going bankrupt scotland

broxiebear1

well its arrived
recieved a SMALL CLAIM SUMMONS from court it came on satuarday for debt of £482 benifit overpayment from council . what do i do now as i am waiting for a charge for payment do i ignore letter and wait for charge then 14 days later i can go br.
do i have to cancell direct debits from bank im with coop no overdraft, what about credit i am using and paying argos. homebase, and next. i have credit cards all maxed to limit which i havnt payed since last januarry some for £5000 ,i was supprised i recieved summons for £482 what am i allowed to claim for in soa and how much will OR take from my surpluss remember that im in scotland
sorry for all the questions i have to return lettter before 3 /12
hearing on 17/12 so i have a bit of time to get things sorted
thank you
broxie

concerned43

To answer your questions I need to know if you are on benefits or not

broxiebear1

concerned43 wrote: »

To answer your questions I need to know if you are on benefits or not

sorry i work but dont qualify for lila just over limit:(

jonliv

Hey Broxie

Stick up your SOA the Accountant in Bankruptcy sings from a different hymn sheet than the OR in England.

Like there is no £99 surplus disregard for the purpose of calculating an IPA

Also the figures he allows are a bit different ie you ARE allowed a little for entertainment in Scotland and an emergency fund

Not in any way an expert but could have a look for you so you can be prepared for your interview

BTW they might not go for a charge for payment but apply to use other diligencies like a decree to have your wages arrested or your bank account frozen They cannot make you bankrupt as you do not owe them £3000



Jono

broxiebear1

how do i get soa sheet , so if they dont go for charge for payment will i still be able to go br if they arrest wages or freeze bank account as i owe about £27k in credit cards and loans should i apply to pay in instalments to court for the £482 debt

broxiebear1

Statement of Affairs and Personal Balance Sheet
Household Information
Number of adults in household........... 2
Number of children in household.........
Number of cars owned....................
Monthly Income Details
Monthly income after tax................ 1128
Partners monthly income after tax....... 0
Benefits................................ 0
Other income............................ 0
Total monthly income.................... 1128
Monthly Expense Details
Mortgage................................ 0
Secured/HP loan repayments.............. 0
Rent.................................... 250
Management charge (leasehold property).. 0
Council tax............................. 103
Electricity............................. 80
Gas..................................... 80
Oil..................................... 0
Water rates............................. 0
Telephone (land line)................... 35
Mobile phone............................ 50 contract 2 phones
TV Licence.............................. 12
Satellite/Cable TV...................... 19.5
Internet Services....................... 10
Groceries etc. ......................... 400 both of us diabetic plus smokers
Clothing................................ 0
Petrol/diesel........................... 80 motability car
Road tax................................ 0
Car Insurance........................... 0
Car maintenance (including MOT)......... 0
Car parking............................. 0
Other travel............................ 0
Childcare/nursery....................... 0
Other child related expenses............ 0
Medical (prescriptions, dentist etc).... 20
Pet insurance/vet bills................. 0
Buildings insurance..................... 0
Contents insurance...................... 6
Life assurance ......................... 35
Other insurance......................... 0
Presents (birthday, christmas etc)...... 0
Haircuts................................ 0
Entertainment........................... 0
Holiday................................. 0
Emergency fund.......................... 0
Total monthly expenses.................. 1290.5

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

No Secured nor Hire Purchase Debts
Unsecured Debts
Description....................Debt......Monthly...APR
cards and loan.................27000.....0.........0
Total unsecured debts..........27000.....0.........-

Monthly Budget Summary
Total monthly income.................... 1,128
Expenses (including HP & secured debts). 1,290.5
Available for debt repayments........... -162.5
Monthly UNsecured debt repayments....... 0
Amount short for making debt repayments. -162.5
Personal Balance Sheet Summary
Total assets (things you own)........... 0
Total HP & Secured debt................. -0
Total Unsecured debt.................... -27,000
Net Assets.............................. -27,000
Created using the SOA calculator at www.makesenseofcards.com.
Reproduced on Moneysavingexpert with permission, using IE browser.

jonliv

From what you say you are earning @ £17,000 per annum? before tax


"If you work, but are on a low income, you may qualify for Working Tax Credit."

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/TaxCreditsandChildBenefit/TaxCredits/Gettingstarted/whoqualifies/DG_073802

Broxie Does your Partner not work? Someone is getting DLA at the highest rate?

You should be getting Working Tax Credit and Council Tax Benefit
thereby you would be able to go a LILA route

This is from the AiB website

"If you receive income support, income-based jobseekers' allowance or working tax credits you will be treated as meeting the low income test, even if your actual income is more than £237.20 a week."

Go to this website and put in all of your information

www.turn2us.entitledto.co.uk

Claim what you are entitled to and then go for LILA

If your partner works they must contribute to the expenses

We can go over your SOA later

Jono

broxiebear1

jonliv wrote: »

From what you say you are earning @ £17,000 per annum? before tax


"If you work, but are on a low income, you may qualify for Working Tax Credit."

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/TaxCreditsandChildBenefit/TaxCredits/Gettingstarted/whoqualifies/DG_073802

Broxie Does your Partner not work? Someone is getting DLA at the highest rate?

You should be getting Working Tax Credit and Council Tax Benefit
thereby you would be able to go a LILA route

This is from the AiB website

"If you receive income support, income-based jobseekers' allowance or working tax credits you will be treated as meeting the low income test, even if your actual income is more than £237.20 a week."

Go to this website and put in all of your information

www.turn2us.entitledto.co.uk

Claim what you are entitled to and then go for LILA

If your partner works they must contribute to the expenses

We can go over your SOA later

Jono

thanks for that jonjo my takehome pay is £282 a week BUT i do 24hr call outs which sometimes gives me an extra £100 a week but that is very rare my wife doesnt work she gets high rate motability which goes to the car ,i forgot to sat i get £88 a month pension
i think i have been on that site before but i will give it another go,
i spoke to moneyadvice scotland today ,told me to ignore summons then charge for payment should come about feb. she also said that there is going to be another way you can go br in a couple of months(scotland) but said to go the charge for payment way and she would help with the form for aib
ill keep you informed
broxie

jonliv

Thats fine Broxie Yes I have heard about this new way Its call a Certificate of Sequestration

Jono

broxiebear1

(

7. Prior to an authorised person granting a certificate for sequestration—
(a) that authorised person must advise the debtor that granting the certificate may result in—
(i) the debtor being refused credit, whether before or after the date of the debtor being discharged;
(ii) the debtor not being able to remain in the debtor’s current place of residence;
(iii) the debtor being required to relinquish property which the debtor owns;
(iv) the debtor requiring to make contributions from income for the benefit of creditors; and
(v) damage to the debtor’s business interests and employment prospects.
(b) that authorised person must advise the debtor that an award of sequestration will become public information;
(c) an authorised person must provide the debtor with a copy of a debt advice and information package referred to in section 10(5) of the 2002 Act; and is this a lot different from the present rules ,does that mean i would have to leave my council house:eek:

jonliv

Dont worry about that now It has not even passed into law yet There have been loads of anomolies spotted I think it will be a long time coming

Concentrate on getting your SOA into shape for when you get your CFP and can apply to be sequestrated


Money advice Scotland will be great at helping you with that


Jono