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Hi Everyone. This is my first post. Wish I had found it sooner. Que Sera. Tomorrow, 7th August, I am in Court at 12 noon as 1st Credit and their Solicitors - Lester Aldridge, are forcing a bankruptcy on me for £2,400 for an old LLoyds TSB overdraft from 2009. The overdraft is mostly due to bank charges - still no excuse, I should have sorted it out. I have not heard a dicky-bird from LLoyds or anyone else about this debt until February of this year when Lester Aldridge contacted me and asked me to pay the full amount or they woud begin Court proceedings. I wrote back to them and offered them £5:00 a month, which they obviously refused and they sent me an expediture sheet to complete. I dutifully filled it in and sent it back, showing I had £20:00 spare a month. They asked for a revised offer, so I offered them £20:00, which again they refused. I was then sent a Court date for 2 weeks later. Just before I was due to go into Court I offered their Court representative £65:00 a month. When we got in Court, their representative asked for an adjournment to consider my new revised offer. So a date was re-set for 7th August (tomorrow). They refused the £65:00 2 days later on the grounds of me not being able to afford it as I only had £20:00 a month spare. I told them that my sister had offered to help me with the rest, but they still refused. 2 days after that I offered them £90:00, but again they refused and said they will continue with the forced bankrupty. So, here I am, the night before I go into Court again, absolutely beside myself. Since the previous Court date I have contacted StepChange and taken some advice - they advised I take out a Debt management Plan, but I have decided to go down the IVA route and I have signed an agreement to take out an IVA ( I have other debts that I am paying small amounts to per month). I have written a personal statement for the Judge and I am hoping that he will be fair and not let them make me bankrupt for £2,400. Has anyone any words of comfort? has anyone been through this before? What are my chances?
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Re: In Court tomorrow!
Bankruptcy is not the end of the world, and the amount you owe is whimsical compared to some people.
110,000 people in the UK were declared Bankrupt last year.
Nearly 7,000 people were declared bankrupt in the first three months of this year alone. It’s not known how many of these have been bankrupt before but it’s not unusual.
After being declared bankrupt, any assets can be used to pay creditors, but remaining debts are written off.
As long as certain conditions are met, the bankruptcy usually lasts a year. In theory this offers a chance to start afresh in 12 months. But in reality, it’s not nearly that easy.
Life after bankruptcy
In many cases people are even more vulnerable and financially excluded than they were before being made bankrupt.
There is still a great deal of stigma around bankruptcy and money problems, according to Melanie Taylor, of the Debt Advisory Centre.
The judge will listen to both sides and then make a decision.
For your information......
http://www.nationaldebtline.co.uk/“The only man who sticks closer to you in adversity more than a friend, is a creditor.”
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Re: In Court tomorrow!
HI Jazzhands.
So much for all this boll***s about fair play and if you prove to them you cannot pay then they will be understanding.
I don’t have any words of wisdom and I know jack about your legal position but as Johnboy said this is not the end of the world and many have gone through this and were able to get back on their feet quicker than they thought. As he also pointed out you are certainly not the only one!
The more posts you read on here the more you will realise that none of us know what way a court hearing will go. Do make sure the judge is aware of the repayment offers you have made and that they were rejected.
Many of us will be thinking of you tomorrow and do keep in touch. Here is a big hug :_tighthug__by_darkm- just imagine it is coming from someone who looks like johnboy’s Avatar and not mine!!!!
An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
~ AnonymousComment
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Re: In Court tomorrow!
Well it seems like the end of the world to me. This is my home of 14 years. I don;t want it sold under me with nothing to show for it. Thank you for your thoughs xComment
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Re: In Court tomorrow!
Wow, a judge insisting you should sell your home for a debt of 2.5k. That is pretty harsh! Someone will be along soon to give you clearer advice. :okay:
An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
~ AnonymousComment
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Re: In Court tomorrow!
Do you have an order for the hearing for tomorrow? Is it actually a bankruptcy hearing ? Need to know exactly what the hearing is for tomorrow.
Is this from a County Court Claim - ie do they already have a CCJ and are trying to enforce it?
Need a timeline really if you can exactly whats happened between February and now.#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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Re: In Court tomorrow!
And what court are you at tmw?#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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Re: In Court tomorrow!
Hull County Court. Yes, they are forcing bankruptcy # it is a bankruptcy hearing. They say that they sent several letters and sent text messages and attempted phone calls. In actuality they sent 3 letters.Comment
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Re: In Court tomorrow!
Okay so how did you get to this point? When did they get a CCJ ? or did they send a Statutory Demand ?#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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Re: In Court tomorrow!
Would you be able to post up your personal statement too, as that might help - have you submitted that to court in advance of the hearing ?#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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Re: In Court tomorrow!
No CCJ, just straight to the Bankruptcy order. Personal Statement is quite long and can't type it up tonight, basically its a plea not to do it for such a small amount. The steps I have taken in the last fortnight since the adjourment - spoken to StepChange and initiated an IVA etc. Explained how being bankrupt would put me in further financial difficulty as I would have to rent - (my mortgage is about £150:00 less than a rented property would be. How I feel that 1st Credit have been bullying and intimidating and not really followed due procedure.Comment
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Re: In Court tomorrow!
I just hope the judge is a fair person and will see that the amount is small and your offer of £65.00 per month is reasonable.
Good luck,“The only man who sticks closer to you in adversity more than a friend, is a creditor.”
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Re: In Court tomorrow!
Do you have a lot in the way of other debt? ie. is an IVA actually suitable for you rather than a knee jerk reaction to this threat from 1st Credit?#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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Re: In Court tomorrow!
Hi Jazz
When in Court tomorrow, please reference this: http://www.legalbeagles.info/forums/...from-April-1st
Since the new FCA rules came into being on 1st April, proportionality should be considered. A BR should ONLY be used when ALL other avenues have been explored.
In fact only today a consultation has been launched by The Insolvency Service proposing to increase the bankruptcy threshold above the current ludicrously low £750.
Remind the Judge that the Insolvency Practitioner fees alone will potentially amount to ten times the cost of the debt.
An IVA is a sensible option, as would have been a charging order. BTW do you have children living at home?
GOOD LUCK and let us know how you get on. :beagle:"Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012
)
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If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. comComment
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