can i go bankrupt as i cant see a way out

crowmans4

can anyone help or advise.
ive posted this on site and someone advised maybe going bankrupt.
i work full time however and pay rent also despite what i am going to copy below. i pay child maintenance and cant afford to pay the mortgage or rates on the old family home that now lies empty for sale,
please see below

can anyone advise i will try keep as short as possible.
i am being harrassed daily by westcott for a credit card for 8k. i did have this card a mint card started in 2002. at worse i belive there was maybe 5k at most on it say in 2008 i believe. in 2009 my then wife got us into serious debt around 50k for the 2nd time. hidden debt some in my name i knew nothing about. this mint card was to be part of an IVA she arranged. i merly signed it as the rest was against her name. the deal was 50k written off if iva paid at £200 per mth over 60 mths. i think this was sometime 2009. in 2010 she left me and took away my kids. she was able to legally prevent me from contacting her or going to our family home. i paid for the home as it was my kids. they left it somwetime in 2011 and i am still trying to sell it and its now on at 159k with 150k owed and in 4th month of arrears. another story.
back to the mint card. while up at the home recently to remove old post as i got a rental when we spilt i found a letter from harrington brookes to confirm the iva wasnt being paid. there was also a court order type sheet attached dated 2010 with both our names on it. the iva has been terminated as of sep 2012. i done an experian check in my name and found 2 cards on it. mint for 8k whicj i assume is my old card but was shocked at the amount and an mbna card i know nothing about from 2008 and bought by polonius in 2010 ? i have written to mint to explain i dont know about this and havent had a mint card or used one since 2008. ive had no card and last time i did was so long ago there was no chip and pin it was signature only. i asked for proof of where and what was spent and if any amounts were being paid back who was paying it as it wasnt for my account. last statements etc i ever got was around 2008 before i thought the iva she sorted took care of it. mint never responded. in december 2012 3 months after harrington brookes terminated the iva i got an email from mint recoveries team to contact them urgently. i didnt as basically its not my bill i feel and they didnt produce copies receipts signatures or were they sending her credit card cheques etc as i know they sent me them in 2008. recently now ive been harrassed by a firm called westcott. i assume they got my address from experian. they have now sent a red letter saying ive ten days to pay this 8k from my mint card or they will take further action. i dont know what to do.
as for the polonius thing from 2010 relating to an mbna account from 2008 ive no idea even about it. never ever had an account from them tho its in my name only?

no point talking to my now ex wife as she lied back then so will hardly own up and shes since quit work to live on benefits leaving me with the house problem and now these debts. ive had to take her to court just to try gain custody of my two kids. slowly i am trying to get on with my life including seeing mu kids once a week and hopefully it will increase now 3 years later.
this debt tho and this harrasment over them is seriously holding me back.
can anyone help and sorry i know i said id try keep it short
thanks

IF

Hi crowsman4 and welcome to the Bankruptcy (BR) Board. First step is to make a list of all your creditors, debts and assets. Secondly and most important is contact one of the following debt charities. Please try these they don't charge and are impartial. They will go through all your options with you and if they suggest bankruptcy then come back to this board and we will help you all we can. Also if your not ‘clicking’ with one of the Debt charities do try another. We advise you to try at least two others for your own piece of mind.
Your BR could be refused if you have not sought advice.
Advice on here does not count, this has to be from one of the Debt Charities, an IP, an Accountant or a Solicitor. The Judge just wants to be sure that you can never come back and try and overturn the order on the basis that you were not aware of all the consequences.

* Blue text on this forum usually signifies hyperlinks, click on the blue links below *

Main recommended sources of help:

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

Others:

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

Please don’t do anything rash take your time and weigh up your options and read everything you can.


For ‘essential’ BR info the ‘Look here first’ sticky by Fermi.

BR friendly home insurance thread.

BR Friendly Bank Accounts ~ [Updated Sep 2012 re: Co-op Cashminder withdrawal]

BR Abbreviations

Beth's Guide Reasons for your BR

Charities who help with BR Fees

Bankruptcy NDL Guide

Basic Bankruptcy Advice & Guide NED CAB

And do remember we’ve all been through this and anything you don’t understand don’t be afraid to ask.


Best wishes
IF...x

crowmans4

thanks for advice.
santander said they would start court proceeding over house if it goes more than 3 months arrears. this is now 4th month and its still not sold so maybe i should wait until the court proceedings happens. maybe it will even sell as ive changed estate agent and reduced price to rock bottom now.

or


maybe it would do me a favour as it would get rid of the other debt also.. the two credit cards ive mentioned that although are in my name are not my debt.

ive no assests once house is gone. even if it sells i will be lucky to clear the fees.

arcon5

Can you post an SOA so we can see what debts there are?

crowmans4

whats an SOA . sorry but not up to speed with all this

mysterio_2

"statement of affairs"

its basically your debts listed your living expenses etc

http://www.stoozing.com/msoc/soacalc.php

sovilla

Is the house in joint names or just your own?

Do you have other debts that are your own?

If you say the debts a not yours and the companies cannot show your signature for them then I don't think they are enforceable. You need them to send you a copy of the credit agreement showing your signature for the credit. They may charge you a fee for doing this.

But yes post up an SOA as people can advise from there.

crowmans4

earn £1300 per month in hand

pay out

mortgage £700 ( havent paid since dec 2012 so 4 months arrears )
rates £100 per month (again 4 months arrears)

rent for were i currently live my half is £250 per mth

petrol £280 per month

child maintenance £180 per month

electric £40 per month

phone £25 per month

house insurance £20 per mth

car insurance £50 per month

car tax £20 per mth

food approx £100 per month

sky tv £55 per mth

entertainment clothing car running costs etc im sure £50 per mth

debts
146k owed on family home along with around £2400 arrears. currently for sale for 159k. cannot sell. in 4th month of arrears so santander staring legal proceeding i am sure

mint credit £8k ( possible fraud by ex wife )

mbna account ( no nothing about again ex wife 7k )

rates approx £500 arrears so far


does this help ?????/
thanks

crowmans4

sorry and yes house in joint names however ive paid mortgage myself from day one. she walked away and left it and has no intrest now she says theres going to be no money coming from it.

ive had a mortgage 21 years tho had to extend it to get into current property....



no debt in my name apart from the two cards that i have queried. they both show as defaults on my credit report...

crowmans4

sorry should have said. past 12 mths house was being rented out so mortgage was being paid. as of dec 2012 tenants left and i cannot rent ot sale. 3 mortgage loans came to end of term and all 3 jumped up from like 2.4 to 4.7 percent i think with santander. so intrest only is 700 per month along with 100 rates. max rental i could hope for is 550 per month . so cant afford to lose that each month while maintaining house and its almost in negative equity as it is....

crowmans4

as for cards i asked MINT for proof they ignored me .
as said yes card was mine when opened in 2002. was put onto iva i believe by ex wife at around 3 or 4k.....


mint seem to have passed it onto this westcott outfit now who are giving me major hassle and harrasement.

dont think mint want to know now....

card was last used in 2009 i think by me...