The Bankruptcy Club & Supporters Club

less2303

I am not saying you are purposely trying to mislead or get people into trouble.

What I am saying is quite a few of your posts are giving out incorrect information, but you posts give the air of you knowing what you are saying, when actually you dont. Try the words `I think` or `As far as I know` it then becomes alot less misleading.

goonergirl

sandralovescats wrote:

Don't print the forms out until the day before your bankruptcy.

Your housekeeping should be £400 per month

Your clothing/shoes should be £40


By the way, are you still anticipating having to pay for an osteopath? If you are, you need to allow for this in your SoA. You cannot get this treatment on the NHS, as far as I know.

Thing is Sandra we don't have any more money to allow for those things? If I increase the food I have to cut something else and everything else is the actual amounts I pay? we don't go to the dentist (unless emergency and thankfully only been one of them in 10years) and when my OH needed new glasses (cos he has expensive lenses cos of his prescription) we just told the house insurance he had broken them and paid the excess on the credit card? so I can't really increase food or clothes unless I say take it off the petrol? (althought that already under what we spend as rest would have gone on credit cards) would that be better?
we only have income of £1048

was the bit I wrote about reasons ok?
and why not print till day before ? ive got to get 3 copies done and anticipate with my printer there being some problem.

angie
x

Nicky_3

angie - don't worry about getting things wrong on the form. When you arrive to petition, the desk clerk will go through your form with you, so if you still have any worries about what has been put down, she/he will help you with it.

Honesty is always the best policy, just write everything down that you can think of, including your overpayment.

It is a daunting process, but it won't be anywhere near as bad as you imagine, its walking into the unknown and the feeling that its all official that plays on your mind, but when you get there (or your OH), i'm confident you will be put at ease

less2303

sandralovescats wrote:

I am sorry to have to tell you Richard that that is not true.

The OR can and WILL take any amount of money from a private pension scheme.

The piece I posted in blue was not out of my own imagination, it is from the insolvency service website.

Also, the way the OR works also depends on the particular OR in question!!

I know people whom lost basic private pensions through the OR, no questions asked, were just told to surrender the details, and it was done - they had not put a lot of money into the account prior to br either - two of them were only worth £5000 and £7000 respectively.

It is better to be circumspect in these matters.

Also from the insolvency service!:

The primary effect of WRPA is that approved pension arrangements do not form part of the bankrupt’s estate and thus the Official Receiver has no claim over the pension or any accruing benefits. Please note that this is only true in those cases where the bankruptcy petition was presented on or after 29 May 2000.

Those pension arrangements that are approved and consequently do not form part of the bankrupt’s estate are as follows:

All occupational pension schemes, which have been approved by the Inland Revenue for tax purposes (sometimes referred to as "exempt approved schemes").

All retirement benefit schemes set up by a government outside the United Kingdom for the benefit of its employees.

All personal pension schemes (policies) that have been approved by the Inland Revenue for tax purposes (sometimes referred to as "approved personal pensions").

All retirement annuity contracts – these were the main type of personal pension available prior to 1988.

All public service pension schemes established under legislation e.g. Armed Forces Pension Scheme, Fire-fighters Pension Scheme, Local Authority Pension Schemes (available to county council and local council employees as well as teachers), NHS Pension Scheme, Police Pension Scheme and the Principal Civil Service Pension Scheme.

All retirement benefit schemes being considered for approval by the Inland Revenue for tax purposes.

Stakeholder pension schemes.
Again, misinforming people, even after the have queried what you have said! Think of the effect that your post may have had on people. Some people may have now taken the wrong course of action simply because of your misinformation.

Enough Said!

less2303

goonergirl wrote:

Thing is Sandra we don't have any more money to allow for those things? If I increase the food I have to cut something else and everything else is the actual amounts I pay? we don't go to the dentist (unless emergency and thankfully only been one of them in 10years) and when my OH needed new glasses (cos he has expensive lenses cos of his prescription) we just told the house insurance he had broken them and paid the excess on the credit card? so I can't really increase food or clothes unless I say take it off the petrol? (althought that already under what we spend as rest would have gone on credit cards) would that be better?
we only have income of £1048

was the bit I wrote about reasons ok?
and why not print till day before ? ive got to get 3 copies done and anticipate with my printer there being some problem.

angie
x

Yes Angie you are right, please do not put figures down that you cannot justify.

goonergirl

Nicky wrote:

angie - don't worry about getting things wrong on the form. When you arrive to petition, the desk clerk will go through your form with you, so if you still have any worries about what has been put down, she/he will help you with it.

Honesty is always the best policy, just write everything down that you can think of, including your overpayment.

It is a daunting process, but it won't be anywhere near as bad as you imagine, its walking into the unknown and the feeling that its all official that plays on your mind, but when you get there, i'm confident you will be put at ease

thanks Nicky
I actually think its more daunting cos its my OH that doing it and to be honest he don't have a clue at the situation we in and I ve got a week to make him understand everything and why we in this situation and what we (i ve) done to sort it out etc etc and what money goes on bills etc so that he can hopefully explain to the OR. if it was me doing the taking I wouldn't be half so hett up as I know what everything is and why. but he don't even know how much our council tax is or rent or anything.
I have been honest on the forms with our outgoings but we did use to spend more on food than I have put down and on petrol and clothes but we don't have the money coming in (which is why it went on credit cards and overdrafts) to pay what we were paying so we will be drawing our horns in quite a bit after BR.

a
x

Nicky_3

It has been known angie for OH to go with the bankrupt to explain the situation, so you don't necessarily need to rely on your OH to get it all memorised.

You could call up the court and explain that your the one who deals with the finances and he basically doesn't know much so your worried about them asking him questions he isn't going to understand.

Call the court to check to see if you can talk on his behalf - that might help.

goonergirl

Oh do you think that I will be able to do that?
Do you think I might be able to do this when the OR calls?

That would be better then I can make them see how this is as much my fault as his and that if I had been a bit stronger in saying no to him we might not be in this situation and He might not get so stressed at me cos he don't know what to say.

I think I will ask though not sure if Im able to ring back yet as i bit tearful today.

angie
x

Nicky_3

I've known it happen angie.

Give it a shot, if they say no, you've not lost anything.

sandralovescats

less2303 wrote:

Also from the insolvency service!:

The primary effect of WRPA is that approved pension arrangements do not form part of the bankrupt’s estate and thus the Official Receiver has no claim over the pension or any accruing benefits. Please note that this is only true in those cases where the bankruptcy petition was presented on or after 29 May 2000.

Those pension arrangements that are approved and consequently do not form part of the bankrupt’s estate are as follows:

All occupational pension schemes, which have been approved by the Inland Revenue for tax purposes (sometimes referred to as "exempt approved schemes").

All retirement benefit schemes set up by a government outside the United Kingdom for the benefit of its employees.

All personal pension schemes (policies) that have been approved by the Inland Revenue for tax purposes (sometimes referred to as "approved personal pensions").

All retirement annuity contracts – these were the main type of personal pension available prior to 1988.

All public service pension schemes established under legislation e.g. Armed Forces Pension Scheme, Fire-fighters Pension Scheme, Local Authority Pension Schemes (available to county council and local council employees as well as teachers), NHS Pension Scheme, Police Pension Scheme and the Principal Civil Service Pension Scheme.

All retirement benefit schemes being considered for approval by the Inland Revenue for tax purposes.

Stakeholder pension schemes.





Experience of people ON THIS THREAD whom have gone bankrupt will testify that personal pensions can and are taken by the OR!!!!!