Start of Scottish BR

ottergirl_2

Hi,
I'm at the beginning of my bankruptcy and would like to ask if there's any hope here for changing my situation- today a CAB advisor told me 'no'. I'd like to make doubly triply sure, because not being completely aware of the ins and outs of all of this is a big part of the reason I'm in this situation.
I went through CAB for my BR, around May, apparently hot on the heels of the law changing up here. My wages vary month to month, but going by my P60s of the past 2 years, my financial advisor helped me get my expenditures sheet filled out, and she didn't think I'd have to pay anything. The AiB wanted my my exact last three payslips instead, and because they were higher than average (end of financial year, I was given all my holiday pay without taking holidays) it was deemed I could pay back £24.27 per month. My financial advisor had gone on a sabbatical, and I briefly spoke to someone else, and I just decided to leave it at that, even though this number seemed ludicrously random to me- I just wanted to get on with it, mistakenly thinking this was the path of least-stress resistance. At No Point was it made clear to me just how important it could be to get your ability to contribute assessed at £0- that this would be the difference between the bankruptcy being discharged after the year and that being it, to you having to not only pay for 4 years, but having absolutely no leeway whatsoever to improve your financial circumstances, since anything extra goes to BR payments.
The bankruptcy started on the 7th September (two months later than it should've been, because they had a 'backlog'), I've been sent a letter from the AiB issuing the DCO, I've set up the standing order-the first payment came out on the 1st of this month, and had my first phone interview with the AiB last Monday 28th September (that was a highly unpleasant, eye-opening, stressful exchange). Off the back of that, I've been sent out a 'Supplementary Questionnaire', detailing all of my answers, with two places for me and a witness to sign.
So, what took me back to CAB today, and the reason I'm writing is, to ask: if I can get my contribution payments down to £0 now (which I can easily do) can that alter my long term situation? A CAB advisor today told me that it was too late- that in fact if I now turned around and disputed the numbers I've been sent to sign, that the contribution itself could come down to £0, but I'd still be under scrutiny for 4 years, and that they might even tack another 6 months on this, as this could be seen as asking for a payment break, and the whole scheme has become punitive.
I am so confused,
and feeling more than a little bit hopeless and helpless.
Does anyone have any specific knowledge that applies here, or know where else I could turn, and whether that's remotely worthwhile pursuing. These forms I'm supposed to sign are due back in a week.
Thankyou for reading,
My compassion and best wishes to everyone out there having to deal with all of this!

Flm67

Hi. I think once it has been set up you're stuck in for 3 years although if your earnings vary the payment can be reduced or increased. Did you explain why there was a rise in your income and that your normal income was usually lower? I hope any future dealings you may have with AIB are not as stressful for you (if you have any).

skintandfat

I went BR in 2011 and it was straight forward


I would write to them (or email) letting them know of your lack of money and decreased income.


The worst thing you can do is ignore it, remember you can go to your MSP if you are having problems- AIB are still answerable to the Scottish Parliament.

coolcait

There's a lot going on in your post, so I'm going to ask some direct questions to try to figure out what exactly is happening. I'll also make some comments on other things that you've mentioned.

Was your interview with AiB itself, or one of the companies that manages bankruptcies for them?

When did you get the letter telling you that you have to pay £24.27 per month? Did you ask for that to be reviewed?

Have you spoken to AiB itself to ask what your rights are in terms of asking for your income and expenditure to be looked at again.

You will be discharged from bankruptcy after 1 year if you co-operate with your trustee. The Debtor Contribution Order (DCO) is a separate thing.

The Supplementary Questionnaire is a standard part of the bankruptcy process. If there's anything in it that you think they picked up wrongly on the phone, point that out to them before signing - and get it changed.

DCOs can be changed.

Being "under scrutiny for 4 years" isn't a very professional way for a CAB adviser to explain that you'll have to send in your income and expenditure at regular intervals, but that doesn't necessarily mean that your DCO will go up.

The bit about it being seen as a payment break is ridiculous - you have to apply for a payment break, and it has to be based on specific circumstances.

Your issue is that you believe that your DCO has been assessed wrongly.

You might be better off finding another money adviser!