Ask a StepChange (formerly CCCS) counsellor a bankruptcy question

StepChange_James

megabite wrote: »

Hi there. just trying to find where I'd find help or information I can quote and reference.
I'll give the points as I've been given, if clarification is needed I'll find out the details.

My girlfriend had an IVA 3 or 4 years ago.
She got an inheritance (grandparents will).
A large portion got taken by debtors.
3 years later, now she is financially stable, her grandfathers care home is asking for fees to th tune of £11,000 for care during her grandfathers ilnes.
Her estranged mother has paid her part of the fee's with her part of the inheritance.

So.
If she had an active IVA at the time the bill was incoured by her grandfather, the inhertiance has gone (to debtors iirc). id she still liable 3 years later?
Where can I find proof to send to the care home if she is not liable.
who should we contact for support on this?
CAB, Soliciter, or are we best dealing with it our selves?

Thanks you for any help or assitance.

Hi Megabite,

I've got say that I've not come across this problem before. I think it's probably best to get some advice from someone with legal training. A good place to start might be the CAB board on the forum: http://forums.moneysavingexpert.com/forumdisplay.php?f=241.

If you copy and paste your post here they should be able to at least point you in the right direction, if not give you an answer.

Kind regards

James

hopelessboy

hi all
from quiet long time I am reading these forums becouse of I am in huge debt. Nov 2012 I started a dmp with cccs its a great releif from the stress. But now I want some advise my whole story detail is here.
total debt 29000
dmp started nov 2012
dmp payent 127
dmp ayment changed in may 107
dmp till 2033
all debt are unsecured and under my name
joint mortgage interest only
when we bought this home we borrow 56000 from my wife parents
its also on documents too.
in feb2013 because of my huge debt my wife want me to transfer joint property to her sole name so I did this coz I have no other option. But my name is still on mortgage.
I want go go for br coz the lenght of dmp and other thing is there is no hope in near future that I got any money to clear my debt.
please advise me what should I do coz I am going through a lot of stress I want to be debt free but there is no hope I can see till 2033 if am alive till that time.
please advise

StepChange_James

hopelessboy wrote: »

hi all
from quiet long time I am reading these forums becouse of I am in huge debt. Nov 2012 I started a dmp with cccs its a great releif from the stress. But now I want some advise my whole story detail is here.
total debt 29000
dmp started nov 2012
dmp payent 127
dmp ayment changed in may 107
dmp till 2033
all debt are unsecured and under my name
joint mortgage interest only
when we bought this home we borrow 56000 from my wife parents
its also on documents too.
in feb2013 because of my huge debt my wife want me to transfer joint property to her sole name so I did this coz I have no other option. But my name is still on mortgage.
I want go go for br coz the lenght of dmp and other thing is there is no hope in near future that I got any money to clear my debt.
please advise me what should I do coz I am going through a lot of stress I want to be debt free but there is no hope I can see till 2033 if am alive till that time.
please advise

Hello,

Thanks for posting. 20 years is a very long time to be on a DMP. I don't know much about your situation but if you're expecting to be able to increase your payments in the future then the timescale of your DMP will then reduce.

If you're not expecting things to improve then it may be worth giving us a call and requesting a review to look at your other options.

Bankruptcy might be worth considering but your property will be looked at and the courts will appoint an "Official Receiver" to investigate whether they think you've got any "beneficial interest" in the house. They may see some of the property as being your asset even if you've taken your name off the property.

Again, if you call us up we'll be able to talk you through how this might affect you.

Kind regards

James

theG

I was BR in july 2011, Was discharged early in Jan 2012. Had a letter through from OR etc...

I was due a tax rebate for the year from April 2011 and applied for this end of 2012 ( 8 months after discharge ). I had a call from the company saying that I have £850 to come back after there share and wanted my bank details to deposit. Then I got a call back about 10 minutes later saying sorry it won't be released as its going to the OR!!!

Is this correct?? Did the OR take it after my discharge because it was tax due back from while i was bankrupt?? If I claim anymore tax back or any inheritance is left to me in the future will taken too??

StepChange_James

theG wrote: »

I was BR in july 2011, Was discharged early in Jan 2012. Had a letter through from OR etc...

