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Debts and considering Bankruptcy

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  • Debts and considering Bankruptcy

    Hi, i moved my welome message here as it is mostly about bankruptcy that i have queries on.
    I would like to know what i might expect if i go bankrupt and how can i get help with bankruptcy fees. Please see below for some outling info.

    Many thanks

    Innertemple


    P.S. also i get totally confused as to whether some of my debts are even enforceable. Some of my creditors certainly havent been in touch for a while after asking for a CCA. But some, for example, Freemans, continue to hound me, despite me asking for a full list of transactions as i did not agree with the amount owed. They simply ignore my requests and threaten me with court action and visits.



    Hi,
    Im new to the forum.
    I was made redundant last year and am unemployed. My boss went insolvent and i was left with various debts which i was already having trouble repaying after my job role changed resulting in me effectively earning a lot less than i was previously, despite getting a long over due pay rise. I basically went into debt when i was earning only 16K and having to travel to London from the South East. It started when i took the job (10yrs ago) on the condition that my annual train fare was paid by the company. After paying for the ticket with a company cheque, i was informed that they were not willing to cover it.
    I should have called it a day there and then, but i didnt.
    I ended up not recieving any travel or expenses disbursements(which supplemented my travel which was not fully covered by expenses due to my location etc) as these were given back to the company directly.
    I ended up having to borrow money often to manage my bills and living expenses, resulting in taking a loan to help with this and the cost of replacing our car so my partner could get around with our new baby boy. I was promised pay rises, which once received were just token gestures.
    I often had to spend money on food whilst out at work travelling around the country, although mostly london, i had to travel as far as plymouth, Essex or birmingham on occasion. And as these would be claimed back on expenses would go straight to the ticket money i owed.
    As a result, the following years saw me borrowing to afford to get to work.
    I ran up approximately 1000-1500 of debt per year. My train fares cost between 2500 - 3500 each year alone and i was still only earning 18K 5 years into the job.
    At various times my wages would be partly paid or paid late due to my bosses new buiseness struggling which would again mean i ended up with many bank fees for missed or failed payments.
    In the last 10 yrs i took out 2 loans, which were both paid off in full, but i still gathered debt between 1000-1500 each yr as i said earlier.
    I was made redundant in 2007 for the first time and received some redundancy. All the redundancy i was paid was used to pay off monthly payments on credit card bills etc. Fortunately i was offered my post back 6 months later. At that time all my savings were gone.
    I insisted i be given a pay rise on returning (i had some sway as another guy had left and i alreafy knew the job inside out).
    I managed to negotiate 25K.
    Unfortunately on returning to work, my debts had steadily grown at the same rate and due to changes in the system in which i worked i was not required to carry out previous activities which supplimented my travel etc. So the pay rise pretty much went on my travel to work as a result of price increases (on everything!) particularly on the trains and travel in the south east (where the operators all seem to thinm we are minted).
    In addition to this, as i had to now travel directly to the office early, i had to pay peak every day, which was aapprox £75 per week and i couldnt afford a yearly or onthly due to my card and debt repayments. About a year later, my bosses business was going downhill, due to our dodgy practice manager (who was paid an obscene amount of money, due to the fact she had been sleeping with him fo the last few years) and the bosses own debt due to unpaid national insurance conts and tax.
    He eventually was made bankrupt and after being made redundant i found about 3 months temp work before deciding to re-enter my previous career due to the competition for my role being far more qualified than myself.
    So, as i said, I am now unemployed, i now have 3 children, no money, approx 18-20K of debt and couldnt afford fees for bankruptcy even if wanted. I wished id had heard of the debt releif order a year or two ago when my debt was less, but the banks and cc companies have pushed my debt up incredibly over the past 2 years with charges.
    One bank in particular, Halifax, reduced my overdraft, to a point which it had already exceeded, then charged me for the excess due to it being over the new limit :P.
    Before being made redundant I wrote to all my creditors requesting a copy of the original CCA. Not all replied, some that were sent were dubious to say the least and a couple were literally aggressive in their response (Halifax/Royal Bank of Scotland and MBNA(Virgin)).
    I sent all of them a couple of letters outlining my situation including my income expenses but most just ignored me. I managed to get a handful to accept reduced payments for 6months, but the ones that would not agree meant i could not balance the budget out at all.
    In particular, one that would not freeze interest or charges was Royal Bank of Scotland. They said it wasnt that type of account and it wasnt possible.
    I asked them to clarify which type of account it was and they just ignored me, as did a few others.
    The Creditors that didnt send me a copy of the CCA or ignored me continued to pursue the debt with relentless telephone calls some as late as 9pm, on my mobile, home phone and also my work line.
    I attempted to speak to them on the phone but they were not interested unless i would agree to pay what they suggested, which was completely unrealistic.
    I receive dozens of letters, all threatening visits or court action and i have no way of paying so do not respond to them at all anymore.
    Does anyone know what i can do or howi can get help with bankruptcy?
    For further info:
    I live in a rented housing association house, i own nothing of substantial value.
    We have a Ford Tourneo which we have had for 7 years. It is probably worth about 900-1000 (a bit knocked about due to 3 kids and two big dogs).
    I am the vans registered keeper, although it is really my partners. I dont have a full licence(am in the process of getting one as i need it to get work, whichill then need the van for so i can transport my tools, currently my partner helps me b doing the driving). i was the keeper as i had to be when i was taxing etc everything online so i didnt think it mattered as it is not proof of ownership, just responsibilty to keep it taxed and roadworthy.
    I am a part qual'd plumber, have had many years previously in the cinstruction industry and am lookin to get bk into work as soon as possible hopefully.

