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  • FIRST POST
    • MSE Andrea
    • By MSE Andrea 5th Nov 12, 5:58 PM
    • 9,042Posts
    • 21,837Thanks
    MSE Andrea
    Ask a StepChange (formerly CCCS) counsellor a bankruptcy question
    • #1
    • 5th Nov 12, 5:58 PM
    Ask a StepChange (formerly CCCS) counsellor a bankruptcy question 5th Nov 12 at 5:58 PM
    StepChange Debt Charity (formerly CCCS) has several counsellors answering questions in our forum.

    There are three ways to contact them:

    1 - To ask them a question please post it below and Allen, Linsi, Kirsty Rachael or Richard will post a reply here.

    2 - If you would prefer to ask a question in private you can send a private message to StepChange Private Messages and one of the counsellors will get back to you.

    3 Ė StepChange Debt Remedy is a free and confidential online debt advice tool. You can put a budget together at your pace, and you can also talk it over with an advisor through online chat.

    This thread continues from the previous Ask a counsellor a question thread one
    Last edited by MSE Andrea; 14-12-2016 at 1:40 PM.
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Page 64
    • Abbs9
    • By Abbs9 21st Feb 18, 10:28 AM
    • 3 Posts
    • 0 Thanks
    Abbs9
    I was made bankrupt in 2009, discharged in 2010.
    Would I be able to work as a trainer/coach in a conveyancing company?
  • StepChange_Allen
    I was made bankrupt in 2009, discharged in 2010.
    Would I be able to work as a trainer/coach in a conveyancing company?
    Originally posted by Abbs9
    Hi there

    Thanks for posting.

    This comes down to the discretion of the employer and what checks they do upon employing someone. As you were discharged from bankruptcy over 6 years ago it shouldn't show on your credit file anymore. However where relevant, companies will ask whether you've ever been declared bankrupt and of course you must answer truthfully. Them asking the question doesn't necessarily mean that a 'yes' will rule you out of the job though.

    The best way to find out would be to speak (anonymously if you wish) to the employer before applying and ask whether this would be an issue, so that you don't waste any time if the answer is that it would be a problem.

    It might also be worth trying the regulatory/governing body for their thoughts on it; they might be able to give you a good idea of the outcome.

    Best wishes

    Allen
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • credit_crunch
    • By credit_crunch 26th Feb 18, 1:55 PM
    • 1,398 Posts
    • 2,897 Thanks
    credit_crunch
    Rebuilding our credit ratings
    Hi
    Both my husband & I were declared bankrupt in 2015.
    My understanding is that we were discharged after 12 months. Is that correct? We live in Northern Ireland - not sure if itís any different over here?

    Anyways, over the last 6-12 months Iíve been checking our credit scores & ive successful taken 2 different credit cards out.

    I applied for one for my husband & Tesco have declined the application saying he already has the maximum amount of cards from them. He hasnít had any credit whatsoever since BR. They have said itís on his Experian report.

    So my question is, should those debts relating to our bankruptcy not be removed from credit files by now?

    Thanks in advance
  • StepChange_Kirsty
    Hi there,

    Thanks for your post.

    In Northern Ireland you would normally be discharged after 12 months unless a bankruptcy restriction undertaking (BRU) or a bankruptcy restriction order (BRO) has been made. You should have received confirmation of your discharge. This is the same as in England and Wales.

    When it comes to your credit file the bankruptcy will show for 6 years from the date bankruptcy was approved, again this can be longer if a BRU or BRO is in place. The default marks will also be showing on your credit file for 6 years but all of your debts should!!!8217;ve defaulted before the date of the bankruptcy order. This is probably why your husband is struggling to obtain credit at this time.

    I hope this makes sense and answers your question.

    Kirsty


    Hi
    Both my husband & I were declared bankrupt in 2015.
    My understanding is that we were discharged after 12 months. Is that correct? We live in Northern Ireland - not sure if it!!!8217;s any different over here?

    Anyways, over the last 6-12 months I!!!8217;ve been checking our credit scores & ive successful taken 2 different credit cards out.

    I applied for one for my husband & Tesco have declined the application saying he already has the maximum amount of cards from them. He hasn!!!8217;t had any credit whatsoever since BR. They have said it!!!8217;s on his Experian report.

