SOA Pretty scary please be kind!

gettingitsorted

savagevixen wrote: »

Do I have to pay court fees ?

You may not have to pay a court fee if:

a) You are on Income Support, or

b) Working Tax Credit, where child tax credit is being paid or there is a disability or severe disability element and the gross annual income taken into account for the calculation of working tax credit is £15,450 or less, or

c) Income based Jobseekers Allowance, or

d) Guarantee credit under the State Pension Credit Act 2002, or

e) Payment of a fee would cause hardship to you.

f) You are in receipt of "Legal Help" from a solicitor, or

g) You are in receipt of a "funding certificate" from the Legal Services Commission. You must complete court form "Ex160", (application for a fee exemption or remission) for each court fee you cannot pay for one of the above reasons.

Are the court fees £150? each?

Me again:D

The Court fee of £120
In some circumstances the Court may waive this fee; for example, if you are on Income Support. If you are not sure whether you qualify for a reduction in the fee, or if you are exempt from paying the fee, Court staff will be able to advise you.


The deposit of £250 towards the costs of administering your bankruptcy.
This deposit is payable in all cases.


The fee to swear the statement of affairs.
In a County Court, no charge is made to swear the affidavit, which is part of your statement of affairs. But in the High Court or before a solicitor there is a £7 charge.

If you are a married couple and you are both applying for bankruptcy, you will each have to pay separate fees. If you were in business as a partnership, each partner will have to pay separate fees, unless all the parties apply for a joint bankruptcy petition under the Insolvent Partnerships Order 1994 (Form 16).

Bakeybadoo

So, as a recap with the new information, it helps to have it all straight for filling out forms etc:



YOUR DEBTS:

Natwest Overdraft - £1200
Capital One - £160
Next - £500

= £1860



YOUR INCOME:

Benefits - £1,371

---

HUSBANDS DEBTS:


Natwest Loan £17500
Capital One - £80

= £17580



HUSBANDS INCOME:

£902

---

JOINT DEBTS:

Natwest overdraft £1000
Housing Benefit £750
Oil on parents credit card £300
Sons diagnosis - £1600
Family Loan - £5000
Council Tax Arrears - £465
Water Arrears - £254

= £ 9,369

Bakeybadoo

savagevixen wrote: »

The Administration Order looks way to complex and really scary. And I have no ccj so why did cccs suggest it?

No idea at all.

An Administration Order isn't scary, it's a lesser proceedure than BR but yes, you do require at least one CCJ so I have no idea why they'd suggest it.

Bakeybadoo

Ok, I looked up what happens with Joint Debt in regards to BR and:

If there are joint debts and one person petitions for bankruptcy then the creditor will seek full claim of the debts to the person who is not bankrupt.

If both parties petition for bankruptcy then the debt will be classed as a bankruptcy debt which means the creditor will need to make a claim to the Official Receiver.

So, if your OH goes BR, the debts will be fully payable by you.

If you both go BR, it's obviously written off.

In light of that, yes, I'd advise you both file for BR.

savagevixen

Family loans aren't counted in Bancruptcy are they?

Bakeybadoo

No. Not that I'm aware of. Since it's not a formal agreement and you have no legal proof.

savagevixen

So basically bakeybadoo, the way you have set it out nicely for me... is that kind of how you do it on the necessary forms?

Is it better to do it online?

And how soon do you do it. Do I leave my payments coming out of my overdraft. Do I cancel them and incur charges?

What is the best way forward?

savagevixen

And are the amounts acceptable if advised by CCCS?

Bakeybadoo

Ok, well as for the amounts, yes, they are pretty standard but each OR has different views. Some let you have X amount for A whereas another will say it needs to be less. But a good starting point is what you saw on CCCS.

Now, firstly, get some professional advice. Call CCCS or NationalDebtline or visit CAB.

Then sort out a parachute bank account, just a basic one if you don't already have it. No credit card/debit card/O/D or cheque book. Try Co-Op Cashminder, we got one and we have rubbish credit. That or Barclays or Nationwide.

Once you file, the OR will freeze your accounts (usually let you keep a basic one, as long as it has no huge stash of cash in it) and so you need to arrange benefits/wages to go into the basic one. The OR will probably look at it to check what's in it but won't touch it normally - well, so long as it's being run properly and there is no suspscion.

Then next, you need to have enough money to file for BR. We've established that you would both be eligble for a waiver in the court fee but you would both need to pay £325 each for the rest.

That is payable at the court so you need to know you have that amount before submitting the online forms as it could be as early as 3 weeks after or as long as 3 months after, that you get your court date.

It is better to do it online as you can then go back and change things before printing it and then submitting it to the court.

I cannot advise you exactly what are in the online forms as I've not yet completed one but you will need all the information supplied here but be very accurate with figures and dates, if asked.

As far as I'm aware, they ask for a SOA, so yeah, similar to what we asked you to post here. Along with other details like employment history, dependents, reason for BR, bank account details etc.

Bakeybadoo

Read this, it takes you through BR:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=01_bankruptcy