite straightforward. As long as you meet the conditions for going bankrupt (this is where I'd strongly recommend getting advice and information first), then most people will be able to fill in the form without too much difficulty. Certainly compared to the forms for England and Wales, the Scottish version is a doddle! :eek: Just ticking 'yes' or 'no' to questions like "Do you have debts of £1,500 or more?"; "Do you receive income based benefits?"; "Do you own, either wholly or jointly, any land or property?"

If the AiB rejects your application then it's true that you lose your £100 application fee. However, my understanding is that they will always write to you first - or even phone you - to try to clear things up. So I hope people don't get too worried about the idea that their application will be rejected.

kduffy101

i can confirm that,about aib contacting you first if theres anything wrong.
when i first sent away my form i got a letter back from aib saying"you have been refused br because the house i had to sell 3 months before i went br was still in my name,they gave me 14 days to get that sorted,
i went right down to cab+they had the problem fixed 10days latter.

DoshDolt

coolcait wrote: »

Hiya DoshDolt

Thanks great information - thank you for putting it together for people :T

I'd just like to point out that there's no legal requirement to seek help from anyone before filling out an application form for bankruptcy. I totally agree with you that it's an excellent idea to go to CAB or a similar organisation! But it's not quite true to say that you can't proceed with your application without them. I know the form asks if you've taken advice, but it doesn't say that you must do this. just that AiB 'strongly advises it'. As do I.:A:rotfl:

You can also fill in the from yourself, and it's actually quite straightforward. As long as you meet the conditions for going bankrupt (this is where I'd strongly recommend getting advice and information first), then most people will be able to fill in the form without too much difficulty. Certainly compared to the forms for England and Wales, the Scottish version is a doddle! :eek: Just ticking 'yes' or 'no' to questions like "Do you have debts of £1,500 or more?"; "Do you receive income based benefits?"; "Do you own, either wholly or jointly, any land or property?"

If the AiB rejects your application then it's true that you lose your £100 application fee. However, my understanding is that they will always write to you first - or even phone you - to try to clear things up. So I hope people don't get too worried about the idea that their application will be rejected.

Hi coolcait,

100% correct. :A

You are absolutely right to say that you can fill in the form yourself. I should have said that when I went to CAB, it made ME feel better, knowing that I hadn't made any mistakes. I found it a comfort to have someone else going through the (as you state) very simple form with me.

Also, I didn't mean to give the impression that the AiB are ogres, as they really aren't. They were unbelievably helpful. Once again, I was only trying to point out that if you try to hide something and they find out - then they will reject your application and you will lose your fee. In other words - when dealing with bankruptcy - honesty is DEFINITELY the best policy.

Thanks for the input coolcait.

Best wishes to all.

DD

broxiebear1

think its about time i bumped this for scottish b.r

coolcait

Hi broxie

A guid New Year tae ye (and to all)!

Hope it brings all you're wishing for :beer:

broxiebear1

coolcait wrote: »

Hi broxie

A guid New Year tae ye (and to all)!

Hope it brings all you're wishing for :beer:

happy new year coolcait
well didnt have a drink new year i was on call and got called out on new years day then the 2nd at 6.20 am so looking forward to this sat going to a 50th birthday party:beer:
coolcait things are getting close now dreading letter for charge for payment should come soon then i will be looking for advise regarding soa etc
broxie x

broxiebear1

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