    So my question is, should those debts relating to our bankruptcy not be removed from credit files by now?

    Thanks in advance
    Originally posted by credit_crunch
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • credit_crunch
    • By credit_crunch 26th Feb 18, 8:58 PM
    • 1,398 Posts
    • 2,897 Thanks
    credit_crunch
    Hi there,

    Thanks for your post.

    In Northern Ireland you would normally be discharged after 12 months unless a bankruptcy restriction undertaking (BRU) or a bankruptcy restriction order (BRO) has been made. You should have received confirmation of your discharge. This is the same as in England and Wales.

    When it comes to your credit file the bankruptcy will show for 6 years from the date bankruptcy was approved, again this can be longer if a BRU or BRO is in place. The default marks will also be showing on your credit file for 6 years but all of your debts should!!!8217;ve defaulted before the date of the bankruptcy order. This is probably why your husband is struggling to obtain credit at this time.

    I hope this makes sense and answers your question.

    Kirsty
    Originally posted by StepChange_Kirsty

    Hi Kirsty
    Is there anything we can do at this stage to start rebuilding his credit score? We lost our house, and most debts were joint names yet Iíve got 2 cards, a mobile contract & a catalogue account, yet he hasnít got any credit at all.
    Thanks in advance
  • StepChange_Allen
    Hi Kirsty
    Is there anything we can do at this stage to start rebuilding his credit score? We lost our house, and most debts were joint names yet Iíve got 2 cards, a mobile contract & a catalogue account, yet he hasnít got any credit at all.
    Thanks in advance
    Originally posted by credit_crunch

    Hi there

    Thanks for your reply.

    The best thing I could suggest would be to have a read of this page on the main MSE site: www.moneysavingexpert.com/loans/credit-rating-credit-score

    This is more comprehensive than anything I could post on here.

    Let us know if you have any questions about it.

    Best wishes

    Allen
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • pmj77151
    • By pmj77151 28th Feb 18, 10:32 PM
    • 4 Posts
    • 0 Thanks
    pmj77151
    Hello. I am in an Iva but struggling with the payments. My income fluctuates and I recently moved in with my fianc!e. I!!!8217;m confused how bankruptcy works, I understand I will need to pay any extra income into an IPA, but how does it work when some months I get paid £400 less than others? How do they calculate my expenditures? As my fianc!e earns significantly less than me, do they account for her wages into our household budget? Or just go off on everything I pay for? Sorry for the ramble I!!!8217;m confused and stressed about all this
  • StepChange_Rachael
    Hi

    Thanks for posting.

    Firstly Iíd suggest contacting your insolvency practitioner if youíre struggling with payments to your IVA. IVAís are relatively flexible and itís possible that payments can be altered. A debt solution shouldnít be putting you in a worse financial situation.Your practitioner should discuss bankruptcy with you if they feel an amended IVA isnít suitable.

    In general if a payment arrangement is set in bankruptcy it will be calculated after your household bills and general living costs have been deducted. Your income should be worked out as a yearly average if it fluctuates so that itís not causing you to struggle or cut back on living costs.

    In bankruptcy the Official Receiver might want to check that what you pay is a fair payment towards the household bills, this is to make sure what you pay towards the bankruptcy is also fair. They might want to see a household budget for this reason.

    As an IVA is legally binding I can only offer general advice but if youíd like to discuss your situation in more detail and to look at your options further Iíd suggest first speaking with your Insolvency Practitioner or the Insolvency Service.

    All the best,
    Rachael


    Hello. I am in an Iva but struggling with the payments. My income fluctuates and I recently moved in with my fianc!e. I!!!8217;m confused how bankruptcy works, I understand I will need to pay any extra income into an IPA, but how does it work when some months I get paid £400 less than others? How do they calculate my expenditures? As my fianc!e earns significantly less than me, do they account for her wages into our household budget? Or just go off on everything I pay for? Sorry for the ramble I!!!8217;m confused and stressed about all this
    Originally posted by pmj77151
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • Andysgriff
    • By Andysgriff 7th Mar 18, 11:20 AM
    • 1 Posts
    • 0 Thanks
    Andysgriff
    Hi,

    I was declared bankrupt in Dec 2017 and hopefully will be discharged Dec 2018. I have a Ltd Co that I resigned as director from in Dec 2017 as per requirements. The Ltd Co has not been wound up as the bankruptcy order was for personal debts and company debts from another Ltd co that I d been director for 8 years. The older Co is now wound up.