    I have many more details, a lot iof which i have to check my millions of documents for and also have a large problem /dispute with British gas at the moment, due to a previous neighbour and their fraudulent activities with my incorrectly delivered post. (British Gas arent being very helpful, what a surprise). But i will post that some other time after summarising that info from the paperwork.

    Please accept my apologies as there is a lot more detail to the above information, but my brain is completely fried with all the stress right now let alone not working and earning.

    Any help with the bankruptcy would be helpful or anything else you may think of.
    P.S. i am going to Citizens advice this week, but dont hold much hope as they are particularly patronising at my local one and not normally helpful over the phone at all. Most people here live in £1mill properties and cant see that theres anything wrong in the world.
    Last edited by innertemple; 14th February 2011, 20:31:PM. Reason: additional info
    Tags: None

  • #2
    Re: Debts and considering Bankruptcy

    Firstly, you need to contact CCCS and ask for statements of everything you have paid to each creditor. They are the ones who have been dealing with the DMP so should have records of who has been paid what.

    Also contact each OC with an SAR (these cost £10 each so you may need to do them one at a time). This will get all the info they hold on you, including all payments received, statements, charges etc.

    Write to all the DCAs and tell them you will not be paying any money or making any arrangements to pay them until they provide a complete breakdown of the alleged sums owing. There are various letters and templates in Curly's guide which can be adapted.

    Don't deal with any of the DCAs on the phone and don't let any of them into your house, although they aren't bailiffs so don't worry about that.

    Once you've got full details then we'll be able to advise one each creditor separately.

    As Enaid says, they can't get blood out of a stone, and if anyone did take you to court a Judge would know that. As yet, the DCAs have only threatened, because that's all they can do, I'd be surprised if any of them actually carry out the threat.
    Is no longer here

    Comment


    • #3
      Re: Debts and considering Bankruptcy

      Hi WendyB,

      Many thanks, ill get on and do that tomorrow morning, will have to do a couple each week as i have next to nothing atm. I also trying to find work and cant get my head around anything, it seems like everything is in a mess and its so stressful evrytime the door goes, the telephone rings or i get post(which is almost never good).
      On the upside, since my redundancy i managed to get private sponsorship to get the City & Guilds part of my nvq which i completed with an average of 96%, to make it easier to find work. They even funded me for a few other tickets which wouldve cost me around 8k if i had to pay for it, which i never could have.
      Just when i was losing faith in most people in the world, thankfully there really are still are some amazing people out there. id not met someone so selfless for a long time. I cried when i told my girlfriend she had offered it. And that takes some admitting, im a pretty stereotypical physical man brought up in the wastes around middlesborough. Im normally at right at home whacking things with large tools or choppin trees :P, and gruntin while i do that too. Sorry to go on, i dont really have a social life thanks to the hours i did when i was working, so have lost contact with pretty much anyone to ask stuff about. Thank god for forums. lol, damn that sounds sad dont it. hey ho

      ta for the info

      Comment


      • #4
        Re: Debts and considering Bankruptcy

        I completely agree with Wendy here. I saw CAB three years ago now and they advised us to stop paying everything except for priority debts and wait for one of our creditors to make us bankrupt.

