SOA Revised having spoken to Stepchange

whatdowedonext

PippaGirl wrote: »

Do you have a proper legal rental/tenancy agreement? I think the OR may look in to this. I'm not saying it will be a problem, just that it will need examining. You didn't quote £325 as your rent in your SOA, so will need to adjust that too.

I've known people whose cars have not been allowed to be exempt who have needed them for school runs and children's activities so I think that will depend on your OR.

The rent figure stated includes arrears it will go back to £325 when paid off.

Lets hope the OR is sympathetic to my needs for the car.

Thank you for the advice

wdwdn

HappyMJ

This house that you are renting and paying 50% of rent for....do you own half of it yourself? What is it worth? Are there any secured loans against the property?

whatdowedonext

rossireps wrote: »

i think you have to include debt to family member in br .
water rates £70! ouch

I will be speaking to the family/friends who we owe money to and explain they will have to wait for their repayment whilst we go BR. Is it possible to use the money we pay them to save up for the bankcruptcy fees? By my reckoning it would take 3 months.

whatdowedonext

tigerfeet2006 wrote: »

Under child related expenses put in school dinners as well. £2 a day for primary and £3 a day for secondary.

Thank you will do

wdwdn

whatdowedonext

HappyMJ wrote: »

This house that you are renting and paying 50% of rent for....do you own half of it yourself? What is it worth? Are there any secured loans against the property?

I have no secured debts on it, I am not going BR it's my husband who has all the debts. The property is in mine and my brothers name only. We have a rental agreement stating we pay 50% rent.

HappyMJ

whatdowedonext wrote: »

I have no secured debts on it, I am not going BR it's my husband who has all the debts. The property is in mine and my brothers name only. We have a rental agreement stating we pay 50% rent.

You said only 3 posts ago "whilst we go BR".

Are you going to become liable for any of the debts you have listed above?

You said earlier that "We defaulted and it was repossed." If the mortgage was taken out jointly you now become liable to make the payment on it.

Do you have any income of your own?

Why is the CSA payment only £250 a month?

Why do you not get any Child Benefit? On that level of income there should still be an entitlement to Child Benefit.

dancingfairy

HappyMJ wrote: »

If the mortgage was taken out jointly you now become liable to make the payment on it.

.

I agree with this. Whose name was the mortgage in on the repossesed house? Also how long ago was it repossessed and you moved into the new rented house? Reason being is that whilst the house is in the name of you and your brother you need to be careful to establish that your husband doesn't have any interest in the property. Obviously if you have been renting it for a while then there could be an argument that your husband has contribted to the mortgage (and therefore the OR may be interested in ay equity).

I think you need to think this through a bit more.
Best of Luck
df

HappyMJ

Personally, I think that you and your brother should put the property up for rental. You would then have a personal income of £325 a month and then be liable for 10% (due to having 10% of the joint income) of the joint expenses. You and your husband should then rent somewhere else and your husband would be liable to pay 90% of the rent due to him earning 90% of the household income. The IPA would then be reduced to almost nothing.

The arrears on the tenancy you have with your brother becomes your debt. They cannot be included on your husbands monthly expenses.

dancingfairy

They need to sort out whose name the old mortgage was in first and whether the wife would be liable for the mortgage shortfall. If so then it's likely she will have to go bankrupt and if this happens then they will defintely have to look into the ownership of the property that the OP currently rents.
I'm also assuming that if the property was rented out privately then the rent for the property might be higher (I think I read it was being rented out at below market rate?).
df

kepar

DF that was my feeling to. But also if the OP's name wasn't on the mortgage she may have lived there long enough to have had BI in the property. We have posters on here all the time claiming BI when the OH is be going to be made br, so surely it should work the other way as well and the mortgage companies may be able to chase the OP if she lived in the house long enough.