Help me!!!!!!!!!!!!!!!!

freshstart2012_2

Hi

Looking for some advice.

I have tried in vain and can no longer carry on in this way.

I currently pay a CCJ for a joint loan that I have to pay as my partner at the time didn’t and even though they have her address I am the only one paying it. I am now going through a divorce with my wife and her mother borrowed me money for a debt which I pay monthly. Since we split up I have been swamped with bills as I had the rented accommodation to pay, mobile phones for us both in my name, pay day loans to try and ease the situation which at the time seemed right but its made things terribly worse. My Ex mother in law now wants the money in Full I owe but I am unable to obtain a loan due to a CCJ (and I don’t expect my family to stand guarantor for me even though none of them own there own property anyway) or she is talking me to court which will be another CCJ. I still pay her monthly but she wantrs it all plus interest.
I have CSA to pay which I don’t begrudge but I don’t see my daughter and I am left with bare minimum without overtime I cant pay everything and that is slowly dying off and to be honest wearing me out.
I am left with around £17000.00 of debt and see no way out and wish to go bankrupt.
How much will this cost?
Can I go Bankrupt?
How long does it take?
Will I have to pay my mother in Law as its not an official loan?
What does being discharged mean?
and do I have to pay anything towards my debts?

Much advice would be appreciated

mazman83

Hi and welcome

You need to get advice from one of the free debt charities,

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

Others:

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

Also please have a look at this Bankruptcy Help: Important topics, factsheets and links

That link will answer a lot of your questions.

You will not be allowed to pay your MIL as that debt will fall into the BR.

OutofDebt-NOT-OutofDanger

Hi,

First of all do read the sticky posts at the top of the forum for more advice and speak to either CAB or CCCS about bankruptcy or other possible solutions. In the meantime, some answers below:

freshstart2012 wrote: »

Hi

Looking for some advice.

I have tried in vain and can no longer carry on in this way.

I currently pay a CCJ for a joint loan that I have to pay as my partner at the time didn’t and even though they have her address I am the only one paying it. I am now going through a divorce with my wife and her mother borrowed me money for a debt which I pay monthly. Since we split up I have been swamped with bills as I had the rented accommodation to pay, mobile phones for us both in my name, pay day loans to try and ease the situation which at the time seemed right but its made things terribly worse. My Ex mother in law now wants the money in Full I owe but I am unable to obtain a loan due to a CCJ (and I don’t expect my family to stand guarantor for me even though none of them own there own property anyway) or she is talking me to court which will be another CCJ. I still pay her monthly but she wantrs it all plus interest.
I have CSA to pay which I don’t begrudge but I don’t see my daughter and I am left with bare minimum without overtime I cant pay everything and that is slowly dying off and to be honest wearing me out.
I am left with around £17000.00 of debt and see no way out and wish to go bankrupt.
How much will this cost? £700 although if you are receiving benefits this may be reduced.
Can I go Bankrupt? You can providing your outgoings exceed your income.
How long does it take? Depends on the time available at your local court. You will need to have taken advice from a debt charity beforehand and completed the required forms first.
Will I have to pay my mother in Law as its not an official loan? No. All debt is included in BR.
What does being discharged mean? Discharged just means that you are no longer restricted. i.e. you can take out credit agreements or be a director of a company
and do I have to pay anything towards my debts? If you have surplus income after your day to day living allowances then yes you will pay an IPA for a maximum of 36 months.

Much advice would be appreciated

sam-wileman

Hi and welcome, there are people on here who are far more knowledgable than me, but I couldn't just read and run. Have you had any other help/advice? my local CAB where great when I faced up to the fact I was being overcome by debt and say they should be your first call.

Not sure of the going BR rate but you can pay a reduced figure if you receive certain benefits.

The standard BR last a year, discharge is when you are offically not a BR anymore, some people are discharged early but there is no fast and hard rule for this. If you have spare money after your living costs than you pay into a payment plan for 3 years. You will have to include your mother in law and cant keep paying her whilst BR its against the rules to prefer one debt to another.

Hope that helps and good luck

debtinfo

What agreement do you have with the mother in law, anything in writing? how much do you owe her? If she was reasonable about the payments could you then afford all your required monthly debt repayments

NeverAgain_2

Just to be clear, the mother-in-law is the same as all the other creditors.

If you go bankrupt they get nothing, or next to nothing.

You might like to mention that when you next speak to the mother-in-law.

I wouldn't normally advise 'threatening' anyone with bankruptcy, but the wretched woman must know you are skint, despite working hard, so she needs to be brought into the real world.

freshstart2012_2

WOW many thanks to all the Great useful info, theres so many to reply to so Im going to do it in one go:

What or how much is classed as surplus???

There is no loan papers in place with my mother in law, I was paying £150 had to go to £100 as Im now paying CSA it really stretching me. she know wants £200 then all of it plus interest.

I no longer see my mother in law or ex wife but I have told her im finacially struggling and rightly she isnt bothered

OutofDebt-NOT-OutofDanger

freshstart2012 wrote: »

WOW many thanks to all the Great useful info, theres so many to reply to so Im going to do it in one go:

What or how much is classed as surplus???
Surplus is anything left over after all your reasonable expenses have been accounted for. Main ones being rent, council tax, CSA, utilities, food, travel (when job related), health costs, contingencies, etc.

There is no loan papers in place with my mother in law, I was paying £150 had to go to £100 as Im now paying CSA it really stretching me. she know wants £200 then all of it plus interest.

Is she able to PROVE IN COURT that you owe the money and how much it is? She may not be able to get a CCJ against you depending on how the money was paid to you (and subsequently by you), but seek independant professional advice on this point.

Also, I agree with Neveragain in terms of bringing her into the real world especially if you would be able to cope with your other debts if she was more reasonable.

I no longer see my mother in law or ex wife but I have told her im finacially struggling and rightly she isnt bothered

As for "she isn't bothered" well she will be if you end up BR (although there's nothing she could do about it)!

Gimpsdad

One little point.

An earlier post indicated that you had to prove that your outgoings exceeded your income. This is not true, if you have a surplus then it may be taken under an IPO/IPA. All debts are included bar student loans/fines etc, so the M-I-L has no more claim than anyone else.

freshstart2012_2

Many thanks again.

I am not denying I owe my mother in law, I have had solicitors letters and I have said I know I owe her and that I am stuggling. She just doesn't give a toss I'm afraid.


I owe her £8500 now I have been paying each month but she wants it all now. I want to pay her but I'm living on the fact that I do overtime and that's drying up so soon I will have more going out than in.


Another question i assume things like sky I will lose and my mobile phone contract?


I don't mind it's just I can't cancel them as I'm in contract.
Do I have to pay the Br fee in one go?

PippaGirl_2

The OR will often allow a basic sky package (so skip the sports and movies etc) and yes mobile phone contracts are not normally allowed, they will expect you to switch to PAYG.
Yes you have to pay the BR fee in one go. It can't happen until it has been paid in full.