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Bankruptcy questions

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  • luvchocolate
    luvchocolate Posts: 3,386 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Home Insurance Hacker!
    The examiner for the OR wanted 2 years bank statements and 1 yr credit card statements. 
    Said nothing jumped out. 
    I was working full time not sure if that makes any difference. 
    Don't rush get all your ducks in a row 
  • sourcrates
    sourcrates Posts: 31,400 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    There is no rush to go bankrupt, and breathing space is just a waste of everyone`s time.

    Companies/debt collectors/creditors whoever it may be, nearly all go through the same standard collection process when you don`t pay your debts, this involves writing to you/calling you etc, and can take 6 months to more than a year in some cases, so you don't need to do anything with regard to your creditors.

    Even when debts are sold the same process will be gone through again, its a very long and slow deal debt collection, you don`t need breathing space, just take as much time as you want.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Sam2022
    Sam2022 Posts: 80 Forumite
    Third Anniversary 10 Posts
    Ok I see where you are coming from now!
    The only problem with that plan is I've had my head stuck in the sand that long now that some debt collections have already moved on and that's why I went to Stepchange recently.
    I had 2 cr cards with Virgin Money, they got debt collectors involved and have 2 CCJ's on me from early March this year.  I was just ignoring everything, letters, calls, emails, texts everything.  So I never even responded to court papers.  I'm terrified I'm going get bailiffs at the door next.
    I'm also waiting for a CCJ for a catalogue account anytime now.
    Cabot Financial have bought 4 credit card debts and have been bombarding me with letters, emails, calls, texts now they have said a doorstep collection company called Resolve call are going to come to visit me.  Then another debt agency is threatening me with court action over a Tesco loan.  That annoys me as I paid it for years and have repaid more than the actual loan was for.
    My mental health is up and down with all this and my ongoing health problems which are getting worse.  I can ignore the calls etc but if people are going to come door knocking that terrifies me.
    Can they come in and take what little stuff I have?  
    Stepchange said to email them and tell them that I was getting their help which I have and a couple of them have said they will stop action for 30 days to allow some space because of my situation.
    I can defer going bankrupt for a time, I'm better off getting rid of the car and doing what you all suggest.  At least that way I don't lose out!  I'm just terrified of the consequences in the meantime.
    Am I over reacting, probably but my mind is all over the place.
  • Grumpelstiltskin
    Grumpelstiltskin Posts: 5,396 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Are you terrified if a door to door salesman knocks on your door?
    Resolvecall are exactly the same as that, if you do answer the door you just tell them to go away.
    If you go down to the woods today you better not go alone.
  • Sam2022
    Sam2022 Posts: 80 Forumite
    Third Anniversary 10 Posts
    If these companies all go to court for CCJs that I cannot pay (I have £16.79 disposable income a month according to stepchange) will there not be court bailiffs coming to take my stuff?  Not that there is much to take.
  • Grumpelstiltskin
    Grumpelstiltskin Posts: 5,396 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 5 May 2024 at 12:32PM
    No they won't. What you see on TV programmes is very often an edited version of what happens, you see them going to houses with a Merc and BMW on the drive, I guess not your drive.
    If you go down to the woods today you better not go alone.
  • fatbelly
    fatbelly Posts: 22,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    edited 5 May 2024 at 12:23PM
    Hi Sam

    Most debt collection just involves an Agency working through their standard letters and if you allow yourself to be harassed by texts and phone calls they will do that too.

    We never advise anyone to ignore a court claim or the stage that comes before that - the standard preaction protocol reply form with a 30 day limit. You may have noticed them. So if you get either of those in the future let us know.

    As you don't have earned income and don't own property, two of the four main enforcement options are unavailable.

    The good news is that if these are consumer credit acts debts (credit cards, catalogues etc) with a ccj already, then if they want to go the bailiff route, they must use the court bailiff, who is an employee of the court and will play the game with a straight bat. You can stop this action with an N245 and I have known bailiffs to carry those forms with them. There is no fee if you are on benefits. Wish the same was true for the bankruptcy fee.
  • Sam2022
    Sam2022 Posts: 80 Forumite
    Third Anniversary 10 Posts
    Hi fatbelly
    Thanks for your advice, it is a bit reassuring.  I've been living in fear of knocks at the door for a while now.  Thinking even if I hide will they check the cars in the car park, identify mine and take it.  My mind has just been non stop for months now.
    Calls are everyday 4 and 5 times a day.  I've systematically blocked the numbers so they have reduced a bit.  If I get calls, I only answer numbers I know now.  The letters just all get put to one side, mostly unopened.  Texts and emails I just delete.  So I cope with carrying on with that for another 6 to 12 months.
    I am still paying some cards 3 Barclaycard, a capital One, a Halifax and an Argos Card.  The Argos card has been used in Sainsburys for food shopping when there's no money left.
    I need to move my bank from Halifax before I stop paying their credit card, in case they take my benefits to offset what I owe.  I figure now that I may as well bite the bullet, move my bank and stop paying the other cards.
    The plan then is;
    Get my car sold
    Replace what we need in the house to get the balance below 6k for UC purposes.
    Start siphoning off cash to keep in the biscuit tin over the next 6 to 12 months.
    Then go bankrupt.
    Am I understanding all the advice from you and others on here correctly?

  • fatbelly
    fatbelly Posts: 22,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    You get seven clear days notification that a bailiff warrant has been issued. This gives you time to organise something. In your case you would use an N245 to vary the order and suspend the warrant.

    If your debts were e.g. Private Parking fines then you might get an aggressive bailiff who knows your car reg.

    As I explained before, the court bailiff is a professional and does not know if you have a car or where it might be.

    Add to that list

    Get your banking sorted out. New account with someone unconnected to your debts
    Start opening your mail. Just make a pile of it. Let us know if it's one of those documents I mentioned. Even if it isn't you will need the info about your debts when you complete the online bankruptcy application and that will come from the letters
  • Grumpelstiltskin
    Grumpelstiltskin Posts: 5,396 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yes you have got it. 

    Make sure when you change your bank account you get one with no over draught and it is a bank that has no connection with any bank you owe money to.

    Get that done ASAP and don't pay any debts this month.

    One word of advice do look at any letters you get by snail mail..
    If you go down to the woods today you better not go alone.
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