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  • FIRST POST
    • Davy Prime
    • By Davy Prime 8th Jun 19, 2:40 AM
    • 2Posts
    • 0Thanks
    Davy Prime
    help with fee
    • #1
    • 8th Jun 19, 2:40 AM
    help with fee 8th Jun 19 at 2:40 AM
    Hi, My friend is having a really bad time at the moment and is left with no option but go bankrupt.
    As it stands she is currently at 45k and rising in debt and has had her lease revoked meaning she is unable to make her payments. She is now destitute and her mental health and well being has really suffered.
    Long story short. She is a sole trader. borrows money to buy a business that had a member of staff. That staff member stole. Admitted stealing and was let go. 6 months later files with tribunal all sweat and innocent. Demands a large sum of money etc. My friends insurance would not pay her costs to defend the malicious case because she dd not follow acas code of practice. Although sort advise prior to letting this person go gross miss conduct. Thief now in denial of admitting the dishonesty takes legal team with her, wipes floor with my friend. Gets awarded just shy 20k with interest at 8%
    Papers arrived begining of this year causing my friend to have a massive break down and has gone from happy sole trader to manic depressive full of panic and anxiety unable to function. day to day. She couldn't work so had to shut the doors (small cafe) no work no income, no income rent arrears.

    I am looking for ways to ways to get the £680 fee together for her as she has nothing. And i mean nothing. I've started a gofund me to see if that helps. She is in no fit state to deal with this but is in no fit state to try fight any more. World is literally turned upside down for her and its wrong really wrong
    Does anyone know a way of getting the fee by way of grant or something
    Thank you.
Page 1
    • custardy
    • By custardy 8th Jun 19, 3:28 AM
    • 34,831 Posts
    • 29,529 Thanks
    custardy
    • #2
    • 8th Jun 19, 3:28 AM
    • #2
    • 8th Jun 19, 3:28 AM
    Hi, My friend is having a really bad time at the moment and is left with no option but go bankrupt.
    As it stands she is currently at 45k and rising in debt and has had her lease revoked meaning she is unable to make her payments. She is now destitute and her mental health and well being has really suffered.
    Long story short. She is a sole trader. borrows money to buy a business that had a member of staff. That staff member stole. Admitted stealing and was let go. 6 months later files with tribunal all sweat and innocent. Demands a large sum of money etc. My friends insurance would not pay her costs to defend the malicious case because she dd not follow acas code of practice. Although sort advise prior to letting this person go gross miss conduct. Thief now in denial of admitting the dishonesty takes legal team with her, wipes floor with my friend. Gets awarded just shy 20k with interest at 8%
    Papers arrived begining of this year causing my friend to have a massive break down and has gone from happy sole trader to manic depressive full of panic and anxiety unable to function. day to day. She couldn't work so had to shut the doors (small cafe) no work no income, no income rent arrears.

    I am looking for ways to ways to get the £680 fee together for her as she has nothing. And i mean nothing. I've started a gofund me to see if that helps. She is in no fit state to deal with this but is in no fit state to try fight any more. World is literally turned upside down for her and its wrong really wrong
    Does anyone know a way of getting the fee by way of grant or something
    Thank you.
    Originally posted by Davy Prime
    I very much doubt theres any support for a BR fee.
    • fatbelly
    • By fatbelly 8th Jun 19, 7:38 AM
    • 14,202 Posts
    • 11,217 Thanks
    fatbelly
    • #3
    • 8th Jun 19, 7:38 AM
    • #3
    • 8th Jun 19, 7:38 AM
    Well, there is support but it's limited.

    Anyone who is ex-forces can get assistance from RBL/SSAFA but I see fewer now than I did than in the days where older people had all done National Service.

    Many trade-related organisations can help so it is worth looking at turn2us for relevant charities. There is a thread here. It is a bit out of date but still worth a look. Note my contribution to that thread, as that may be a relevant charity.

    https://forums.moneysavingexpert.com/showthread.php?t=4279781

    Note also that the application process has now changed and the standard way to pay is by card online. You are not supposed to use a card then put that into your bankruptcy...

    I would also run the whole situation past Business Debtline. Bankruptcy sounds appropriate from what you say but there may be issues and bankruptcy is difficult to annul if it is the wrong strategy.
    Last edited by fatbelly; 14-06-2019 at 5:57 AM.
    • TheGardener
    • By TheGardener 8th Jun 19, 8:00 AM
    • 2,919 Posts
    • 2,949 Thanks
    TheGardener
    • #4
    • 8th Jun 19, 8:00 AM
    • #4
    • 8th Jun 19, 8:00 AM
    As fatbelly says - Talk to Business Debtline as soon as possible.
    • Davy Prime
    • By Davy Prime 8th Jun 19, 11:42 AM
    • 2 Posts
    • 0 Thanks
    Davy Prime
    • #5
    • 8th Jun 19, 11:42 AM
    • #5
    • 8th Jun 19, 11:42 AM
    Thank you for the info. Yes its definitely a mess thats for sure. She did have good credit but as you say paying for it knowing that you cant repay it is not the right thing to do and could make her not get the order. For the tribunal system to be gamed like this and have a hard working person and employer turned destitute is so wrong and unfair. She has gone from strong independent women to riddled with panic and uncontrollable out bursts of tears and depression. Totally flipped her upside down.

