Bankruptcy - National Debtline say I can, CCCS say I can't

debtinfo

I think people read to much into this, different organisations may have different opinions on what is best, it doesn't mean that they have any sort of agenda. For instance in this occasion it is far from clear that based on the financial circumstances that bankruptcy is the correct choice, in fact in most cases if you can pay off the debts in 4 years a dmp would be the correct choice

But

What complicates matters here is the personal circumstances. And the fact that may change in the future. It's possible that one advisory is based on the current situation and one is based on the hypothetical future one which is why you get different answers. At the end of the day it is your decision first with regards to the personal circumstances then consequently with regards to the financial ones

Florence22

I have had the same conflicting advice, although different circumstances, re debts.

Community Legal Services said that BR is by far my best option whilst CCCS have just told me that because of negative equity I would not be made BR as there would be no point selling my house.

I'm now unemployed and have no chance of paying anything.

I called the IS helpline and was told that the bottom line is if a judge decides I'm insolvent, then I will be made BR, regardless of negative equity.

I daresay it must be very difficult for the advisors in these organisations to provide definitive help when cases differ so widely, and I have to say I was very grateful for their endless patience and help when on the phone to a blubbering wreck!
If in doubt, I would say always try a general enquiry to the IS, they are also very helpful as long as you're not looking for specific debt advice.

WantToBeFree

3 years ago I was put on a 12 year DMP!!!!!
Now going BR :undecided

System

StillStanding wrote: »

Hi all.
Really don't know what to do here. I'm strongly considering filing for bankruptcy in the near future, and have spoken to both CCCS (with whom I have a DMP with), and National Debtline. Both advisors seemed very knowledgeable, but the CCCS really seemed determined to stop me from going for bankruptcy, saying the Judge would refuse me. (she did say my case was not very straightforward) Here is my situation, which I've updated from a thread I posted a few months ago:

I'm currently on a DMP (debts of approx £17000, started plan in early 2009) with the CCCS, and the majority of my debts are starting to decrease, although it would take at least another 4 years to be totally debt free However over the past few months certain events in my life have made me have a major rethink: In April I was TUPE'D into a new company, and my job role has changed significantly which is causing me a lot of stress, it's basically a whole new job which I do not feel qualified to do.
I have a mortgage on my house (just in my name) that I live in with my wife. My house is in negative equity, and the area in which I live has become a real high crime area over the past few years. I was attacked near my house a few months ago, and this attack has left my wife and I scared to leave the house.
My father in law also passed away last year, leaving my mother in law living by herself. My wife is really worried about her mother (she is an only child) and has made the decision to move back to take care of her. The trouble is, it's in the USA.
What I wanted to know with the debt charities is can I go bankrupt, and move to the USA where I can be with my wife and mother in law (would have some job interviews in the pipeline). Would the courts allow me to do this ? Or would they say "You're paying through a DMP, the debt is decreasing, therefore you must continue with it"? If this was the case, I wouldn't see my wife for 4 years as I'm so sick of seeing her so scared over here.
I'm aware that I have to provide the OR with details of where I have moved to and changes in income etc, and paying into an IPA. (The CCCs advisor said I sounded very knowledgable of bankruptcy terms - which is all thanks to ths forum!)
I just don't know who to believe. I could try CAB as well, but one of my ex work colleagues works there, and I don't want my employers knowing about this at present. :(:(

Hi Stillstanding,

Thanks for posting.

Would you like us to set up another appointment for you with a counsellor to discuss the advice we gave? We'd be happy talk through any concerns you have about the solution we offered.

If you send us a private message with your contact details we’ll arrange a new appointment at a time convenient for you.

Kind regards,

Mat

StillStanding

CCCS_Mat wrote: »

Hi Stillstanding,

Thanks for posting.

Would you like us to set up another appointment for you with a counsellor to discuss the advice we gave? We'd be happy talk through any concerns you have about the solution we offered.

If you send us a private message with your contact details we’ll arrange a new appointment at a time convenient for you.

Kind regards,

Mat

Hi Matt.

Thanks, will do that.

StillStanding

Hi all.
Sorry to bump this one back up the board. Sadly our personal circumstances have got even worse. My wife's uncle died in a tragic accident last week, so my wife is flying back to the USA in a couple of weeks as her mother is really not coping well now.
I'm going to get the forms started and contact the court. I can't stay over here for another 4 years without my wife. Worst 6 months of my life ever!

tigerfeet2006

How can we help?

StillStanding

tigerfeet2006 wrote: »

How can we help?

I'm doing OK with the forms at the moment. Will ask for help with them if I need it (knowing me I will). Guess I've gotta hope for a sympathetic judge.

sundays

Most on here have found the judge to be really nice, mine said something like well now you can move on with your life.
Dont worry about that , even the OR office were really pleasant.
Its quite strange we have a lot of aprehension because of the way we have been treated by our lenders etc, but when you do the deed it is amazing how nice people inc the lenders become.

Florence22

Hi StillStanding, just wanted to wish you the best of luck and to say I'm sorry for all the troubles that you and your Wife are going through xx