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Ask a StepChange (formerly CCCS) counsellor a bankruptcy question

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  • StepChange_Private_Messages
    StepChange_Private_Messages Posts: 120 Organisation Representative
    Part of the Furniture 100 Posts Combo Breaker
    hi
    i'm hoping for some help for the past 4 months I have been paying my monthly tax amount to a company on behalf of the official recievers which has been fine whilst i have been on full pay, however i am due to start recieving statutory maternity pay from february onwards and I know i still have to pay the tax till april but i don't know how much i have spoken to the recievers and they say that i need to speak to the 3rd party company and they will work out the amount but the 3rd party company say that they do not do this they will take what the reciever tells them to take, where do i go from here?? i need to know how much to pay as i always pay the amount straight from my wages on payday before i even touch my wage myself?

    Hi,

    With this the very best thing to do is to speak to the official receiver. They may not be aware your pay is going to change to statutory maternity pay. The OR is the best person to be able to tell you how you will be affected and what to do next.

    I hope this helps.

    Thanks,
    Jess
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
  • vulture_fodder
    vulture_fodder Posts: 10 Forumite
    edited 16 January 2014 at 6:28PM
    This is a great forum but I'm getting a bit lost being directed to different ones to get answers but hopefully this one will supply the info I need.

    I owe 62k in credit cards and loans which existed while I was in my previous marriage. ALL the debts are in my sole name.
    I got divorced in 2004 and meet my current wife who I married in 2007. I was so ashamed of my debt situation I hid it from her for two years until an operation and six months on sick pay caused me to fall behind with my payments leaving me no option but to confess the extent of my debt to her.

    I went into a DMP in 2010 which I paid for two years before being advised by the DMP company to go into an IVA which I did. Both these processes cost me more money on top of my debt!

    Soon after I discovered my current job would be relocating in 2015 and so I would be looking for other employment.

    In desperation I answered a letter from another credit resolution company who, for more money, told me to stop paying the IVA and seek BR on termination. I stopped paying last February and received the termination notice last October. I sent it to this guy but haven't heard from him despite steps to contact him! I think I've been duped and am another grand worse off!

    I contacted the National Debtline Charity the other day because I'm now in limbo but was shocked to be told that if I sought BR the house may be at risk as I could be considered to have a beneficial interest in the property.

    Aside from ALL the debts being in my sole name my bank account is also in my name. We have no joint accounts anywhere. The mortgage is in my wife's name ONLY as she was divorced and living here before she met me.

    I would go for BR tomorrow but the fear of making my wife suffer for my problem is holding me back.
    I also cannot understand why her income should be factored into my ability to pay back my debts.

    Any positive advice would be greatly appreciated and apologies if I have waffled on a bit!
  • StepChange_James
    StepChange_James Posts: 861 Organisation Representative
    Jamtoe wrote: »
    Hi guys,
    My bankruptcy finishes in November this year however I have an ipo for the next 36 months. The amount has been agreed but my question is can the amount change after my discharge from bankruptcy date in November.

    Thank you

    Hi Jamtoe and thanks for your question.

    Your IPO can be changed if you have a change in circumstances but it is up to you to inform your Official Receiver.

    I hope this helps.

    Kind regards,
    James
    I work as a debt advisor for StepChange Debt Charity (formerly CCCS) and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy

    If money worries are keeping you awake, read Paul's success story at Need to Sleep

  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    This is a great forum but I'm getting a bit lost being directed to different ones to get answers but hopefully this one will supply the info I need.

    I owe 62k in credit cards and loans which existed while I was in my previous marriage. ALL the debts are in my sole name.
    I got divorced in 2004 and meet my current wife who I married in 2007. I was so ashamed of my debt situation I hid it from her for two years until an operation and six months on sick pay caused me to fall behind with my payments leaving me no option but to confess the extent of my debt to her.

    I went into a DMP in 2010 which I paid for two years before being advised by the DMP company to go into an IVA which I did. Both these processes cost me more money on top of my debt!

    Soon after I discovered my current job would be relocating in 2015 and so I would be looking for other employment.

