Advice ex partner gone bankrupt.

vaz_72

Hi was wondering if anyone could help. I am seperated from my husband for past 2 years and seeking divorce. I just found out online that he declared himself bankrupt last February and is now discharged. I however have been left with all the outstanding bills for council tax and unsure what else. we both lived in a property which his name only was on the gas and electric bills will I still be held responsible for that as we were married?

I am unsure what to do as currently not working so very little money and looks like it will take me about 10 years to pay off this debt along with an outstanding electric bill in my name that he told me had been getting paid. I have 3 kids 19, 17 and 5 and really struggle even though living with new partner. Had been advised to go for bankruptcy but not sure if can as he already did and didn't tell me. Any help would be appreciated.

dancingfairy

You are responsible for any debts in your name only, you will also be responsible in full now for any joint debts that you had.
Regarding council tax - did you inform the council tax that you had left x property and to remove your name from the council tax bill and start paying at a new place? Can you prove that you were living and paying the council tax somewhere else?
Unless you can get co-operation from your ex then I would start by getting hold of your credit file from all 3 agencies - experian , equifax and call credit. This will tell you what you are dealing with.
Bankruptcy may or may not be the option at this stage - it's a bit too early to tell.
In theory yes you can go bankrupt although you will need to take advice. This is due to things like how it could affect your future career, any asets you have such as a car etc and also what your living arrangements are at the moment because you need to make sure that your current partners house is not put at risk (does he own the house or is it rented? or do youown it?).
Depending on the size of the debt there may be other options more suitable for you.
Canyou post an SOA on here (there is a template on the maksenseofcards website) which will give people an idea of your income/outgoings/levels of debts/ how many areinyour family/what the set up is regards to the house etc. Without this info it is difficult to give precise advice.
Whilst I recommend posting this info (even if you just call the debts - card 1,card 2etc) if youdon't want to post too much info you will need all this info when youspeak to a debt charity anyway so you should start collecting all this info together.
As well as posting the details on here I would seek help from one of the debt charities such as your local CAB,National Debtline or CCCS as if you do decide bankruptcy is a way forward you will need to proveyou have sought advice and understand all the implications.
That's enough to get you started I think
Best of Luck
df

tigerfeet2006

Not a 100% but I think you will be responsible for the bills. Someone will correct me if you are wrong.

You can definatly go BR. It is individual to the person so him going BR does not stop you at all.

Who have you taken advice from?

The first step is to make a list of all your creditors, debts and assets. Secondly and most important is contact one of the following debt charities. Please try these they don't charge and are impartial. They will go through all your options with you and if they suggest bankruptcy then come back to this board and we will help you all we can. Also if you are not ‘clicking’ with one of the Debt charities do try another. We advise you to try at least two for your own piece of mind. Your BR could be refused if you have not sought advice.

* Blue text on this forum usually signifies hyperlinks, click on the blue links below *


Main recommended sources of help:

• National Debtline - Website: National Debtline Telephone: 0808 808 4000
• Citizens Advice Bureau - Website: Citizens Advice or visit your local CAB centre (find nearest)
• Consumer Credit Counselling Service - Website: CCCS Telephone: 0800 138 1111

Others:

• Business Debtline
  - Website: Business Debtline Telephone: 0800 197 6026
• Christians Against Poverty
• PayPlan
• TaxAid - Help with tax debts.

Please don’t do anything rash make sure you take your time and weigh up your options and read everything you can.

For ‘essential’ BR info this is Fermi’s sticky.

BR friendly home insurance thread.

BR Friendly bank accounts sticky.

BR Abbreviations.

We often ask you to post your SOA so we can see if you have included what you need to:-
MSE SOA Calculator - Click here Select the MSE format at the end. Copy and paste onto your thread.


If you are new/old to this board and receive/see a comment that is not helpful or insensitive please don’t let it put you off posting, often these comments are made by people who don’t normally contribute to this board and don’t speak for us.

What to do if you get an insensitive or hurtful comment.


