Bankruptcy questions

Sam2022

Hi Guys, it's been a while since I last updated my journey and a lot has happened.  I'm going to try and condense it down but you know I almost always end up with long essay, sorry

So as you know I have some real health issues I battle on a daily basis.  Since my last post things really went South on me.  I have been seriously ill, rushed in snow emergency ambulance from one hospital to another and told I may not have more than a few days to live at best!
I have had Korean drugs pumped into me than you would think possible.  Some of them exceeding "safe levels" but when the only other option is death, give me everything there's nothing to lose!
In the end thanks to one hospitals incompetence I was given 2 options.  Receive extremely strong biological drugs to kill off my immune system, face emergency surgery with less than a 5% chance of surviving the operation because of the state I was in and other health problems.
I chose to go for the first option!
So I was started on these drugs, the effects are awful but give me a chance.  I am taking 54 tablets a day in total plus special nutritional supplements as i am malnourished!  There are no guarantees but so far I'm still here battling away.  
I'm back at home as my Consultant thinks I will be better off.  I have strict rules to follow, need to keep my distance from others as any infection could kill me and keep on with my biological medicine infusions.

So onto my ongoing journey towards bankruptcy.  We have continued to squirrel away money into the biscuit tin on a regular basis.  No creditors are being paid.  Health matters aside, our standard of living has actually improved as for the first time in years we can actually afford a propper shop at the supermarket.
I had contacted a number of creditors advising my intention to declare bankruptcy when I could afford to, explained my situation and asked them to desist with excess calls and letters, due to effects on my mental health.
Most companies have left me alone asking for monthly updates, others have ignored and carried on.  I have one creditor in particular that seems to want to push me, Shop Direct Finance.  I have 2 accounts with them, one they opted to take out a CCJ against me, the other nothing has happened.
So the CCJ, I totally ignored everything from the court, I wasn't in a good place and finding it hard to deal with everything.  The CCJ is for £3.5k, they have issued the usual regular letters and even offered to accept a payment of £6 a month at one point.  I didnt ask them for that it just arrived in an email.
I have received a further letter from them, just before coming out of hospital.  They have said I have until 22 October to respond to them or their clients instructions are to enforce the CCJ by;

1. An attachment of earnings.  I dont have earnings so thats not an option.
2.  Warrant of Control - A County Court bailiff would attend my address.
3.  Charging Order, again not applicable as I live in Social Housing.

So is this a step up in their pursuit of the debt?  Or is it just more scare tactics?  What if anything do I need to do?

I was thinking of an email to tell them of my medical situation and that I cannot deal with it while I am going through treatment to try and save my life.  At the same time also asking them to consider writing off the debt on the basis of health grounds, is it worth a go?

As always thanks in advance for the advice.

sourcrates

Its would be unusual for a bailiff to attend on a consumer credit debt, but you never know.

Note that it would be the county court bailiff, not one of these you see on the telly, they are an employee of the court, so have no benefit in harassing you, keep doors locked, any vehicle that you own outright should be squirreled away somewhere out of sight, and just explain through the window what your intentions are, and they should go away and report back to the court.

How far off getting your fee together are you?

fatbelly

If you get a letter from the county court bailiff just phone and explain your situation.

Sam2022

I did have half the fee put aside, until my health nosedive.  While I was in Hospital some of it needed to be used,  do I have £240 towards it now.  Hospital was 45 miles away so family had to use trains etc to be there.
Obviously my car is still in the picture as I have been so ill I just couldn't sort it.
If County Court Baillifs do come, does the displaying a blue badge stop them from taking it as I'm disabled and need it for medical appointments etc?  All my treatment is taking place 45 miles away.   My immune system is suppressed almost completely, so public transport isn't an option, I basically have to shield like during lockdowns.  A simple cold can actually kill me and its going to be like that for at least 12 months.

Sam2022

Just giving this a bump, to find the answer

RAS

Do you have any capacity to pay the fee on credit cards? That is allowed.

frosty1970

May be worth a read & help possibly..BUT no guarantee with help for fees etc sadly (quite a few claiments in the pipeline)

https://www.turn2us.org.uk/

Sam2022

Sadly I no longer have any credit cards that are usable, so thats not an option.
I am going to email the company Shop Direct are using and see if I can get them to put a hold on the account due to my health problems.

I have just had 5 hours of infusions of biological medicine and various steroids into my veins today.  This dose is completely switching off my immune system now and destroying all my white blood cells.  The side effects are horrendous and I am absolutely drained and feel dreadful.  Apparently it will only get worse in the months ahead.  If I can put the email together I might send it to all my creditors to hopefully buy myself time.

Another thought and I may have asked this before in the early days but I cant remember and to be fair I don't have the energy to read through all the thread, sorry!
So our income is Universal Credit, Carers Allowance and PIP.  If I understand correctly that means a straightforward bankruptcy and I will not have to make sny payments towards my debts.
What if I sold my car ASAP, value around £11k. I would need to lose 5k for UC purposes, I could do that by renewing stuff in the house that is worn out, new clothes etc.
Then sit back and squirrel away the remaining 6k over the coming months, say 6 to 8 in total.
What would OR be able to impose on me?

It's probably a daft idea but you don't know if you don't ask!

fatbelly

I thought you needed the car.

Is it owned outright and worth 11k?

Frankly, I'd put the debts on the back-burner now. You have plenty of other things to think about

Sam2022

I do need the car at the car at the moment, as trains etc are not really an option due to having no working immune system.  However I am acutely aware that when I declare bankruptcy the OR will take the car from me and sell it.  Yes I get 2k back to get another but I would lose 9k because it is owned outright and worth 11k.

So the idea was to be able to sell it, spend the excess money on getting my home sorted with stuff like new sofa and chair, new bed and mattress, new cooker etc, etc.  Everything in the flat is pretty much past it and falling apart, so needs replacing anyway, just to make things a little more comfortable.  We can lose 5k by doing most of that.  Then carefully squirrel away the remaining 6k in cash over a number of months.

The car would already have gone had I not become so ill over the Spring/Summer this year and things would have been well underway.  However I hadn't planned for my health to go down so far, so quick.

I know there is no long term solution to keeping the car and declaring BR.  So I am just trying to do it in a way where I get a fresh start from debts I can never repay and still have some money to fall back on in cash that nobody but me knows about.

As things have gone on most creditors, or at least their debt agency have been putting cases on hold for up to 3 months because of my health situation.  Which is buying me time.  It seems that Shop Direct are now beginning to want to crucify me instead, or maybe it's scare tactics on their part to see if I cave in???