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Debt advice re bankruptcy/IVA

princess1984
Posts: 172 Forumite
We are currently paying off debts using a DMP with CCCS, owing around 20k and atm only paying 20pounds pm. We are due to change our budget as dp is now in employment and I've worked out our disposable income around 280pounds pm.
However, dp has now told me he has used 2 credit cards and a catalogue and has an overdraft totalling around 5k. So now our debts are higher, which wasn't supposed to happen whilst doing a DMP.
I've sent a message to CCCS online, they haven't yet replied but I'm scared they'll give me a right telling off.
My dp thinks that our debts are stupidly large and that it will take too much time to repay it, and consider an IVA or bankruptcy.
I have looked it up online, and I'm really confused about what will suit us best (although I'm sure CCCS will tell us in good time) and I'm really scared about the whole process - it's so formal!
We are renting and I can't find info on the implications of going bankrupt when a tenant - whether my landlord will not renew my tenancy or if we're asked to go for a good reason eg selling, whether we'd be able to secure a new tenancy when they credit check you.
When it comes to assets - what is included in this? For example, my computer belongs to my dad, he has moved to Spain and he will go mad if it is taken away but its not anything fancy at all, he was a pc engineer and put it together.
With our cars - we have one each, again nothing fancy. dp drives a R reg fiesta to work 5 days a week, I drive a T reg Astra to work 2.5days a week. The astra is our family car because we have 2 children. I don't even think they are worth much either - but would they take one and just tell us to get a bus to work? This is actually not possible as dp works from 5am (no buses) and I drop children off at childminder to go to work and we work different hours and areas so cannot car share!
Also with the bankruptcy, we have found conflicting information - CCCS website says that if you have debts over 20k you repay them over 3yrs but other websites say that the bankruptcy is discharged and debts are cleared after 1year.
I'm sorry for so many questions but I am so not sure on any of this and its such a big step!
Any advice and support appreciated! Thank you!
However, dp has now told me he has used 2 credit cards and a catalogue and has an overdraft totalling around 5k. So now our debts are higher, which wasn't supposed to happen whilst doing a DMP.
I've sent a message to CCCS online, they haven't yet replied but I'm scared they'll give me a right telling off.
My dp thinks that our debts are stupidly large and that it will take too much time to repay it, and consider an IVA or bankruptcy.
I have looked it up online, and I'm really confused about what will suit us best (although I'm sure CCCS will tell us in good time) and I'm really scared about the whole process - it's so formal!
We are renting and I can't find info on the implications of going bankrupt when a tenant - whether my landlord will not renew my tenancy or if we're asked to go for a good reason eg selling, whether we'd be able to secure a new tenancy when they credit check you.
When it comes to assets - what is included in this? For example, my computer belongs to my dad, he has moved to Spain and he will go mad if it is taken away but its not anything fancy at all, he was a pc engineer and put it together.
With our cars - we have one each, again nothing fancy. dp drives a R reg fiesta to work 5 days a week, I drive a T reg Astra to work 2.5days a week. The astra is our family car because we have 2 children. I don't even think they are worth much either - but would they take one and just tell us to get a bus to work? This is actually not possible as dp works from 5am (no buses) and I drop children off at childminder to go to work and we work different hours and areas so cannot car share!
Also with the bankruptcy, we have found conflicting information - CCCS website says that if you have debts over 20k you repay them over 3yrs but other websites say that the bankruptcy is discharged and debts are cleared after 1year.
I'm sorry for so many questions but I am so not sure on any of this and its such a big step!
Any advice and support appreciated! Thank you!
0
Comments
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Was dp on the DMP as well as you? If so how did he get any credit? Part of the DMP agreement is that you will not seek any more credit. Not sure what action is taken when the agreement is broken, but dp i don't think has ever had the lightbulb moment.
An IVA is usually recommended to those facing bankrupcy but want to protect their home. If you are renting and don't have a mortgage then an IVA may not be for you.
Not sure about the bankrupcy or how the cars will be dealt with, but it may differ between Scotland and England. Where are you?After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91
Dad Gift 6k ¦ Savings & Inv Tst: £2,500
Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0
Total Owed: £2,270 (+6k) 11/08/20110 -
Dp was not named on the DMP but his income was taken into account. I phoned CCCS and asked permission for him to take out the first credit card as our landlord at last house sold up, we needed to find the money for the deposit on the next place as it takes some time to receive it back after moving out. They said he could so long as he could afford the repayments. Unfort it didn't work out like that and the debt spiralled.
"An IVA is usually recommended to those facing bankrupcy but want to protect their home. If you are renting and don't have a mortgage then an IVA may not be for you."
That's what I read on Martin's guide to IVA's, which made me think of bankruptcy.
I'm in England.0
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