Declaring Bankruptcy while abroad!

rog2

Hi fallout - I'm glad that that issue is sorted. Now the next thing for you to do is to go to the Insolvency Service Website: http://www.insolvency.gov.uk where you can download the forms and start to fill them in.
Any questions, just ask - plenty of experience on this board.
The next 'problem' is filing for bankruptcy whilst you are in Spain. There are companies that will do this for you, but they charge high fees. It would be much simpler if you could get on a plane and come to England to actually file the papers. The High Court, in the Strand, London operates on a 'no appointment necessary' basis.

fallout_2

Thanks rog! I mentioned to the bloke from CCCS about going to the Strand in London (cos I saw it here) and he said I could go to any county court and do it.
However, I'd prefer to take advice from you guys cos he didn't exactly inspire me with confidence on the phone.
One thing though.....about the matter of a Brit address. I've got no family left there you see.....yes i have a few old friends but I doubt they'd be too happy about letting me use their home address as a contact for this for fear of their address getting blacklisted or something.
Providing I can find a way round that (fingers crossed) do I just go to the court with the papers and queue? Do they do it there and then? And what about meeting with the OR as I understand that I have to do that as well?
And I've just had a look at the forms for download from the insolvency site, but there appears to be dozens of different ones. Can you tell me which ones I have to get?

soapydoapy

I think sometimes people try to get out of a mess and cause themselves a bigger one! I have done that.

fermi

fallout wrote: »

Providing I can find a way round that (fingers crossed) do I just go to the court with the papers and queue?

Yes. As long as you get there early enough.

Do they do it there and then?

Yes.

And what about meeting with the OR as I understand that I have to do that as well?

Yes. On the day, but it's a bit of a hike to the OR's offices. See this post about the day at the High Court:

http://forums.moneysavingexpert.com/showthread.html?t=541002

And I've just had a look at the forms for download from the insolvency site, but there appears to be dozens of different ones. Can you tell me which ones I have to get?

For personal bankruptcy you need these two plus the notes:

Debtors Bankruptcy Petition:

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

Statement of Affairs (Debtor's Petition):

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

Statement of Affairs (Debtors Petition) (Guidance Notes):

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

fallout_2

soapydoapy wrote: »

I think sometimes people try to get out of a mess and cause themselves a bigger one! I have done that.

Not sure I understand.....can you elaborate?

And many thanks for those links fermi! :beer:

fallout_2

OK....thinking about this today and the costs involved in declaring bankruptcy plus the travel costs of getting back there.....is it better for me to sit tight and wait to see if they'll do it in my absence?
Bear in mind the debts are spread over 4 different cards with each one being between £9-10K. And it looks like they can't do a lot to me anyway because I'm not in the country, and legally I don't own the house.
The CCCS guy said to tell them I can only afford to pay each one £1 a month, but the only thing with that is presumably they'll keep lumping on interest to the tune of about £200 each a month which is going to make it look worse.
Any thoughts?

fallout_2

Can anybody advise on the above? Cheers guys!

fermi

fallout wrote: »

Can anybody advise on the above? Cheers guys!

Personally, unless they are certain that you have assets that will be easily realisable by the OR I can't see why any creditors here would petition for your BR. They would each have a lot to lose.

Remember, it costs a creditor a lot more to make you BR than it does to do it yourself and they would have zero guaranteed return. Even if you go delinquent on the accounts, I would have thought they would be more likely to sit on them and hope for a return or sell them on to someone else so they get something back.

fallout_2

fermi wrote: »

I would have thought they would be more likely to sit on them and hope for a return or sell them on to someone else so they get something back.

Thanks fermi! I spoke to the CCCS again, and only spoke to a helpline guy rather than a counsellor, but he seemed to know a hell of a lot more than the other bloke.
He reckoned they'd just keep it on file rather than write it off, but basically said it would be extremely unlikely I'd ever get a visit from a debt collection agency if that's the way it went.
In these circumstances, bearing in mind where I live, which is about 100 miles from any cities in a rural area populated by cave dwellers, mainly Gitanos (Spanish Gypsies), I would imagine I wouldn't be seen as much of a hot prospect to DCA's.

rog2

Another point, worth bearing in mind, fallout, is that, providing you make no payment towards, or acknowledge in writing, a debt for six years, then that debr becomes 'statute barred', under the terms of the Limitations Act, 1980, and, once you have informed a creditor, or his dca, that you will not be paying it because it is statute barred (the ONLY reason you need to give) then that debt can, no longer, be pursued through the courts.