can i go bankrupt as i cant see a way out

sovilla

crowmans4 wrote: »

yes i have but im told it will cost me £640 to be made bankrupt.
with all due respect man up you say, this is fraud. 16k of debt on cards in my name by my ex wife.
i dont think man up is the correct wording.

Yes but burying your head in the sand is not going to make this go away. Whether its fraud or not the fact is these debts are in your name and you will be chased for them. The card you originally took out although you didnt spend on it im afraid you are liable for that one, you signed for it. If someone else used it then it still comes back to you, ignorance is not a defence.

As for the ones that were taken out in your name you may be able to get them off your back if you can get the signed credit agreement and show its not your signature.

Hoping your house is going to sell to sort all this out is not the best defence.

bodmil

crowmans4 wrote: »

i just want a clean start as ive done no wrong here

Well you have prioritised Sky over your mortgage to be fair...

pb8770

Hi Crowmans4
I went bankrupt in 2008, I am not proud of it but it did get me out of the smelly stuff. I went to the CAB as I went through a debt management company and they were not helping, which in turn ended up with one of my creditors taking out a charging order on my house. As it was the house was in negative equity. I went through the CAB which use their own solicitors and for a fee for each of you which is £640 I think, as you say in your former messages that your house has no equity in it, but going through bankruptcy you could be forced to sell to release what little their is in it. I decided to hand the keys back to the mortgage provider once I had saved up a deposit for a house rental. You will find the companies who are contacting you for money could be collection companies owned by the creditors and they work on commission. Book yourself an appointment with the CAB and you will never look back and mention that your wife took credit out in your name and you are no longer together

dorisday

Hi if your (wife and you) IVA failed payments were stopped then the creditors WILL come after you or your wife as you both were in IVA because your wife is on benefits and you are the one working they have come after the one they know will have available cash.
The best thing you can do here is to go bankrupt seems you have nothing to lose as you are not going to make any money on your house which you are selling.
These debts are not just coming out of the woodwork they will have been in the IVA which you both signed. If only your wife was in it then they wouldn't have come after you.
Please seek help regarding bankruptcy it has its highs and lows but sometimes lets you get on with life.

crowmans4

bodmil wrote: »

Well you have prioritised Sky over your mortgage to be fair...

no i havent

i moved on.
3 years ago my wife left me. she got court orders keeping me from the home or contacting her. i didnt have any contact with my 2 kids aged 7 and 10 then for 8 mths. eventually ive build contact with the younger one twice a week getting court orders. the older ones to close to her mum and is posined towrds me i rarely see her.

my skys in my home were i now live with my partner. i paid the mortgage on the family home as it was being rented until jan this year. this is why i cant pay it now

bodmil

crowmans4 wrote: »

no i havent

i moved on.
3 years ago my wife left me. she got court orders keeping me from the home or contacting her. i didnt have any contact with my 2 kids aged 7 and 10 then for 8 mths. eventually ive build contact with the younger one twice a week getting court orders. the older ones to close to her mum and is posined towrds me i rarely see her.

my skys in my home were i now live with my partner. i paid the mortgage on the family home as it was being rented until jan this year. this is why i cant pay it now

You have debts AND sky, that's all that matters!

crowmans4

bodmil wrote: »

You have debts AND sky, that's all that matters!

and what.
i tell my new partner sorry weve to cancel sky so i can pay a house i havent lived in i n 3 years and i was left to pick up the pices with by my ex wife.
i paid for her and kids to live in it while i could. she left it for me to try sell. a year later still lyin empty cant sell then i got a tenant for a year so happy days morgage is paid and i can try rebuild my life with my new partner in our home.
now the tenants left and 4 months down line i cant sell or rent or pay mortgage so i stop living and put my new partner to side to pay for an empty house thats gona be repocessed anyhow


if youve no good advice to give say nothing please and thanks to all the other HELPFULL folk on here

alastairq

You have debts AND sky, that's all that matters!

sorry.. irrelevant!

To the OP......you are insolvent. {I presume]....in that, you cannot meet your debts as they fall due. [the SKy doesn't make any difference, yet]


You will need to contact one of the debt charities such as CAB, Step Change, or others listed in the stickies above.

As has been said earlier, this is regardless of which route you finally take...and if that route is a Bankruptcy petition, then such consultation will be mandatory for the petition to be granted.


The fees are currently £700.

It is unlikely your creditors will petition BR for you.


Currently, are you renting, or do you [or your partner] own the house you now live in?

Regarding your assertions of Fraud?

If you petition BR, this will be sorted as far as you are concerned.

After all, if the creditors concerned really do believe the cards were used fraudulently, they can then pursue that avenue of enquiry elsewhere to recover what is owed them, can't they?


BR will also protect you from any shortfall claims on the old property... regardless of when it is eventually repossessed.

Once you have decided what to do, come on here for further advice , and help through the process.

crowmans4

national debtline are coming back to me to arrange a face to facxe appointment. they suggest i could go BR and it would cost £640. if this cleared this mess i would do it. one draw back however they say is you may lose your bank account. this would be a disaster as my wage goes into it and ive 5 or 6 direct debits coming out. hopefully they can advise me better at the meeting.
OR
if house goews to court as i got a letter from santander over the weekend saying litagation process will be starting. will the courts make me bankrupt and avoid the fee.......
OR act now before it all goes to court. hand keys bank and pay the fee.........

crowmans4

alastairq wrote: »

sorry.. irrelevant!

To the OP......you are insolvent. {I presume]....in that, you cannot meet your debts as they fall due. [the SKy doesn't make any difference, yet]


You will need to contact one of the debt charities such as CAB, Step Change, or others listed in the stickies above.

As has been said earlier, this is regardless of which route you finally take...and if that route is a Bankruptcy petition, then such consultation will be mandatory for the petition to be granted.


The fees are currently £700.

It is unlikely your creditors will petition BR for you.


Currently, are you renting, or do you [or your partner] own the house you now live in?

Regarding your assertions of Fraud?

If you petition BR, this will be sorted as far as you are concerned.

After all, if the creditors concerned really do believe the cards were used fraudulently, they can then pursue that avenue of enquiry elsewhere to recover what is owed them, can't they?


BR will also protect you from any shortfall claims on the old property... regardless of when it is eventually repossessed.

Once you have decided what to do, come on here for further advice , and help through the process.

i privately rent now and have down past 3 years. the family home is in joint names mine and my ex wife tho im left to clear this mess. she dont wana no as she sees now theres no money in it even if sells. i pay all the bills to d owith house and have done past 21 years despite her name against it.
since we split she has left work and know lives on whatever benefits etc she gets along with maintainence i pay....