When can the court refuse br?

fergusor

Hi guys,

I'm looking to go br in the next month or so but I'm getting worried about being refused br by the court.

My debts are in the region of £100,000 (I was shocked when it was worked out at this) and the last time I spoke to csss they recommended an iva as I had £360-ish a month left over (that's not paying any of my debts as I stopped paying them a while back then buried my head in the sand hoping it would go away).

I want to go br and put this all behind me, do you think it's likely I'll be refused?

Thanks,
Richard.

IF

You won't be refused BR if you are Insolvent and the general rule is that you must have taken advice, that can be from the debt charities, an IP, an Accountant or a Solicitor. The Judge just wants to be sure that you can never come back and try and overturn the order on the basis that you were not aware of all the consequences.

So Richard no panicking and do contact a Debt charity for that second opinion.

Best wishes

If...x

dojoman

Hi and welcome:) by csss do you mean ccs if so I would do as IF suggests and contact one of the other debt charities.



https://www.nationaldebtline.co.uk/
https://www.citizensadvice.org.uk/

tigerfeet2006

If you have taken advise and understand the consequeces of BR.

You cannot meet your payments on time.

You do not have assetts that would pay your debts.

Then you will be fine and won't be refused.

fergusor

dojoman wrote: »

Hi and welcome:) by csss do you mean ccs if so I would do as IF suggests and contact one of the other debt charities.



https://www.nationaldebtline.co.uk/
https://www.citizensadvice.org.uk/

Yes I do mean cccs. Why do you suggest a different one? I've actually just phoned them, given them my basic details and they're calling me on wednesday.

tigerfeet2006

Talk to CCCS on Wednesday as you have already booked it. It might be good for you to get a second opinion on the matter. You are looking at something that will change your life forever and you shoukd get as much info on the situation as you possibly can.

As you have said you have had your head in the sand so now is the time to become money savvy.

gettingready

I spoke to CCCS and they advised me against going BR based on the fact that my current income (JSA of £65 per week) does nto meet my current expentiture and my SOA was showing that I do not have enough money to live on, to meet my normal day to day expenses. Based on that, the CCCS told me my BR application would be refused.

I have to say I do not understand this at all.


Is this correct? If on my SOA my expenses are more than my income - will the BR application be refused?

Ineedaname

I can't see that would be a reason to refuse BR as it also means no other options are available to you, i.e. you have no money available to enter into a DMP or IVA.

This is why the others have suggested you get a second opinion. Try one of the other charities in Dojoman's links above.

dojoman

gettingready wrote: »

I spoke to CCCS and they advised me against going BR based on the fact that my current income (JSA of £65 per week) does nto meet my current expentiture and my SOA was showing that I do not have enough money to live on, to meet my normal day to day expenses. Based on that, the CCCS told me my BR application would be refused.

I have to say I do not understand this at all.


Is this correct? If on my SOA my expenses are more than my income - will the BR application be refused?

If that is the case there is a distinct possibility that you could be refused BR.

philnicandamy

Depends how much of a deficit we're looking at?

if its a large one the court will ask how are you going to manage once all lines of credit are closed after bankruptcy

i've only ever in over 4yrs seen bankruptcy refused once...so i'd not worry but as dojo said never hurts to get a second oppinion so try one of the other free debt advice lines he suggests

Ineedaname

Unbelievable, that's saying that although you can no longer afford to service your existing debts it's OK to take out more in order to continue to live! Surely that goes against the advice that once you now you are insolvent you shouldn't take on more debt? A black hole?

GettingReady - have you been to the CAB to see what other benefits you might be entitled to, Housing Benefit, Council Tax Benefit for instance? Or you could try this benefits checker.