Need help after burying head in sand

fergusor

Hi guys,

I'm desperate for some help. I got a letter yesterday from the courts yesterday saying they're taking out a suspended attachment of earnings on me starting from 15th may.

Last February (2010) I contacted the cccs and went through my debts with them and they suggested bankruptcy for me. It's been a year since then and I've tried burying my head in the sand hoping it would all go away... which obviously it won't and hasn't.

I've made the decision to go bankrupt at the end of the month, will my ignoring all this have a negative impact on me with the courts and or? I know it's wrong but I've made no payments to creditors for 2 years hoping they would leave me alone.

I'm not expecting sympathy as I know I've done wrong, just would like some advice.

I live with partner who's so supportive of me, I'm lucky there, but he's worried that they'll take away things like our tv (about £1000 worth) that he's paid for on his card but I've contributed to. Can this happen, can they take stuff that is both of ours but bought with his cards?

I'm so scared about this letter I got yesterday it's made me realise is need to sort my life out... I've got no issue with giving them all my spare cash after bills etc, I just want to sort myself out. But will leaving it for so long have a negative reaction for me?

Thanks for listening, I need to get it off my chest

Thanks,
Richard.

4$£&*(£$&*(!

Hello and welcome to the boards. I don't tend to issue sympathy anyway but equally I have a great deal of respect for people who can identify they have a problem and take steps to correct it. I think that is the general response you will get here, we are all non-judgemental in these situations so don't panic.

How long have you lived with your partner? The OR will be looking at 'beneficial interest', is it demonstrable you have contributed significantly to the household therefore you would have an interest in it; or have you more been living there and paying as a lodger would?

The OR will look at your earnings only. If your partner has paid for something on his card yet you have contributed, is there any way that can be proven? Was it a gift from you? If so then it doesn't belong to you and the OR wouldn't have any interest. They are usually only interested in big ticket items anyway like cars, caravans, boats etc. I would doubt a TV, even one costing £1,000, would be of a significant interest.

fiveyearplan

They don't take household goods. Do you live in rented accommodation or mortgaged?

fiveyearplan

I hadn't paid most of my bills for over a year when I went BR and it didn't make the slightest difference to the OR.

debtinfo

what matters more is if you have used credit in the time since you were advised to go bankrupt

fergusor

Hi guys,

I've been living with my partner for 2 years in the house we rent. He's bought all the household furniture on his cards and I've been putting my share of the money into his account to cover it. I guess there's no way to prove if I've bought anything with him, it's all on his card.

I've not taken any credit since, just the usual of paying car insurance on direct debit as I couldn't afford a yearly lump sum.

One other thing, how does overtime come into the equation? I don't have regular overtime, only when needed so can do 10 hours overtime 1 month then nothing for 2 or 3... do I have to let them know when I've done it so they can take the money?

Thanks again, appreciate the help. Not looking for sympathy, want to sort my life out and put all the worrying behind me.

debtinfo

they will average out your income and then deduct any normal expenditure, what is left is your surplus which you pay into the bankruptcy

Ineedaname

Overtime seems to be treated differently depending on your OR. It's a case of letting the OR know the situation with regards to your overtime and coming to an agreement with them about how many hours they want to know about.

Well done for getting your head out of the sand, I buried mine for 4+ years on a DMP!

fergusor

Ineedaname wrote: »

Well done for getting your head out of the sand, I buried mine for 4+ years on a DMP!

Thanks, the letter I got yesterday scared me half to death and it's made me realise I need to sort it so I'm not worrying about who comes to the door or what post I'll be getting today!!

I presume the letter I got yesterday will be included in the bankruptcy?

debtinfo

yes it will, it is something you specifically need to inform the OR about so that they can get it sorted though

fergusor

Thanks for the help everyone, I think I'll be on here a fair bit over the next few months.

Can you let me know how I get the process started, I know I have to fill out forms but are they available online and do I have to make a date with the court when I take them in or can I do it in advance?