I was due a tax rebate for the year from April 2011 and applied for this end of 2012 ( 8 months after discharge ). I had a call from the company saying that I have £850 to come back after there share and wanted my bank details to deposit. Then I got a call back about 10 minutes later saying sorry it won't be released as its going to the OR!!!

Is this correct?? Did the OR take it after my discharge because it was tax due back from while i was bankrupt?? If I claim anymore tax back or any inheritance is left to me in the future will taken too??

Hi G,

Because the tax rebate relates to the tax year you were an undischarged bankrupt it does make sense that this would go to the OR rather than you. Future rebates, from tax years after you've been discharged should go straight to you.

Similarly with inheritances, if the person died after you'd been discharged then the money should go to you.

You could always give the OR's office a call to clarify these things, particularly if you are due an inheritance from somebody who died around about the time of your bankruptcy/discharge.

Kind regards

James

hopelessboy

StepChange_James wrote: »

Hello,

Thanks for posting. 20 years is a very long time to be on a DMP. I don't know much about your situation but if you're expecting to be able to increase your payments in the future then the timescale of your DMP will then reduce.

If you're not expecting things to improve then it may be worth giving us a call and requesting a review to look at your other options.

Bankruptcy might be worth considering but your property will be looked at and the courts will appoint an "Official Receiver" to investigate whether they think you've got any "beneficial interest" in the house. They may see some of the property as being your asset even if you've taken your name off the property.

Again, if you call us up we'll be able to talk you through how this might affect you.

Kind regards

James

hi james
thanks for your reply
i spoken to cccs first they recoment me IVA but later they said i am not qualify/ so thats why i am considering b
BR coz thats the best option for me or rather i try some other company to setup my IVA . i heard about swift debt help they are working for harrington brooks. i might contact with them to setup an IVA for me.
thanks

StepChange_James

hopelessboy wrote: »

hi james
thanks for your reply
i spoken to cccs first they recoment me IVA but later they said i am not qualify/ so thats why i am considering b
BR coz thats the best option for me or rather i try some other company to setup my IVA . i heard about swift debt help they are working for harrington brooks. i might contact with them to setup an IVA for me.
thanks

Hi there,

It's definitely worth exploring all the other potential options rather than being on a DMP for 20 years.

If you're going to set up an IVA I'd suggest bearing in mind the reasons why we advised against it when you came to us. It might be that those reasons don't apply anymore, but if they do it's worth being cautious when looking at this option.

Sorry if that sounds a bit vague, it's hard to give specific advice without knowing more about the circumstances.

Bankruptcy may still be an option too, I'd just recommend giving our client support team a call first as they'll have all your details to hand and can tell you how it would affect you.

Kind regards

James

partygirl422uk

Hello

Will I suffer from my fathers bankruptcy?
We have the same surname and live at the same address?

StepChange_James

partygirl422uk wrote: »

Hello

Will I suffer from my fathers bankruptcy?
We have the same surname and live at the same address?

Hello,

I can't see why. If you've got any joint debts then you'll be soley responsible for them. If you've ever had any financial accounts with both your names on then you'll be marked as financially linked on both your credit files.

If neither of these things apply then I think you're unlikely to have any problems as a result of him going bankrupt.

If the property you live in is owned by your father then there is a possibility it could be affected by the bankruptcy, but your father should know about that if it's an issue.

Hope this helps.

James

Xbox_Widow

Hi, im looking for a little advice please. My beloved got himself in a bit of a financial mess prior to meeting me. He went bankrupt in March (he really had no choice, we were paying £650 a month purely in his debts!!!), to which we moved in with his mother to save some cash (the OR has given him 12 weeks to save some cash to be able to allow us to get a new place). The issue Im having is that I come off a mortgage which I took out with my x partner 4 years ago, and plan on buying again on my own on 1 of the rent to buy schemes. I have nothing in the same name as my other half, as it was my flat he moved into so everything has been in my name. The only thing he was on was the council tax. This is putting strain on us because I am fretting over this 12 week deadline, I have recently changed jobs so not had a wage in 6 weeks, the boyfs self emp on price work, and the weather hasnt done us any favours, and we havent got a stick of furniture for the new place at the minute, with 4 weeks to go, as well as worrying about my own future plans, such as getting another property? Is this Bankruptcy going to severely affect me?