Just an update on my situation

saubryn · 7 November 2004 at 1:51AM

Hi all

I posted here about a month ago asking for advice (my user name then was circyn, but I can't access that account for some reason). I've got huge debts after leaving an abusive relationship a year or so ago, then attempting uni and having that going wrong because I ended up in hospital with some wierd never actually diagnosed, but now solved, illness.

Anyways, I have HUGE rent arreers (amongst other debts) and got served with a notice of seeking posession a while back. The court date is this coming tuesday.

On your advice I went down to the Citizens Advice. The first day it was closed, the second time I went down I waited in a queue for nearly four hours then got some vague advice, and given a 'debt pack' very similar to one I've already had from calling the CCCS when this all started.

I explained to them that I'd already asked for advice elsewhere and tried sending budgets and letters off to creditors, but that they always demand more than I can afford to pay and don't listen when I say that I only have XYZ income on XYZ dates.

The CAB advisor informed me that they do have debt councilors but they're too busy to take my case on. They said if things get worse or if the creditors don't listen after I've sent them a few letters then they will look at that particular instance, but other than that the only help they'll give me is a pack I've already seen.

What would you guys advise? In terms of the non-priority debts I guess I can try to contact them again - I've got a 'case number' to quote from the CAB - does that make me look more serious with the creditors - if they will believe that I am trying to sort it out then I'm willing to contact them, but I can't face being yelled at and getting more demands I can't meet.

In terms of the pending court case, does anyone have any advice? The CAB told me to make any payments I can before I go to court - the areers are in the range of 2700 pounds now I think, and I CAN'T make any payments before the case...

I've got a claim in for housing benefit but that's taking ages to process. I'm due my final benefit payment for Jobseekers allowance on the 14, then payment from my new part time job (and my partners new part time job) on the 20th. Up until then I have zero income - I don't even have any money to buy any more food until then so I'm living on chips until payday.

I told the CAB that and they said 'well sell stuff then'. The only stuff I can sell really are a few books and cds that I'd get next to nothing for, and maybe some household appliances like my dvd player or vcr (cash converters is pretty stingy). I could maybe raise 20 or 30 pounds selling non-essentials. With areers that huge is it worth it or would the court just laugh?

Other than that, does anyone have any other last words of advice? My circumstances are unclear at the moment - housing benefit is still being assessed and I have to submit a change of circumstance form. I'm contracted to work 12 hours a week but after checking the benefit I'm entitled to from that I am seriously considering just increasing my hours to 20 and not claiming the housing benefit any more.

My existing arrangement with the council (who seem to be working against me because the stuff they've put in their claim to the court is complete rubbish, they claim they left messages they didn't, and they present what I've told them as if I was lying or being evasive when I wasn't) is 2.80 a week plus water rates - I want to get a proper arrangement with them now that I know my income, but again they probably won't reply if I email them on monday, and there's no point ringing because they don't return phone calls.

There's also some confusion about student loans - my circumstances there are unusual since I'm studying part time but will get the qualification at the same speed as a full time student. If I can get a full time student loan I can clear a large amount of the areers in one go, but I won't know that until after tuesday.

Basically, I'm confused, and need any advice I can get! I desperately don't want to get evicted from this place, but have no idea what to do to stop it.

Thanks in advance for anything anyone can offer.

Debt_Free_Chick · 7 November 2004 at 10:19AM

Contact the National Debtline

0808 808 4000

https://www.nationaldebtline.co.uk

Tell them the date of the Court appearance first, so they can see you're a priority case

mort58 · 7 November 2004 at 10:32AM

Saubryn

Have sent PM to you

King_David_2 · 7 November 2004 at 9:45PM

An update on my situation......

Debt free and moving to Australia next year. :P

Spendless · 7 November 2004 at 10:57PM

Hi saubryn

The other day another member was also worried about eviction. She posted on benefits board under `eviction looming' user name clairbing.

Some of the answers on there might help you.

N.B Bouncebackability - was your post of any help to the original poster? I ask you this not because i want a row to develop but because i noticed you going round criticising another member recently for a similar thing.

I am truly delighted that things have worked out for you, but perhaps it would be more appropriate to start a new thread on the subject (in the arms maybe) where I'm sure members will be only too happy to congratulate you

saubryn · 8 November 2004 at 1:10AM

Hi all

I'm glad to hear some peoples problems do get worked out, although right now I'd really appreciate knowing HOW you did it rather than just that it happened

Thanks to those who posted here or contacted me privately.

