What if I forget about a creditor in the application process?

I owe money to quite a few companies and they were all part of a DAS, which failed when I lost jobs due to suffering from depression.

A lot of these have been sold on and I'm struggling to track one or two down.

Would this cause a problem with my MAP bankruptcy application in Scotland?

Also, if my HP car is repossessed due to going bankrupt, can I add the difference between what Blackhorse sell it for and the remaining finance to my bankruptcy?

Comments

  • ALL debts (except CT, compensation awards and student loans) are included in a BR (AFAIK) even if not written into the BR, also the HP in the car also, Black Horse can repo it but have no claim against you for any balance
    Now we all know how it felt to play in the band on the Titanic...
  • vivki
    vivki Posts: 39 Forumite
    Combo Breaker First Post First Anniversary
    Hi. I spoke to the receivers office today for my initial telephone interview, and she said she would add one in which I had missed off of my application. So don't worry!!
  • coolcait
    coolcait Posts: 4,803 Forumite
    First Anniversary Combo Breaker Rampant Recycler
    Hi AdviceSought

    The other posters are right to say that ALL debts are included in a bankruptcy.

    But, missing out a creditor could cause problems if you're applying for bankruptcy under MAP in Scotland.

    If you go bankrupt under MAP, but it then turns out that your debts were more than £17,000 then this is what the AiB's guide says:

    "If you were awarded bankruptcy through the MAP route and your trustee discovers that;

    you have liabilities over £17,000 or; 
    you have an income from which you can pay a contribution or; you have assets totalling over £2,000 or own any land or property

    then your bankruptcy will no longer meet MAP criteria. Your case will be transferred to full administration and you will no longer be automatically discharged 6 months after your award. If you have deliberately concealed assets or deliberately made a false declaration, then you may be placed under a Bankruptcy restrictions Order, and your discharge may be deferred indefinitely".

    You're probably best asking your money adviser or AiB what would happen with any shortfall for the car HP agreement - from the point of view of 'how would it affect BR under MAP?'.

    If you were in a DAS before, you should have been given a list of the outstanding debts when it failed. That would give you a starting point at least.

    If your total debts are well under £17,000 you'll probably be OK from the MAP point of view, even if some creditors have been adding on interest.

    If you're close to the £17,000 limit, that's a bit tougher :(

    Sorry for the long post, but this is one of the areas where the Scottish system has some critical differences from the Eglish system.

    I hope it works out for you :)
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