    My questions are;

    !) Can I appoint a member of the family to act as director of this current Ltd Co so it can continue to trade? I have offers of work but I cannot use this Ltd Co with me as a director but can it trade with me as an employee?. The Client will not accept umbrella contracting so no route there.
    2) If I do receive payments from the Ltd Co for work i do, as I will have to inform the OR of my change of circumstances, will the OR start a repayment plan to recover costs for 3 years or so? I really need some income, however I would rather not start short term contracts of this will result in incurring a long term repayment plan to the OR

    Hope this makes sense and looking for some advice
    Many Thanks
  • StepChange_Kirsty
    Hi there,

    Thanks for your post and welcome to the forum.

    In your circumstances I would highly recommend contacting Business Debtline for further advice. At StepChange we donít specialise in business related matters so I wouldnít want to advise you incorrectly on this.

    Business Debtline are available Monday to Friday 9am to 8pm on 0800 197 6026.

    Kind regards,

    Kirsty

    Hi,

    I was declared bankrupt in Dec 2017 and hopefully will be discharged Dec 2018. I have a Ltd Co that I resigned as director from in Dec 2017 as per requirements. The Ltd Co has not been wound up as the bankruptcy order was for personal debts and company debts from another Ltd co that I d been director for 8 years. The older Co is now wound up.

    My questions are;

    !) Can I appoint a member of the family to act as director of this current Ltd Co so it can continue to trade? I have offers of work but I cannot use this Ltd Co with me as a director but can it trade with me as an employee?. The Client will not accept umbrella contracting so no route there.
    2) If I do receive payments from the Ltd Co for work i do, as I will have to inform the OR of my change of circumstances, will the OR start a repayment plan to recover costs for 3 years or so? I really need some income, however I would rather not start short term contracts of this will result in incurring a long term repayment plan to the OR

    Hope this makes sense and looking for some advice
    Many Thanks
    Originally posted by Andysgriff
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • Gellerbing
    • By Gellerbing 12th Mar 18, 4:08 PM
    • 28 Posts
    • 2 Thanks
    Gellerbing
    Hi, i recieved an email from stepchange saying there's an issue with my DRO application and they want me to phone them. This has put my anxiety through the roof and now worried about what they might say, ive got nothing to hide i just really don't like using the phone. Could i email or use live chat instead?
    • Avocadotoast
    • By Avocadotoast 13th Mar 18, 8:19 AM
    • 38 Posts
    • 14 Thanks
    Avocadotoast
    Hi there, I wonder if you could possibly help me.

    I am currently bankrupt (in my first year) and unemployed. I would like to go for a job with CAB as a telephone advisor. However, I wonder if bankruptcy prevents me from working in this role as part of it is giving debt advice. I know you can't be an insolvency practitioner once bankrupt but I'm unsure if this applies to a generalist debt advice role. Do you know if I am allowed to undertake this kind of position or if I am banned?

    Am I best to apply for the role then disclose if I am offered it?

    Thank you,

    Avo
    Last edited by Avocadotoast; 13-03-2018 at 8:20 AM. Reason: Forgot to include something
  • StepChange_Allen
    Hi, i recieved an email from stepchange saying there's an issue with my DRO application and they want me to phone them. This has put my anxiety through the roof and now worried about what they might say, ive got nothing to hide i just really don't like using the phone. Could i email or use live chat instead?
    Originally posted by Gellerbing

    Hi there

    Thanks for posting.

    I can understand you're worried but this doesn't necessarily mean that the DRO application can't go ahead; it could be missing information or just clarifying something with you.

    You could e-mail back (including your name, reference, address and DOB in there to confirm identity) but I'd recommend calling as it'll be quicker and easier to resolve. The team are friendly and only there to help you, so please don't worry about speaking with them.

