Ask a StepChange (formerly CCCS) counsellor a bankruptcy question

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  • Gerberus
    Gerberus Posts: 46 Forumite
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    Hi,

    I had a bankruptcy back in July 2008; Discharged Jan 2009 and all paid up by August 2011.

    Now I've learned that the local press has again carried an ad, advising that my case is closed and should any creditors want to make a claim on the old bankruptcy they should get in touch with the OR.

    Why on earth are they publishing this so long after the fact?

    Thanks,

    Gerberus
  • alastairq
    alastairq Posts: 5,030 Forumite
    edited 14 March 2015 at 11:04AM
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    Gerberus wrote: »
    Hi,

    I had a bankruptcy back in July 2008; Discharged Jan 2009 and all paid up by August 2011.

    Now I've learned that the local press has again carried an ad, advising that my case is closed and should any creditors want to make a claim on the old bankruptcy they should get in touch with the OR.

    Why on earth are they publishing this so long after the fact?

    Thanks,

    Gerberus

    Because it can take several years to finally arrive at a figure [pence-in-the-pound?] that tells known creditors what they can expect to receive. This may only apply if, there is a surplus of realised assets beyond the costs applied by the Insolvency Service, perhaps?

    There has to be a 'cut-off' date beyond which, 'unknown' creditors can go fiddle?

    I also believe that, at this point, once the BR estate has been finally concluded, any surplus monies are returned to the Ex- BR?

    I ,personally, don't think there was an ad in the local rag at this point.

    But, I did accidentally come across a notice in the London Gazette, which wasn't my BR record, but a notice to creditors. It was around this point that one decided to try their luck with a CCJ..which failed miserably, as might be expected.
    No, I don't think all other drivers are idiots......but some are determined to change my mind.......
  • Gerberus
    Gerberus Posts: 46 Forumite
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    alastairq wrote: »
    I,personally, don't think there was an ad in the local rag at this point.

    The lousy !!!!!!!s put one in my local rag, so all the nosey busybodies (with nothing better to do than scour the tiny print at the back of newspapers for tuppence ha'penny off a tin of dog meat) were able to clip it out and pass it to people I knew in the village where we lived at the time.

    We operate in an information age and yet the insolvency laws (some of them) are 200 years out of date.
  • alastairq
    alastairq Posts: 5,030 Forumite
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    Was a small business involved?
    No, I don't think all other drivers are idiots......but some are determined to change my mind.......
  • storm35
    storm35 Posts: 148 Forumite
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    I am working with Stepchange just now, i have been told since its near April where the rules for bankruptcy are changing, ive to leave it until they know the new rules, but this has been made clear to me, bankruptcy is the only way i can go. In meantime to send letters to my debtors which i have done, my question is, what do i do if they start sending me letters or start calling me up?
    I could only write one letter, the other 2 debtors i could not find an address on their site, so i sent them an email?
    TIA x
  • philnicandevan
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    storm35 wrote: »
    I am working with Stepchange just now, i have been told since its near April where the rules for bankruptcy are changing, ive to leave it until they know the new rules, but this has been made clear to me, bankruptcy is the only way i can go. In meantime to send letters to my debtors which i have done, my question is, what do i do if they start sending me letters or start calling me up?
    I could only write one letter, the other 2 debtors i could not find an address on their site, so i sent them an email?
    TIA x


    if creditors do get in touch tell them your working with stepchange and you'll be in touch...dont tell them about your upcoming bankruptcy as all this will do is increase the calls & pester for payment.
    Not quite a newbie as you think ;);) (the member formally known as philnicandamy!)

    FINALLY a qualified CAB debt caseworker 2015..:p
    BSC 58 :D
  • confused1975
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    Hi there,

    If the court orders you to pay a person a personal debt in a fast track court can this be included in my bankruptcy application. I have lots of business debts due to a failed business but in addition I have this to deal with. I was going to wait until it was resolved as I think that I will win therefore not be ordered to pay. However, if the judge finds in their favour and I proceed with bankruptcy will this be one debt that I have to repay? Thanks.
  • goldenoldiegirl
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    Hi, this is my first post andI feel very nervous but things are really bad for me at the moment and I thinkI’m nearly ready to make the decision to go bankrupt. I haven’t spoken to any family or friendsabout this except for my daughter but she is young and I am very scared aboutdoing this on my own.

    I have about £20K owing on 2credit cards and £1K on a store account. I have been making monthly minimum payments and I have no spare cashafter paying these debts and household bills.

    I’ve had car maintenance billthis month and this is the first month I won’t be able to pay one of the creditcards. I’ve been stressed and strugglingfor so long now and the payments I make are going on the interest hardlyanything is coming off the balance. Ijust can’t see any respite from this, I’ve been reading the information aboutDMP and IVA but I’m 54 and I think bankruptcy would enable me to have a freshstart and sort myself out financially before retirement creeps up but I am soashamed and scared to do it. I rent myhome and don’t own a property.

    My question today is, if I doapply for bankruptcy I understand I will be asked if I have taken advice about debtrepayment options. I’ve spent hours onthe Internet reading about options, and I’ve completed the debt management toolon Step Change – would this be enough advice or do I need to do anything else?
  • storm35
    storm35 Posts: 148 Forumite
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    if creditors do get in touch tell them your working with stepchange and you'll be in touch...dont tell them about your upcoming bankruptcy as all this will do is increase the calls & pester for payment.


    Ok thank you x
  • 77_whitebear77
    77_whitebear77 Posts: 1 Newbie
    edited 18 March 2015 at 10:31PM
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    On the bankruptcy guidelines in section 3 - Assets, its says you must disclose following items to official receiver :
    . tools etc of your trade
    .clothing etc and basic items..
    does clothing etc go in the fixtures and fittings section of assets ?
    i am confused as the CAB example does not list these items in its example of form filling.

    One more question - i have a long term regular bank account also which i expect to be stopped. But what about the Barcleys basic account i recently set up( in preparation ) and have not used yet
    Should this be listed in section 5 , and will it be closed. Is it an idea to explain in the back notes. ?

    Thankyou for your help.
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