    She has one chance to be in some part have the weight taken off. I feel for her really do. Times ticking away and i dont feel it fair that she should have to go through the undignified process of having the door knocked at her only safe and calm place. A tiny low rent bedsit in the grounds of a private estate.

    If she doesn't get this it will never end and i dont think she will ever come back to happy positive strong independent woman she was. One chance odd staked against
    • Minkym00
    • By Minkym00 8th Jun 19, 7:18 PM
    • 199 Posts
    • 79 Thanks
    Minkym00
    • #6
    • 8th Jun 19, 7:18 PM
    • #6
    • 8th Jun 19, 7:18 PM
    Are you aware that the fee can be paid in instalments? It won’t go through until fully paid up though.

    Does she have any assets she can sell?

    If she is paying any bills like credit cards, she should stop paying them as the debts will prove in her bankruptcy. Stop paying council tax especially as that debt is also written off by bankruptcy.

    If she has any credit left she could consider putting on a card. The likelihood of a credit card company reviewing her transactions when she is made bankrupt and making a complaint is extremely low. In any case the OR will not look unfavourably at her for doing it, they know people need to do it to go bankrupt. It certainly wouldn’t stop the order being made.
    • terrence45
    • By terrence45 10th Jun 19, 10:33 AM
    • 123 Posts
    • 55 Thanks
    terrence45
    • #7
    • 10th Jun 19, 10:33 AM
    • #7
    • 10th Jun 19, 10:33 AM
    It can be paid in instalments, in that you can start the application online and pay by card as much as you can afford towards it until you get to the total needed. Then you can submit.

    She has/had a cafe - can she not sell equipment to raise the fee? It's only going to be disposed of otherwise.
    • mwarby
    • By mwarby 10th Jun 19, 7:09 PM
    • 983 Posts
    • 369 Thanks
    mwarby
    • #8
    • 10th Jun 19, 7:09 PM
    • #8
    • 10th Jun 19, 7:09 PM
    Will the £20k be included in the bankruptcy, IIRC court fines etc are excluded, not sure about employment tribunal awrds
    • fatbelly
    • By fatbelly 10th Jun 19, 8:07 PM
    • 14,202 Posts
    • 11,217 Thanks
    fatbelly
    • #9
    • 10th Jun 19, 8:07 PM
    • #9
    • 10th Jun 19, 8:07 PM
    Will the £20k be included in the bankruptcy, IIRC court fines etc are excluded, not sure about employment tribunal awrds
    Originally posted by mwarby
    I suggested running it past Business Debtline because I wasn't 100% sure. It's not a fine but if any component of the award was regarded as damages, that part may still be able to be pursued, to an extent determined by a court, post-bankruptcy.
    • Ebonydeluxe
    • By Ebonydeluxe 13th Jun 19, 8:56 PM
    • 97 Posts
    • 77 Thanks
    Ebonydeluxe
    Possibly
    Hi,
    It is really good that you are helping to support your friend and hopefully she will find herself in a better place once all of this has been resolved. I am also trying to help a friend through a debt problem. Like someone else mentioned, double check that bankruptcy is the right option for your friends situation. I would hate for her to go down that route and still have to pay out money to someone who has been dishonest.

    I was very lucky and was able to have my bankruptcy fee paid for by a charity on turn2us https://grants-search.turn2us.org.uk/. I think someone has already posted this link. Use the search to see what might be available. I was eligible because I work in one of the eligible professions. It also says they can help if your partner works in one of the professions.

    I couldn’t fund the bankruptcy without this help. It would have taken at least a year and all the stress of the creditors hounding me. The application process took about two months from initial application to payment. I applied over the end of the year through to the new year, so it could have taken long due to it being the holiday period. I had to complete about three application stages and provide lots of documentation, which I had gathered for the bankruptcy anyway. I was very honest about my situation, which in a way was useful in going through the whole bankruptcy process and self-reflection on how I had found myself in my situation.

    Has your friend been able to seek help from their doctor, such as being referred for counselling? This may help her in the long run. For me the process of going bankrupt was not just about filling in an application and saying goodbye to my financial problems. It was the beginning of realising that I had let my life go way out of control and had to admit that i needed help. I am in a much better place now emotionally and mentally.

    Good luck!
    Hoping to be debt free for life!
    • db2016
    • By db2016 14th Jun 19, 1:25 PM
    • 157 Posts
    • 384 Thanks
    db2016
    as others have said really,



    the fee doesnt have to be paid in one go, and just stop paying the debts that would be being paid to go for the fee - eg if someone is paying £300 monthly just to meet the minimums, stop that and put that towards the fees, then in a 2 months ish thats the fee paid for and the debt you didnt pay the minimums on would be in the BR anyway.


    go see CAB or similar soon, or any other relevant bodies through business side of things.
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