    In desperation I answered a letter from another credit resolution company who, for more money, told me to stop paying the IVA and seek BR on termination. I stopped paying last February and received the termination notice last October. I sent it to this guy but haven't heard from him despite steps to contact him! I think I've been duped and am another grand worse off!

    I contacted the National Debtline Charity the other day because I'm now in limbo but was shocked to be told that if I sought BR the house may be at risk as I could be considered to have a beneficial interest in the property.

    Aside from ALL the debts being in my sole name my bank account is also in my name. We have no joint accounts anywhere. The mortgage is in my wife's name ONLY as she was divorced and living here before she met me.

    I would go for BR tomorrow but the fear of making my wife suffer for my problem is holding me back.
    I also cannot understand why her income should be factored into my ability to pay back my debts.

    Any positive advice would be greatly appreciated and apologies if I have waffled on a bit!

    Hi,

    Welcome to the forum.

    If you were to apply for bankruptcy the Official Receiver (OR) would look at the household situation as part of your statement of means. This is just to see what you pay in the household to see if you can contribute towards your debt.

    The property is in your partner’s name but the OR would look to see if you have any ‘beneficial interest’ in the property despite not being named on the mortgage. ‘Beneficial interest’ is having interest in any proceeds from the sale of a house – for example if you contributed to the deposit. The Insolvency Service has a PDF clarifying it here.

    I know you’ve had conflicting advice in the past that has sent you down the wrong path with solutions I strongly suggest you get some free, impartial debt advice.

    We could look at your situation and give you clear advice on what to do next. You can use our confidential online advice tool Debt Remedy or contact us to speak to an advisor.

    I hope this helps.

    Thanks,
    Jess
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • dmcw
    dmcw Posts: 25 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Hi. Am having a nightmare. After months of deciding whether this is the best option. I have now made my mind up to proceed. My debts are from circumstances, separation and the two debts are barclayloan and barclays mortgage. I currently have a bank account with Nat West who have told me that I would have to rebank. I am being told that the only bank offering a bankruptcy basic bank account is barclays. I made an appointment and filled in the forms only to be refused which I expected due to my debts being held by them. Co op no longer take on any new customers. Where can I go? We have a credit union but they do not provide direct debit facilities. I have no family who would open an account in their name. I feel so desparate.
  • I was in a similar situation this year. I went to Barclays weeks before my BR and they refused point blank to open a Cash Card account because I had an outstanding OD, loan and Barclaycards with them.

    On the day of my BR, after getting my Bankruptcy Order I popped into Barclays and they couldn't have been nicer. They then allowed me to open a Cash Card account and I got my new debit card through this week.

    It makes sense really. Pre-BR, you still owe them money, so they're reluctant to give you another account. Once you go BR, you don't owe them money anymore so you can open an account with them.

    I opened a Cashminder account with the coop too the day before my BR and the debit card has come through for that too. It was a backup and I dont know if it will last.
  • dmcw
    dmcw Posts: 25 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    The co op are saying if i open an account then that will be frozen as they are no longer issuing accounts to undischarged bankrupts. I wanted to have everything in place for BR so that i dont have dd bouncing as that could become costly. Seems as though you have to deal with it as it happens.
  • Hi stepchange people
    please would one of you be able to look at my two recent threads (last one is 'so would it matter if we declared BR 3 years apart) its all to do with a house that I owned until July 2012. I 'gifted' it to my ex but have been informed that the OR can overturn this. my ex and sadly my son could become quite violent and abusive if anything happens to this house :(
    please help
    Bella
  • my previous thread to that was Questions re Bankruptcy where I explain as fully as possible the situation with the house and my ex husband :)
  • dmcw wrote: »
    The co op are saying if i open an account then that will be frozen as they are no longer issuing accounts to undischarged bankrupts. I wanted to have everything in place for BR so that i dont have dd bouncing as that could become costly. Seems as though you have to deal with it as it happens.

    Hi I opened an account with Barclays explaining the circumstances and they were fantastic.
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