court date on 23rd - forms a nightmare - please help

suziewin

Court date set for the 23rd- struggling with forms
Hi readers,

I had set up a full and final IVA which was accepted in October 07. The house had been on the market since March 07 with about £25,000 equity to give to various debtors that amounts to £51,000. The fixed mortgage deal I was in finished in November pushing my mortgage payments up from £600 to £1000. All the debts are in my name. Ive had to finish work recently due to having a high-risk pregnancy so am having to bed rest for the next 6 months. My incapacity claim is going through at the moment. Because the mortgage is too high we are unable to continue to pay - my husband currently earns £25,000 pa so feel bankruptcy for me is the only option. I am now 4 months behind on payments do a repo is immenent,

1. As the tenancy agreement is in his name, do I need to give details of that on the paperwork?
2. On income and expenditure - I will get approx £210 p/m which will contribute towards the bills. Do I record the true outgoings of food etc even though my money barely contributes?
3. I have a car worth approx £4700 which I need due to disability and my other son is disabled. Will I need to get letters from the doctor to back up our condition? Ive been declined for DLA twice and am registering as disabled in March as apparently you have to suffer from the condition for 12 months. If I lose the car I am housebound and with a baby on the way, and my teenage school who needs daily transport to and from school ironically I am finding the prosect of potentially losing the car more upsetting than losing my beautiful home. Mad eh?

Any advice most gratefully recieved.

P.S. Ive had a few discussions with CCCS who assure me I will not lose the car under any circumstances due to my disability. However have read other posts from folk who have. .......confused

Richard_S

Hi suzie,

1. When you say the tennancy agreement, do you mean the mortgage? Or have you moved out into rented accomodation?
2. If your only income is going to be incapacity benefit, then it won't be included as income to assess an IPA, so it's hypothetical really. The forms you submit to the Court are for guidance only, so it doesn't matter if they're not technically correct. A Court Clerk will check them and correct any glaring errors and the O.R will go over them again at your interview so it's nothing to be concerned about. If you haven't had the benefit confirmed yet, then your income and expenditure are both zero.
3. Cars are a grey area, but if the CCCS have told you that you won't lose the car then I'd assume they're correct. Why not ring the Insolvency Service and ask them? You'd be able to ask about your income & expenditure on the Court forms at the same time; they're very helpful.

Regards

Richard

EDIT: I've just seen your posts on DFW. If the tenancy agreement is in your husband's name only, then no need to include the details on your Court form.

suziewin

Hi Richard,
Sorry if I didnt make it clear before.
1. We moved into rented accomodation so we could sell the house as vacant posession - however viewing has been very poor so with the hike in mortgage payment we can no longer wait for the sale. The tenancy agreement is in my husbands name.
2. So as far as the forms are concerned - I put down my husbands salary and nothing for myself? Do I still fill in food, utilities etc? Sorry but my head is in bits. I originally started to fill the form in online but have now asked the court to send out the papers as Ive heard there can be differences in whether they accept the format etc.
3. Do you have the number for the insolvency service?

Much appreciated,
Sue

Richard_S

Hi Sue,

I saw your posts on DFW and if the lease is in your husband's name then there's no need to include the details on the form, unless it specifically asks the question.

If your husband's not declaring bankruptcy and you don't have any income, there's no point in including his salary or the household expenditure. If you don't have an income you can't make a contribution; the forms are only concerned with the situation now, not what it will be at a point in the future.When you get the benefit confirmed all you need to do is notify the O.R.

The Insolvency Service telephone number is 0845 602 9848

I think you're probably making things more complicated than they need to be.:D Sometimes life can be easier than you think it's going to be.;)

Richard