JSA - bancrupcy option?

grumpyoldwoman41

CCS - thanks a lot for that.

grumpyoldwoman41

Fermi - you have posted a link to court finder but I must be really silly as I can nto find any info on that page about which court deals with BR applications for East London so can not see if they have appointments system or just a case of turning up....

Can you help me out here please?

Thanks a lot... very much appreciated

grumpyoldwoman41

Right, just had a chat with CCCS and was told my BR application would not be accepted by the court as firstly I would have to prove that I can live on theat £65 per week as they thought I can not and that my expenses would be higher than my income and the court could refuse the BR based on that.

That baffles me a bit as lots of people do, that is why the JSA is set at this level.

I was told to write to all my creditors and ofer them token payments of £1 per month for the time being and perhaps apply for BR later on - if I do not find a job in the next few months.

Not the kind of route I want to take really - can anyone comment on this please from your own experience?

It does not make sense to me to be honest...

Thanks a lot

debt_doctor

grumpyoldwoman41 wrote: »

Right, just had a chat with CCCS and was told my BR application would not be accepted by the court as firstly I would have to prove that I can live on theat £65 per week

This ridiculous none sense keeps cropping up, from CCCS in particular I'm afraid.

If you cannot pay your debts as they fall due and / or your liabilities outweigh your assets then you are insolvent.

Whether you can survive on £65.45 pw plus housing costs and c/tax benefit is down to your management and your circumstances. Providing you can say that you have taken advice ( I would get some adviice elsewhere, in this one instance) then your BR order will be approved.

I also said earlier that you would not have to pay the £150 court fee due to your income from contributions based JSA. I stand by that as you would potentially be exempt under concession 2 (gross annual income) and certainly concession 3 (dispossable income).

No single person in receipt of contributions based JSA (AS THEIR ONLY INCOME) should pay any court fees.

You would still have to find £450 deposit.

DD

grumpyoldwoman41

Debt Doctor, thanks for that, I have the £450 for the fee so hope to sort out the BR by the end of January.

How do I go about getting the £150 discount though? Do I need to provide any extra form/evidence whatever?

Thanks

debt_doctor

The ex160 form and guidance notes are available from your local court or here;

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetLeaflet.do?court_leaflets_id=172

Concession / remission 2 relates to gross annual income, it does not state income during the current financial year. In your position the financial year test would probably not assist you as you were a recent high earner, so you would put your expected annual income as £65.45pw multiplied by 52. All courts are different, our local court takes gross annual income as I have suggested.

You cannot fail to get remission in your current circumstances under concession / remission 3 as your allowed disposable income is higher than your total income.

For both concessions you MUST provide evidence as per the guidance notes.

DD

grumpyoldwoman41

Thank you...

tigerfeet2006

Court fee remission and forms.

• HMCS - Court fees do you have to pay them? (And guidance on completing the fee remission form). (pdf)
• HMCS - Form EX160 - Application for a fee remission (pdf)
• Example application for a fee remission based on gross annual income - EX160 (Thanks to NE Derbyshire CAB)
• Example application for a fee remission based on permitted benefits - EX160 (Thanks to NE Derbyshire CAB)
• Possible assistance with Bankruptcy costs / fees (Thanks to NE Derbyshire CAB)

Some links that might be helpful.

grumpyoldwoman41

Tigerfeet - thatnsk for that...

Nice avatar... LOL

Angiepange

Hi there

I don't have anything to add to all the excellent advice you have been given already, but just wanted to say good luck with your BR.

Also, just to add, we put a claim in for Housing Benefit and it took over 6 weeks to be sorted out! I know you said you've been waiting since the beginning of Dec so hopefully you will get some news soon. Fingers crossed.

Angie