Desperate Please Help

chambers_2

Hi I have been reading the post on this forum and they are really usefull.

I am in a really desperate situation and feel my only option is to declare myself bankrupt. Both my Husband, we are now seperated, and I owe money to various creditors, hubby (£20,000) me (£28,000) Joint (£5,000)

I previously lived in Jersey, my Husband became ill and had to resign from his job. As our house came with his job we lost our home. We could not find anywhere else to live so the only option was to move back to the UK to live with his parents. I felt it would be foolish for us both to be unemployed so I decided to stay in Jersey and continue to work. Therefore my daughter and husband moved to UK November last year. I found it really difficult being away from my daughter, who was 2 1/2 at the time. I commuted across as much as I could. My lowest point was when I realised if I was dead my Husband would get my pension life insurance and therefore he and my daughter would be financially secure and debt free. I am not mentally unstable and never thought I would ever consider something like that. Luckly the thought of not seeing my daughter grow up brought me back to reality. However the strain of living apart as deep down I blamed my husband for our situation, this caused our relationship to breakdown. We seperated in December last year.

My next shock was I found out I was pregnant in May this year and although my employer in Jersey was supportive I was faced with being unable to afford to pay for childcare (no assistance in Jersey) for the new baby, rent etc. I was informed by our housing system that my best option would be to become unemployed and then they may help me. The prospect of being stuck in Jersey and unable to see my daughter in UK was not an option, plus neither of my parent are alive so I had no family support. By now my husband had moved out of his parents and secured rented accommodation, job and my daughter was attending pre-school. During a vist to see my daughter my in-laws offered that I moved over to UK and live with them and they would help me get back on my feet. This way I would get to see my daughter and have support with the new baby, due in December. My husband and I are still good friends and he agreed this would be the best option. I new if I did this I would have no way of paying my creditors, but being pregnant and coping alone seemed unbearable. Therefore after consideration I decided to move over to the UK.

So my current position is I am living with my in-laws, on maternity benefit (£165 per week as paid from Jersey), this will end in January 2008 (Jersey only pay for 18 weeks). After then I will not have any income and I will then have to see if I am entitled to any assistance until I can get a job.

My husband is left with about £50 per month after expenses, rent utils, food, child care etc (on basic pay). Therefore he is not in a position to pay anything to his creditors either.

I need some advice,

1) I assume as we are seperated we apply seperately for bankrupcy.
2) Would they question why I am living with my in-laws
3) My husnband gets tax credits, housing benefit as a single parent as we do not live together would this be a problem with me now living in the UK.
4) I will need some assistance until I can return to work, will I be able to claim as a single parent for the new baby.
5) Any other advice greatly appreciated.


Thanks

Richard_S

chambers wrote: »

1) I assume as we are seperated we apply seperately for bankrupcy.
2) Would they question why I am living with my in-laws
3) My husnband gets tax credits, housing benefit as a single parent as we do not live together would this be a problem with me now living in the UK.
4) I will need some assistance until I can return to work, will I be able to claim as a single parent for the new baby.
5) Any other advice greatly appreciated.




Thanks

Hi Chambers,

(1) You petition seperately for bankruptcy whether you're seperated or not, unless you were in a commercial partnership with your husband.

(2) They would ask for details but it wouldn't cause any problems. People have all manner of reasons for their accomodation arrangements.

(3) You're not living with your husband so his income wouldn't be of interest to the O.R.

(4) There's a website called "entitledto" that should give you some idea of the benefits you're entitled to; the CAB would also be a good starting point for information on benefits.

http://www.entitledto.co.uk/

(5)
Your first port of call should be to contact one of the Debt Charities; see links below. Their services are free; they have no vested interest to serve; their advisors are professionally trained and the advice they give will be objective and in your best interests only. CCCS operate a system of telephone appointments that are designed to be flexible and don’t require you to attend an office based interview. At the CAB you will need to make an appointment with a specialist Financial Advisor; other advisors may not have the specialist knowledge you’ll need.

http://www.cccs.co.uk/

http://www.nationaldebtline.co.uk/

http://www.citizensadvice.org.uk/index.htm

If you’re advised that bankruptcy is the most suitable solution to your financial problems then we can offer the best support and anecdotal advice that you’ll find anywhere on the Web.

For more specific advice and support, in an environment that is managed by people with first hand experience of bankruptcy, and moderated to ensure that no deliberately inflammatory or abusive posts are made then please visit:

http://bankruptcysupportersclub.co.uk/default.aspx

Just remember, as desperate as you may feel at the moment, we have all experienced what you are going through at the moment and with the right support and advice things will improve. It’s not an easy route to take but it is a route that will put you back in control of your life rather than just reacting to events.

This is a pro forma response but it's an essential starting point.

Any other questions please post again,

Kind regards

Richard

fermi

When did you move back to the UK?

If you have not been back for the better part of six months then at present you may still fall under the Jersey bankruptcy laws/provisions which are different to those of the mainland UK.

As Richard suggests, I would call either:

• [SIZE=-1]The Consumer Credit Counselling Service (CCCS) - Tel: 0800 138 1111 [/SIZE]
• [SIZE=-1]National Debtline - Tel: 0808 808 4000 [/SIZE]
• [SIZE=-1]Payplan - Tel: 0800 917 7823.[/SIZE]

in order to clarify your position.

At the very least in the main UK a judge will ask whether you have sought such advice before they will grant the bankruptcy, so it's best to do this now anyway.

Richard_S

Thanks fermi,

Never though about the Jersey laws being different.:eek: :eek:

fermi

Richard_S wrote: »

Thanks fermi,

Never though about the Jersey laws being different.:eek: :eek:

They might be irrelevant by the time chambers gets round to BR, but for the record a quick search brings up:

Jersey - A guide to Bankruptcy Law

chambers_2

Thanks for your advice.

My address has been the UK since June (when I decided I was going to move). However I continued to commute back and forth to Jersey every week to work until August. Therefore I would say I have been resident since June as I was only in Jersey to work but by address was down as UK (in-laws).

I would hope this means I have been here long enough and don't have to wait until next year.

With regards to Jersey Bankrupcy Law (en-desastre) it does not allow you to go bancktupt unless you have assets, so this was never an option.

I have spoken with CAB, CCCS and Debt Charity and they have all said that my only option is bankrupcy.

I have printed the forms off and looked at where I could open up a basic account. I just don't want to to court to be told I can't go bankrupt until 6 months from August.

fermi

I think the official wording is the you may petition at the Court that covers the area that you lave been living in for the greater part of the 6 months.

So I think you should be OK.

However, only your Court (or HMCS generally) can officially confirm this, so I would give them a ring so that you know for certain.:)