Declaring Bankruptcy while abroad!

fallout_2

I've now spoken to CCCS and they're ringing me here for a full telephone appointment tomorrow.

rog2

fallout wrote: »

I've now spoken to CCCS and they're ringing me here for a full telephone appointment tomorrow.

Good luck with your interview, fallout.
I know that there are complications about declaring bankruptcy, in the UK, whilst living abroad. Usually the advice is to get a cheap flight back to the UK and declare, but it can be done and CCCS will be best able to advise.

inmypocketnottheirs

fallout wrote: »

I don't understand mate....wonder about what? I'm only asking for advice relating to the situation I'm in, and I'll be contacting CCCS today to see what they think.

Only from the point of view it took you a few posts to mention the fact that your two children have beneficial interests in the property in Spain. This would have a major bearing on any avenue that you would go down. It just seemed strange to me that it was mentioned later and not earlier in your posting.

Call me cynical, perhaps I spend too much time around here .

rog2

inmypocketnottheirs wrote: »

Call me cynical, perhaps I spend too much time around here .

Hi impnt, I think we ALL become a bit cynical around here - it's easy for people to deliberately post 'wind-ups', but it's also easy for genuine posters to omit information when they don't realise its importance.
I'm sure the OP meant no offence.

fallout_2

Seriously guys, I do have better things to do, and enough on my plate, than to go trolling round forums.
I do understand your concerns though....but you've also got to bear in mind that you guys know about all this stuff.....people like me don't.
This is unknown territory, so I don't know what's relevant or not relevant in a situation like this.
Apart from that it's a pretty stressful thing to be dealing with....so I know I'm probably not thinking as logically as I should, or expressing myself very clearly.
But I do appreciate any help or advice you can give me, and hopefully after the CCCS interview tomorrow I'll be able to deal with this situation.
I'll keep you posted on what happens.

RAS

Fallout

if you have only been here for a short while, you may not have come across some of the more difficult threads, because they have been removed quite promptly by the mods.

There have been a number instances of people coming on and winding folk up royally. Either by hi-jacking innocent threads or by setting up "bait".

So please excuse people if they are a bit nervous, there have been some real humdingers in recent months.

fallout_2

RAS wrote: »

Fallout

if you have only been here for a short while, you may not have come across some of the more difficult threads, because they have been removed quite promptly by the mods.

There have been a number instances of people coming on and winding folk up royally. Either by hi-jacking innocent threads or by setting up "bait".

So please excuse people if they are a bit nervous, there have been some real humdingers in recent months.

No probs RAS....I understand!
I expect the Mods already checked my IP address earlier on so they'll know I'm located in Spain as I originally said.

fallout_2

OK.....I've just got off the phone with them now, and I can't say I was very impressed.
I got the feeling that I knew more about the options and procedures than the guy did.
I filled in the forms relating to income and expenditure, and he kept on suggesting I keep adding things to the expenditure list.
Then he turned round and said...."You can't do bankruptcy because your essential outgoings at present exceed your income". !!!!!!?
So I then beefed up my incomings to compensate for the things that he'd added on.
He said the property that I'm a legal trustee of may be taken into consideration, and gave the example of a husband and wife with only one owning the property while the other went bankrupt. So I said what relevance does that have to my situation? My position is that of a legal executor and trustee appointed by the courts.....I've been granted the power to administrate the wishes of the will in accordance with the Law. So how the hell can I have a financial interest in it when I've got the legal papers to say that I haven't? As it is I checked the Insolvency site and the way I read it was that anything held in legal trusts for somebody else are excluded.
Anyway, the guy didn't seem to have a clue and kept having to go away and ask advice....even on whether I could apply for bankruptcy from Spain.
When he found out I couldn't (after an hour) he just said...."Pay the creditors £1 a month then."
So basically it was a total waste of time, and I'm still none the wiser.
All I know is I have £40K of UK debt to clear....and I'm willing to go back to face the consequences.
If anybody can tell me the best way to do it....on here or by PM....then I'd be really grateful....because I just can't go on with living with this hanging over me.

rog2

fallout wrote: »

You can't do bankruptcy because your essential outgoings at present exceed your income.

Which is EXACTLY why people declare themselves, or are declared, bankrupt.

Fallout - I think it is worth your while taking some legal advice regarding the property - you need to speak to a solicitor who specialises in bankruptcy. Maybe CAB can advise.
Then, once you have clarified your position, it might be worth your while getting on a 'cheap' flight to London and submitting a 'debtor's petition' at the High Court.

fallout_2

I've just spoken to my solicitor back in Britain and explained the scenario.....bear in mind he was the one that did all the probate and arranged the legalities of us being executors.
When I asked if the OR could try to make a move for the property in trust for my children because I'm the executor, he said quite categorically...."How can they? It's not yours! And I've got all the legal documentation in my office to prove that you are the executor of the will, and you have NO financial interest in it whatsoever. And that the property legally has to be put in your name because the boys were under 18 and as such could not be included on it."
So he confirmed I've followed all the stipulations of my trusteeship to the letter, so the OR cannot touch my children's inheritance.
So....I'm ready to get it on and face whatever's coming.....where do I go from here?