help please

nicky7175

hi i am seriously considering bankruptcy, my partner left me and 2 kids feb this year with a mountain of debt mortgage, secured loan in joint names both add up to 160000(i have since moved out of the house but he will not pay for them) a joint bank account with 5k overdrawn that he has spent again he will not pay and i alone have unsecured debts of 40k.
I am now living on benefits not working as looking after my 2 sons so feel this is my only option.
Would just like abit of advice about how easy it is to do and can I put on forms the joint debts to get my name off of them. Oh yeah also had a letter from tax credits saying owe 1700 in joint names again(can that be included) also old debts of electric and gas that i basically cannot afford now with edf can they be included. I really need to wipe the slate clean and start afresh for the sake of my sanity and my boys, i see no other way round it.
Do you have to make a date to go to court or do you just fill out the forms that you can print online and turn up. I havnt a clue how to do this, any advice would be great

RAS

Hi

You need to talk to one of the Debt Charities urgently. The judge will require that you have taken some advice and these are the best folks to talk to.

[FONT=arial,helvetica,sans-serif]Consumer Credit Counselling Service - Website: [/FONT][FONT=arial,helvetica,sans-serif]CCCS[/FONT][FONT=arial,helvetica,sans-serif] Telephone: 0800 138 1111[/FONT]

[FONT=arial,helvetica,sans-serif]National Debtline - Website: [FONT=arial,helvetica,sans-serif]National Debtline[/FONT][FONT=arial,helvetica,sans-serif] Telephone: 0808 808 4000[/FONT][/FONT]

or make an appointment with a debt councillor at your local CAB http://www.adviceguide.org.uk/

The big issue is that you have joint debts as well as your own, as the implications are different.

You need to separate out

My debts - secured and unsecured
His debts (note anything secured)
Joint debts - secured and unsecured

re the bank account, the chances are that the bank will not let you close it, but can you go into the branch, explain what is happening and ask them to make everything joint signatories. That will stop himincreases the debts.

Red1708

nicky7175 wrote: »

hi i am seriously considering bankruptcy, my partner left me and 2 kids feb this year with a mountain of debt mortgage, secured loan in joint names both add up to 160000(i have since moved out of the house but he will not pay for them) a joint bank account with 5k overdrawn that he has spent again he will not pay and i alone have unsecured debts of 40k.
I am now living on benefits not working as looking after my 2 sons so feel this is my only option.
Would just like abit of advice about how easy it is to do and can I put on forms the joint debts to get my name off of them. Oh yeah also had a letter from tax credits saying owe 1700 in joint names again(can that be included) also old debts of electric and gas that i basically cannot afford now with edf can they be included. I really need to wipe the slate clean and start afresh for the sake of my sanity and my boys, i see no other way round it.
Do you have to make a date to go to court or do you just fill out the forms that you can print online and turn up. I havnt a clue how to do this, any advice would be great

Hiya Nicky

Welcome to the forum. As the others have said, please get some prof advice asap.

I don't know a lot about properties or joint accounts but I think that if you declare BR then your name will be taken off the account(s) and the creditors will chase the other party involved for the outstanding amounts.....somebody else will be along soon to confirm this.

As for tax credits again your liability should be removed from the overpaymetn

With regards to gas, electricity and even council tax.....any arrears on any of these will be included in your BR and you can start a clean slate yet still remain with the same provider.

Your priorities are the health and well being of you and your kids if a clean slate is what you need to ensure that then go for it

fermi

Not much to add apart from Red is correct about joint debts/accounts.

These will fall under the rules of 'Joint and Several Liability', which are explained briefly in these two links.

http://www.payplan.com/debt-library/joint-and-several-liability.php

http://www.debtquestions.co.uk/legal_jointseveral.php

The issues you have raised are complex, so please seek professional advice from one or more of the organisations in RAS's post.

RAS

Red1708 wrote: »

Hiya Nicky

I don't know a lot about properties or joint accounts but I think that if you declare BR then your name will be taken off the account(s) and the creditors will chase the other party involved for the outstanding amounts.....somebody else will be along soon to confirm this.

One way to bite OH in the bum!! Sorry that is mean, but if he is clocking up more on the OD, perhaps this will teach him.

Conor_3

nicky7175 wrote: »

hi i am seriously considering bankruptcy, my partner left me and 2 kids feb this year with a mountain of debt mortgage, secured loan in joint names both add up to 160000

Mortgages and loans secured on property are not included in bankruptcy.

PixiePie

fermi wrote: »

You need:

http://www.insolvency.gov.uk/pdfs/forms/6-28.pdf

The guidance notes for filling in this form are at:

http://www.insolvency.gov.uk/pdfs/forms/debtorsguidance.pdf

It must be submitted to the court with this form:

http://www.insolvency.gov.uk/pdfs/forms/form6-27.pdf

with the appropriate fees.

See: 'How to petition for your own bankruptcy' at http://www.insolvency.gov.uk/guidanceleaflets/dealingwithdebt/howtopetition.htm

You can also fill in the forms online, saving them as you go, here:

https://www.insolvencydirect.gov.uk/isolv

Fermi - sorry to be a bit thick - I've filled in the forms from that last link (the forms online, saving as you go). I am confused as to if I have to fill in the forms 6.27 and 6.28 that you can get as word documents from that site *as well* or instead of, as it seems (so far, I've just started on the Word doc) to be repeating everything I filled in online. Also, is there an example of the Form that goes "I (insert name here)(lots of lines in the rest of the box)..." etc? Sounds thick I know, but I'm not really sure a) what to put in some of the blanks and b) if I sound be deleting the (put your name here) etc bits.
Many thanks if you can point me in the right direction (the guidance notes seem to be more about what an unsecured/secured debt is etc for the online form I filled in).

Thank you:o

fermi

I didn't fill the forms in online, so I can't answer any technical questions about the process of doing so.

However, you only need to fill out the paper ones (the pdf / word documents in my post) or the online ones. You don't need to do both sets.

I'm told that once you have finished filling everything in online and are happy with what you have put, you save and confirm the online forms a final time.
The online service then produces pdf/Adobe Reader documents that you can download and print to take to court. These in effect are 6.27 and 6.28 generated by the online service.

Hopefully others who have personally filled in the forms online can help with the ins and outs of it.

owetoomuch

I did the forms on line and when you do the final save and print it will print off both forms for you, it is cofusing as it looks like you have only filled in one form.

allofadither

What fermi says is true. Once you have completed all the sections on-line you have the opportunity to proof read it and make any final amendments. Then you do one last save and it creates a file with 6.27 and 6.28 for you, ready to print off. As many copies as you like.

PixiePie

Many thanks to all, that makes it all a hell of a lot easier
Honest, I'm not really that stupid, just forms give me the wobbles - am paranoid I am unknowingly going to tick the box that says 'go straight to jail, give us your first born and any happiness you are ever entitled to is ours as well now' :rotfl:Silly Pixie