And do remember we’ve all been through this and anything you don’t understand don’t be afraid to ask.

Best wishes TFx

SteveABC

Hi Vaz_72

I do empathise with your situation and please take all the advice you can, as suggested in Tigerfeet's post above.

Like your situation, my wife left me and went BR without telling me. All our joint debt then became my full responsibility, which I struggled to pay for as long as I could (nearly 2 years). In the end, after taking lots of advice I had no option but to go BR as well.

I had to face up to the scenario - unless I went BR, I would be paying her debts for the rest of my life. Once I got my head around this I went BR.

Although I had to give up my home (which was in negative equity anyway), my only regret is that I deliberated and struggled on for so long.

That was a year ago and I have now been discharged and can begin to rebuild my life again.

Whatever you decide to do, please get lots of advice and I wish you all the best.

vaz_72

thanks to everyone for your advice. I have spoken to couple of debt agencies regards my own debts, and was advised to go bankrupt. But this came out the blue, explains why everything came to me but even though I asked him why I was getting chased for everything he never once mentioned what he did. The council tax is for properties we were in together that I didn't know were not being paid. I currently rent property with my partner so no house involved. Going to see my lawyer on Thurs see what she suggests and hopefully cab. Will look at all options have been given on here and hopefully get some details up.

minicooper1961

SteveABC wrote: »

Hi Vaz_72

I do empathise with your situation and please take all the advice you can, as suggested in Tigerfeet's post above.

Like your situation, my wife left me and went BR without telling me. All our joint debt then became my full responsibility, which I struggled to pay for as long as I could (nearly 2 years). In the end, after taking lots of advice I had no option but to go BR as well.

I had to face up to the scenario - unless I went BR, I would be paying her debts for the rest of my life. Once I got my head around this I went BR.

Although I had to give up my home (which was in negative equity anyway), my only regret is that I deliberated and struggled on for so long.

That was a year ago and I have now been discharged and can begin to rebuild my life again.

Whatever you decide to do, please get lots of advice and I wish you all the best.

Wow that sounds a familiar story, I thought we were very few and far between, glad you are now rebuilding, I still have a way to go {but it is complicated} Vaz good luck to you Mini xxx

SteveABC

Good luck Mini61.

vaz_72

So wrote down everytinhg I owe:

British Gas : £1300

Hydro Elec: £1400

Provi: £400

C/Tax: £2300

Shop Rates:£125

Orange: £142

Mobile 3: £150

Total: £5817

The electricity for Hydro and Gas board are in houses where meter faulty as only lived for 6 months at Hydro one and the Gas one wasthere 1yr 4months and already paid £525. So need to query.

The shop rates were when had shop with ex paid my half but he obviously didn't so left with £125 to pay. I am currently paying £25 a month to council tax arrears.

Have realised though that if I went bankrupt the c/tax would fall on my daughter as she was 18 and living with me. Don't want to do that to her.

If can get electric and gas reduced can possibly pay everything off in 7 yrs.

Anubis_2

You don't need to go bankrupt, you may be able to go for a DRO - better option than BR. http://webarchive.nationalarchives.gov.uk/+/http://www.insolvency.gov.uk/bankruptcy/alternativestobankruptcy.htm

Is a DRO likely to be suitable for you?

To apply for a DRO, you must meet certain conditions:

You must be unable to pay your debts.

You must owe less than £15,000.

You can own a car to the value of £1000 but the total value of other assets must not exceed £300.

After taking away tax, national insurance contributions and normal household expenses, your disposable income must be no more than £50 a month.

You must be domiciled (living) in England or Wales, or at some time in the last 3 years have been living or carrying on business in England or Wales.

You must not have been subject to another DRO within the last 6 years.

You must not be involved in another formal insolvency procedure at the time you apply.

vaz_72

Thanks for advice but unfortunately I live in scotland. I am also not currently working. I have child tax credit, child benefit and maintenance for my child. My oldest son will be going to college so no tax credit or child benefit for him anymore.