bancrupt and loosing home

mikec123_2

I was made bancrupt in 2010 Not for Morgage arears But for tax owing from when I was self employed. They also decided to claim back monies for tax credits for a period of 3 years even though I was entitled to it. My year was up in october 2011 I was taken to court by the OR to take my home which is part owned with my wife they wanted us out on the 29th December so went to the coucil for help. They told us to find a home we have 4 children still living at home from 8 to 16. we have tried getting private rental but can't get anything near to the schools and have been told a lot of places need a gaurentor (thats an imposability) Also rentals Seem to be more or as much as I earn in a month. Also have no savings. can any one give me any advice.Im at the end of my tether.

Ineedaname

Housing benefit can only be claimed once you have a home/rent to claim it for!

OP - where are you living now?

G51shopaholic

How much did you owe them?

Seems very heavy handed to take your home. my sister-in-law and her husband went bankrupt but got to keep their home as they have 3 kids; aged 12, 6 & 4. Apparently she told me they could take her home due to the age of the kids.

As for your tax credits, if you under-estimated your income then you'd have been overpaid tax credits and therefore the clawback is reasonable.

Is there any equity left in the house?

Did you take legal advise as this sounds very harsh

debt_doctor

Hi,

Once a year has passed it has been held that the interests of the creditors outweigh the interests of the bankrupt, hence this action.

You must apply to your council and make a Homeless application. Your council, like any other, has statutory duties towards those who are homeless. You must pass the 5 tests of homelessness to be permanently re housed by your local council;
1 eligibility - do you have a right to live in the UK?
2 homeless or threatened with homelessness within 28 days - you pass this test
3 priority need - you pass this test as you have children
4 intentionally homeless - can't see how this could be placed against you
5 local area connection - do you live or work in the area that you have applied to?

You must go back to your council (contact your local councillor) and INSIST you want to make a homeless application.

DD

minicooper1961

debt_doctor wrote: »

Hi,

Once a year has passed it has been held that the interests of the creditors outweigh the interests of the bankrupt, hence this action.

You must apply to your council and make a Homeless application. Your council, like any other, has statutory duties towards those who are homeless. You must pass the 5 tests of homelessness to be permanently re housed by your local council;
1 eligibility - do you have a right to live in the UK?
2 homeless or threatened with homelessness within 28 days - you pass this test
3 priority need - you pass this test as you have children
4 intentionally homeless - can't see how this could be placed against you
5 local area connection - do you live or work in the area that you have applied to?

You must go back to your council (contact your local councillor) and INSIST you want to make a homeless application.

DD

All of the above - and contact shelter who can help you in the right direction to do all of the above.............

direstraits2012

I just wanted to offer my support. Me and my family have been homeless since beginning of December and cannot rent privately either. As advice above, I cannot recommend 'Shelter' more highly. It took me all day to get through to them but their advice was well worth the wait. Go back to the council armed with advice from Shelter and you will find yourself better informed of your rights, the law and how councils work. Good luck with everything.