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  • FIRST POST
    • noddemix
    • By noddemix 9th Apr 18, 4:47 PM
    • 1Posts
    • 0Thanks
    noddemix
    Making bankruptcy/IVA palatable to someone reluctant
    • #1
    • 9th Apr 18, 4:47 PM
    Making bankruptcy/IVA palatable to someone reluctant 9th Apr 18 at 4:47 PM
    Hi all

    My brother-in-law's financial woes following his separation from his wife have become evident - he's over 40k in the hole and was only aware of 7500 of that. He was discharged from the army after a violent confrontation with the bloke his ex had been having a relationship with and is pretty desperate. We're helping out as much as we can but he's reluctant to accept any financial assistance and won't countenance bankruptcy or an IVA. He's talking about doing a runner and I suspect he's look at joining the FFL to clear his head and debts - they'd undoubtedly take him given his background, but I'm worried that he'll become further isolated and potentially still have the debt to deal with when/if he returns.

    How can I make debt management/bankruptcy more palatable to someone who can't deal with the idea of being on a public register? Or let's say he does a runner, as is looking increasingly likely, no agency is realistically going to catch up with him in the FFL are they? I'm at loss how to help him really, I'm trying to put together a persuasive argument in favour of sticking around and managing the debt but he doesn't think he can recover from this.

    Any advice appreciated.
Page 1
    • sourcrates
    • By sourcrates 9th Apr 18, 5:24 PM
    • 15,586 Posts
    • 14,653 Thanks
    sourcrates
    • #2
    • 9th Apr 18, 5:24 PM
    • #2
    • 9th Apr 18, 5:24 PM
    Hi,

    Never heard this one before, anyway, if he were to join our French multinational comrades in arms, and was gone for 6 years or more, its pretty likely, dependent on the type of debts we are talking about, that when he came back, everything would potentially be statute barred.

    Most simple contract debts can only be chased for 6 years, unless legal action is taken, but even then, if he`s not in the country, they wont bother trying to trace him, if he`s in the FFL he will be invisible anyway.

    Debts do not stay around for ever.

    On the plus side, Bankruptcy is very simple these days, all done online and over the phone, no requirement to attend court, you pay your fee, that's it basically.

    After one year your discharged, he may get an IPA for up to 3 years dependent on any income he may have.

    Does he own any property ?

    There are other solutions too, dependent on his circumstances.
    Last edited by sourcrates; 09-04-2018 at 5:29 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
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    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

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  • National Debtline
    • #3
    • 10th Apr 18, 10:02 AM
    • #3
    • 10th Apr 18, 10:02 AM
    Hello noddemix


    We see a lot of cases of ex-forces personnel who struggle to adapt to civilian life. The word "institutionalised" springs to mind. It begs questions about what is being done to help them reintegrate into the "post-service" world, but that is probably a conversation for another forum.


    I think sourcrates is right to downplay the powers these creditors will have in practice; even if he remains here in the UK, tackling them is just a matter of logic and dialogue - credit debts are civil matters and records like the Insolvency Register do not constitute a "blacklist".


    The solutions you're trying to bring to his attention are perfectly practical ones no doubt, but I think the bigger challenge here will getting him to accept any sort of help, not just necessarily of a debt-related nature. You hint at other possible issues such as mental health; it may be that these issues need attention before others like debts can be effectively addressed.


    Do you have a sense of what he wants/where he wants to be in, say, six years' time? If he has some kind of long-term goal in mind that he will share with you, then you might start to find some common ground to work towards and start to get some cooperation from him that way.


    Ultimately though you need to be prepared for the eventuality that he will refuse to engage and do his own thing, whatever your best efforts.


    All the best


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • flybynight
    • By flybynight 11th Apr 18, 1:34 PM
    • 268 Posts
    • 240 Thanks
    flybynight
    • #4
    • 11th Apr 18, 1:34 PM
    • #4
    • 11th Apr 18, 1:34 PM
    if you could get him to speak to the legion, they actually have advisors that can either help him sort stuff, or at least point him in the direction of people who will. you may find he is more happy ta accept help from the legion as he sees ti as more of a "resettlement thing" rather than a "debt thing"
    saving for more holidays
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