Bit of advice if you dont mind

moyilla

debt_doctor wrote: »

Your pets are safe ( not that your going to mention them on the BR forms anyway ) S for your expenditure your h/k could go up to £800, your clothing could go up tp £120. Trim back the phone. Always difficult as to whether you can prove essential car use. If OR wont allow this then you could put a reasonable amount for all of you traveling by other means. Change xmas to personal expenses.

Also your elec arrears will have to go in to the bankruptcy and your benefit overpayment will continue to be paid whilst your undischarged and the remaining balance on discharge will be written off.

Child tax credit should not count as income, complain if it does.

Best wishes

Sorry to butt in on this thread but I am curious to your advice regarding the benefit overpayment being written off upon discharge.
I am re paying a council tax & housing benefit overpayment out of benefits and I am as yet undischarged.

Can you advise me?

Thank you

debt_doctor

Yes, the position of benefit overpayments and BR has been evolving over a couple of years. The current legal position is that any previous payment arrangements of a benefit overpayment will continue whilst you are an undischarged bankrupt. Once you are discharged the remaining balance will be written off.

Best wishes

JCS1

The areas of benefit and overpayment is a current issue. There was a judicial review recently, but this is subject to an appeal by HMRC, include it on your list of creditors, but it is a grey area at the moment.

moyilla

debt_doctor wrote: »

Yes, the position of benefit overpayments and BR has been evolving over a couple of years. The current legal position is that any previous payment arrangements of a benefit overpayment will continue whilst you are an undischarged bankrupt. Once you are discharged the remaining balance will be written off.

Best wishes

Ok thank you for your reply, can you advise as to what I do when I am discharged (either early or as normal).

I cannot stop the deductions from my benefit I have no control over it at all so how do I stop them?

Thank you

debt_doctor

moyilla wrote: »

Ok thank you for your reply, can you advise as to what I do when I am discharged (either early or as normal).

I cannot stop the deductions from my benefit I have no control over it at all so how do I stop them?

Thank you

yes, you need to contact your local insolvency service when they send you an early discharge notice and / or discharge you. If the 'evolving law' ( ask them anyway) is still the same then ask the insolvency service to discharge the debts under bankruptcy and ask them to write to the government agencies concerned.

Best wishes

DD

moyilla

Ok I will do, thank you for that :T

moyilla

Sorry one last thing, where can I find out more about the 'evolving law'?

debt_doctor

The insolvency service helpline or post your own thread on here at the appropriate time

Good luck

ps were sorry Plonker for hi jacking your thread - just thought it was an important point to deal with for Moyilla

moyilla

Yes apologies for that Plonker :o

fiveyearplan

I think you can also claim some amount for haircuts. I know this is small but if you aren't allowed your car then obviously the debt will cease and you may have enough surplus for an IVA. Please check this out.