        We followed their advice and did exactly what they'd said. It was absolute hell getting our head round the thought of being made bankrupt, but we were still of the opinion that it's all published in the local newspaper still (it isn't!) and everyone would know. However we did accept it eventually as the best way forward and this made things much more relaxed for us.

        Since then, when a DCA has contacted us we've just asked them to go ahead and make us bankrupt - they've all pretty much immediately backed off and 3 years down the line we're still waiting.

        The problem with this situation is (a) if you're worried about continued letters (now meaningless) from DCA's - we're not; (b) if you're worried about owing a lot of money - we're not; (c) if you want credit again - we don't.

        By far the hardest bit for us was getting our heads round the concept of being a bankrupt. Once we'd done that its actually given us a lot of courage to go to creditors and say please will you write off this debt as we can't pay it? It's surprising how much has been written off. A long long way still to go, but they don't seem to want to make us bankrupt and we pay all our priority and "new" bills religiously.

        Hope this has helped in some way.

        Caspar

        Comment


        • #5
          Re: Debts and considering Bankruptcy

          Plus the bankruptcy laws have changed now, although I'm not really all that up on them to be honest. But someone I know went bankrupt recently for 38k, and apparently it will all be over and done with and she'll be discharged in 12 months.

          That said, I don't advocate bankruptcy as a way of debt avoidance, but sometimes it can be a last resort, and if there is nothing to lose, no assets etc, well, who knows?

          As said, the DCAs probably won't go for bankruptcy, as then they would get sod all....

          Just follow the steps above, then when a clearer picture emerges and you have all the info, you will be able to tackle it and decide on the best course of action for you.
          Is no longer here

          Comment


          • #6
            Re: Debts and considering Bankruptcy

            Originally posted by innertemple View Post
            Any help with the bankruptcy would be helpful
            What exactly do you need to know?

            Comment


            • #7
              Re: Debts and considering Bankruptcy

              I know exactly where you are coming from, except for the job part, but the kids making a dramatic change to lifestyle, certainly.

              So you really have a couple of choices here, as I see it.
              1/ Throw in the towel and go from the big B
              Or
              2/ Fight the beggers at their own game and make some personal DCA friends..

              As Casper has said, once you get you head sorted out it really is plain sailing.

              Personally I would go for option 2. Your credit is already shot, so what have you got to lose.
              Hey if they want to make you BK, then all well and good, but I'd be inclined to let them make that discussion.

              Could you do us a break down of debts and assets, would be helpful to have a better picture.

              Comment


              • #8
                Re: Debts and considering Bankruptcy

                100% with you there CB. Let them pay for it as long as you an live with it hanging over you during this time as I'm beginning to suspect that for the ones who are pestering us most they definitely won't do it. The big debts might, but it still costs them money to get nothing back, so is it a sensible business decision for them?

                Comment


                • #9
                  Re: Debts and considering Bankruptcy

                  The only creditors that are even half likely to go through with threats of bankruptcy are HMRC, Amex, certain local councils and some 'trade' creditors.

                  The rest are almost certainly empty threats. No point waiting and hoping for any of those to follow through.

                  As said, a breakdown of what is owed would help a lot.

                  Comment


                  • #10
                    Re: Debts and considering Bankruptcy

                    Hi all, Reading this post with interest and I too have numerous debts that DCA's are chasing.

                    My question is how long will they chase these debts for and will they ever be written off or cannot be pursued by a DCA due to time limits

                    Is there a time limit that these debts will appear on my credit file?

                    thx

                    Comment


                    • #11
                      Re: Debts and considering Bankruptcy

                      Originally posted by Shazzaw View Post
                      Hi all, Reading this post with interest and I too have numerous debts that DCA's are chasing.

                      My question is how long will they chase these debts for and will they ever be written off or cannot be pursued by a DCA due to time limits

                      Is there a time limit that these debts will appear on my credit file?

                      thx
                      As long as you do not make any payment towards or acknowledge the debt for a continuous 6 year period (5 in Scotland) then the debt becomes Statute Barred. This means that it can no longer be pursued through the courts and that you can only be asked to pay it, not told to pay it, so in reality, in time it will vanish. Similarly it falls off your credit file after 6 years.

                      Some debts take 12 years to become SB and monies owed -eg- to the DWP (in crude terms public monies) become statute barred after 6 years, so can't be pursued through the courts, but can be deducted from benefits without your permission for as long as you live.

                      Comment

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