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Debt Action Group > Formal Solutions: Bankruptcy, Administration Orders and IVAs

Formal Solutions: Bankruptcy, Administration Orders and IVAs Advice on some of the formal debt management solutions


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Old 23rd April 2007, 19:31   #1 (permalink)
oggy
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oggy Novitiate
Default bankruptcy order made against me, advice please

my city council have hand delivered a letter today, it is titled as follows...

"Petition the court that a bankruptcy order may be made against My Name, My Full address."

the amount is for £1200+ and is council tax for last year + £250 from the previous year.

i'm not disputing the amount or the fact i have to pay council tax, but i dont want to be forced into bankruptcy.

my mortgages are for £40k & £8k, house is worth around £150k.

what on earth should i do? and will i lose my home?

the order is dated 30.03.07 and i have until 31.05.07 to file a form 6.19 objecting to the order.

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Old 23rd April 2007, 19:55   #2 (permalink)
The Phantom
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Default Re: bankruptcy order made against me, advice please

As far as I know if there is equity in your home the Official Receiver will be interested in case of bankruptcy, but for such a relatively small debt I doubt they would force a sale, especially if there are children involved, the hous eis jointly owned etc
But I suggest you act quickly in response now
Can you speak to a solicitor , or else the National Debtline or your local CAB ?
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Old 23rd April 2007, 20:02   #3 (permalink)
alanfromderby
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Default Re: bankruptcy order made against me, advice please

I would advise you contact the CAB urgently - they have solicitors available free of charge, and they are specialists in these kinds of situations.

At the end of the day, if you can make a reasonable offer, it is likely that the court would accept this - however, you do need to get proper legal advice.
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Old 23rd April 2007, 20:17   #4 (permalink)
oggy
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Default Re: bankruptcy order made against me, advice please

thanks for the replies.

i have tried the national debt line tonight, but it was very busy, will have to try again tomorrow.

will try & get into the cab this week, but they only have one session per week where i live. looks like a trip to the city.
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Old 23rd April 2007, 20:20   #5 (permalink)
The Phantom
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Default Re: bankruptcy order made against me, advice please

Please don't delay.
You really need to act on this. If you are a member in a Trade Union you should be able to speak to a solicitor through their legal scheme - most unions offer this to members
Whichever way - do it quickly
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Old 23rd April 2007, 20:22   #6 (permalink)
Zooman
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Default Re: bankruptcy order made against me, advice please

who sent this and what is the title of the letter? if it on a court style form or a letter, and how many pages is it?

is it a statutory demand?
 
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Old 23rd April 2007, 20:24   #7 (permalink)
Zooman
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Default Re: bankruptcy order made against me, advice please

for get that seen the form 6.19 objecting to the order part, it is a statutory demand

pay £500 tomorrow and they can not make you bankrupt as you owe less then 750.

the court will make no order for installments and you WILL lose your home the only thing you can do is compound it with agreement of the council or pay the £500.
 
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Old 23rd April 2007, 20:33   #8 (permalink)
oggy
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Default Re: bankruptcy order made against me, advice please

Quote:
Originally Posted by Zooman View Post
for get that seen the form 6.19 objecting to the order part, it is statutory demand

pay £500 tomorrow and they can not make you bankrupt as you owe less then 750.

the court will make no order for installments and you WILL lose your home.

looks like i'm in big trouble.


it's a 2 page document.

page one is called form 6.7, page 2 is called the endorsement. both have been stamped by the county court.

form 6.7 has 6 bullet points, number 5 saying that a statutory demand was served on me on 16th january.


if i get hold of the full amount & pay it, is that the end of the matter? what if i cannot get £1200? would a part payment like you say fend them off?

i have 5 kids living here, we just manage to pay the mortgage at the mo. times are tough, but i only have myself to blame.
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Old 24th April 2007, 14:32   #9 (permalink)
payingonlyencouragesthem
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Default Re: bankruptcy order made against me, advice please

An emergency secured loan of £1200 should set you back less than a tenner a month. Not ideal but better than bankruptcy. Only use a major high street bank or reliable mortgage broker. You never want to mess around doing nothing where council tax is concerned.

Last edited by payingonlyencouragesthem; 24th April 2007 at 15:34.
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Old 24th April 2007, 15:44   #10 (permalink)
sequenci
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Default Re: bankruptcy order made against me, advice please

I’m so sorry to hear about this, what a nightmare.

I’m not sure reducing the debt to below £750 will help now as the petition has been served, it would only save you at the pre-petition stage.

It is very shocking that they are going down the route of bankruptcy for such a relatively low debt amount
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