    If for any reason the DRO can't go ahead, we'll look at what other options are available instead.

    Best wishes

    Allen
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
  • StepChange_Allen
    Hi there, I wonder if you could possibly help me.

    I am currently bankrupt (in my first year) and unemployed. I would like to go for a job with CAB as a telephone advisor. However, I wonder if bankruptcy prevents me from working in this role as part of it is giving debt advice. I know you can't be an insolvency practitioner once bankrupt but I'm unsure if this applies to a generalist debt advice role. Do you know if I am allowed to undertake this kind of position or if I am banned?

    Am I best to apply for the role then disclose if I am offered it?

    Thank you,

    Avo
    Originally posted by Avocadotoast

    Hi Avo

    Thanks for posting.

    I can't be certain about this but generally in this type of organisation I wouldn't expect it to be a problem; your experience of being in debt may be seen as valuable when it comes to such a role. What might be best is before applying, call the CAB (hopefully there'd be a number on the advert for any questions) and simply ask whether being bankrupt is a problem for the role. I'm sure they'd be happy to confirm.

    This way you avoid spending time applying, perhaps attending interviews to then potentially find you weren't eligible in the first place.

    I hope this makes sense, and good luck.

    Allen
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • Avocadotoast
    • By Avocadotoast 13th Mar 18, 9:12 AM
    • 38 Posts
    • 14 Thanks
    Avocadotoast
    Thanks very much for this. I'll do just that. Fingers crossed!

    Avo
    • philnicandevan
    • By philnicandevan 13th Mar 18, 7:07 PM
    • 559 Posts
    • 516 Thanks
    philnicandevan
    Thanks very much for this. I'll do just that. Fingers crossed!

    Avo
    Originally posted by Avocadotoast
    I did my training while bankrupt had to stall a few times though due to my health issues...been a more or less full time debt advisor now for a few years & never an issue when I 1st enquired to be a staff member

    GOOD LUCK hope all goes good...the job is so worthwhile helping someone out particularly beeing in the same boat myself in the past!
    Not quite a newbie as you think (the member formally known as philnicandamy!)

    FINALLY a qualified CAB debt caseworker 2015..
    BSC 58
    • Gellerbing
    • By Gellerbing 15th Mar 18, 4:51 PM
    • 28 Posts
    • 2 Thanks
    Gellerbing
    Ok so i emailed them and was just told that there is an income query on my file and still insist on me phoning them. Obviously im going have to bite the bullet and do just that, but before i do i want to be prepared for what they might ask, so is there anything i should have ready so i can refer to it if needed?
  • StepChange_Allen
    Ok so i emailed them and was just told that there is an income query on my file and still insist on me phoning them. Obviously im going have to bite the bullet and do just that, but before i do i want to be prepared for what they might ask, so is there anything i should have ready so i can refer to it if needed?
    Originally posted by Gellerbing
    Hi

    Thanks for getting back to us.

    I'm glad you got in touch with the team. I'm not sure what this will be about but it's possible they just need proof of income, or to check any difference in your proof of income and what's showing on your budget. Perhaps just have all your accurate income details ready when you call.

    I hope it goes well.

    Allen
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • helen12345
    • By helen12345 20th Mar 18, 10:30 AM
    • 2 Posts
    • 0 Thanks
    helen12345
    limited company bankruptcy
    Hi.
    We are a partnership company. We had a limited company come in and do some work on our property. It was to paint the floors and walls with poycote. We were charged £11,000 and given a 10 year guarantee. They finished the work last month and already we have called them back twice for repairs. Now the walls are just peeling, it is a really bad job. I tried to contact the company and they have said they are going into bankruptcy (because of our job?). We paid all of it by bank transfer. Where do we stand now regarding repairs or getting money back, as we have paid for a substandard job? Their website is already down and I have heard they are selling equipment and leaving the premises. Can I do anything? Thank you for any advice.
    • JeniferWilliams
    • By JeniferWilliams 21st Mar 18, 8:11 AM
    • 1 Posts
    • 0 Thanks
    JeniferWilliams
    Just joined this forum and at the first I just read this conversation. I like this conversation it is great, I got to know so many interesting things.
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