With it being a sunday I can't contact many places yet - will tomorrow though.

I called payplan and they worked out my income and expenditure - my own budget gives me 30 pounds free a week - their budget (revised to something more 'livable on') leaves me actually running at a LOSS each month.

They say they can't help me - they think bankruptcy would be the best option unless I can increase my income.

Their idea was to offer the court something like 20 pounds a month on top of rent for the moment, pay that on the dot (they think I'll get a 'suspended possession order') for a while before declaring myself bankrupt.

I checked out the other thread that got mentioned, and have spent most of the day on here reading various stuff - I went to the debtquestions site and asked the expert - he seems to think that I'll get a suspended possession too.

Plan for in the morning is call national debtline just for a third opinion, then try to get some proper legal advice. Oh, and find out where I stand with my student loan :-p Going to be a busy day.

If anyone has any thoughts about bankruptcy they'd be appreciated. It wasn't something I wanted to consider but if the places that help you arrange payments start saying you can't pay then what else can you do?

Thanks again guys!

PS: I'll try to post how the hearing goes but I might be loosing my internet connection for a couple of days *gulps* As soon as I get back on though I'll drop in here.

Debt_Free_Chick · 8 November 2004 at 10:26AM

Yes, it is likely that you'll get a suspended posession order. The Courts are reluctant to evict those with debt, where they genuinely can't pay.

Have you had papers from the Court? They normally ask you state your side of the story and, in particular, to make an offer for repaying the debt. You must enclose full details of your budget then state how much you could afford to pay against the debt. The National Debtline will help you with this.

A little worrying that Payplan think your budget is not sufficient to live. They are normally right and perhaps you should consider bankruptcy.

There's useful information about bankruptcy - the process and its effects - on the National Debtline website. Under the new rules, you could be discharged from bankruptcy after one year or possibly less.

Read the info on the National Debtline website and call them to discuss it. They're good, helpful folk who will be kind and understanding - not judgemental.

Good luck.

Jen_Jen_5 · 8 November 2004 at 12:51PM

The things you say about CAB are terrible - i suggest you make a complaint, i know they are busy but you should have recieved better advice than sell some stuff.

You will need to attend the court hearing, explain your problems/difficulties and what you have tried to do to resolve the situation.

The court will want an offer towards the arrears as well as the current weekly payment. there is useually a minimum they will accept and given there is alot of stuff still to be resolved, wages, benefits etc ask if the court will accept this min. around £2.80 per week. You will also need to take your budget down to show the court where your money is going on the essentials for daily living. If you want to make sure you remember everything write it down.
and dont be afraid to tell the judge if you are confused or dont understand, they are there to make a fair decision and are useually quite understanding.

Bankruptcy - as you are renting its worth checking that there is not a clause in your tenancy which states you have to leave if you are bankrupt (unlikely but possible). YOur rent arrears may also still need to be paid because of the Suspended Possession Order. You need to consider bruptcy seriously and the courts should have a helpful leaflet for you to read. It can be a good thing and national debtline im sure will discuss it with you.

Good luck

saubryn · 8 November 2004 at 6:40PM

Hi again

I checked with a solicitor - it's too short notice for them to represent me but at least they told me that the court has duty representatives that will help (something I had no idea about and that I wish the CAB could have told me!).

I've also found out I may qualify for a full time student loan. I hate the thought of doing more borrowing at the moment but when I spoke to student services they suggested considering student loans as something different to normal debt. I need SOMETHING to get me through this next couple of years.

Budget is prepared now, so let's see what happens.

Does anyone know if you can get help to go bankrupt? 300 pounds is nearly half of this households income for a month - is it possible to be in a situation where you can't afford to go bankrupt?

Thanks again

Jen_Jen_5 · 9 November 2004 at 1:16PM

Yep, it is possible not to have enough money to petition your own bankruptcy. MAD!

you could try some charities, student services may have a welfare rights officer who could help you make an applilcation.

Other options are reduce payments to creditors to a minimum £1 a month and save up the rest of the payment you had been making to them to pay for the Bruptcy.

Debt_Free_Chick · 9 November 2004 at 5:21PM

Saubryn

please, please, please, please, please ....

Call the National Debtline - it's a free call. They're a charity. They help people like you.

0808 808 4000

Just an update on my situation

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