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Posts posted by abc123def

  1. Another form question, well sort of. I've spent today writing page 30, the statement or explanation of how I got in this mess and how my debts incurred. Do I have to be specific about each overdraft, credit card or loan? Or does it suffice to say I fled a DV relationship with nothing, needed to rent and find furnishings and was not eligible for benefits for x amount of months and lived (stupidly) on credit?

  2. I'm applying to have my address kept from the Register under Insolvency Rule 6.235B. The lady from CAB tells me she thinks the fee for this is around £40 but that a Judge is unlikely to approve it as in reality few people are allowed to have their address kept off the register.


    I fled a DV relationship 4 years ago and my ex managed to find me up until 18 months ago when I last moved. I've managed to keep my address from him successfully to date here and really want to continue keeping it from him. I know it would affect me mentally if I felt he could find me. Apart from my own witness statement stating what happened, I have a letter from my GP who supported me during the relationship, while I was in a Refuge and after and she asks that my address be kept secret.


    Is the CAB lady being unecessarily pessimistic as to my chances of keeping my address off the register or am I likely to be successful? I'm so worried about it. I know some people apparently don't proceed with BR once they know their address cannot be kept secret and they are worried about DV, but I have no choice really and have to proceed and just know that if the Judge says no I will live in fear the whole time.

  3. Unfortunately as the debt was joint and your ex has died, that means the debt is now yours alone and its you that will be persued for it. You could let the house be repossessed and then you could in theory make an offer of payment of a sum towards the debt you owe which they may consider. However I would expect they would want to see what your assets and income are, because if they feel they are able to claim back all they are owed through court they may well want to do so. They tend to accept lower offers as a full and final settlement only when they don't think they would be successful in getting back the total amount otherwise.

  4. Yes the CAB office have made me an appointment so I have a date and time to attend with my forms. Scary now. The scariest part is the possibility of losing my car, as it would hugely impact my life on a daily basis due to disability plus one day when I am well enough I want to work and the car is essential for that. It's not cut and dried but the CAB lady says she hopes they will let me keep it. It's only a banger (£800 on paper but in terrible condition so in reality less) but I will never have the money to buy another and not having a car will leave me more or less housebound. But not being in work atm they may say I don't need it. Still, bankruptcy is my only real option so it has to be done.

  5. Thanks. It's not the CAB lady's local court I'm going to as she is County wide but she has been to my local court with clients before I think as she said my court uses an appointment system whereas hers do Bankruptcy on a turn up first come first served basis so she seems to know both. I do struggle with telephones due to disability but will try to phone the court and find out, just so I know.

  6. Secured debt is wiped off when you go bankrupt or more accurately, when you are discharged from bankruptcy but it is only your own personal sole debt that is wiped. Had your ex been discharged from their bankruptcy? I am assuming not and that though they had been declared bankrupt, they had not been discharged which would mean that all their debt declared, secured or not was/is still live and therefore the bankruptcy has got rid of nothing not even for them.


    Any debt that bankruptcy clears is only for the person who has declared bankruptcy and then has their debts cleared, so if something is a joint debt and there remains one person still liable, then the creditor will chase them instead for the whole debt which has happened to you. That is why when someone goes bankrupt or considers it they need to seek legal advice as to the consequences, any joint debt adds complications such as you describe and often either both should go bankrupt, or ways should be found to make the debt into one name BEFORE bankruptcy. Though the court ordered your ex to take on the mortgage solely, they can't MAKE the lendor release you from the mortgage so the court order is worth little in reality if there is no way the respondant can fulfill the court order despite their efforts to.


    It seems as if your ex was badly or not advised legally before bankruptcy was applied for, and it seems you were badly or not advised legally before you bought the house share from the OR and there is a resulting mess. Really sorry you are going through this, I think you may have to decide to cut your losses with the house, let it be reposessed and work out ways if you can or can't make up any shortfall.

  7. I've almost finished completing the Bankruptcy forms to take to court. I'd read somewhere that you need three copies, one they file at court, one they send to the OR and one they give back to you but today the lady from CAB who helped me with the forms (and she certainly seemed to know her way around them, she obviously does this a lot!) says you only need the one form when you go to court.


    I know I needed three copies of everything when I went to court to get Divorced and I saw the muddle and difficulties of people who didn't know that there, trying to get photocopies etc. so when I go to court next week I want to be prepared and have all I need with me.


    So, do I need three copies of my bankruptcy form for court or just the one?


    Thanks in advance.

  8. I am considering bankruptcy. It seems the only solution and CAB have advised me this is my best option given my circumstances. I have some questions if that's ok.


    1. My first is about my pension which is my only asset. I was awarded it as a share of xh's employment pension at the time of our divorce 2 years ago and it is now a stakeholder pension arranged through an IFA. Is this at risk? I can't draw on it myself and have no access to it until I would retire in 20 years time. But even though I can't get at any funds from it, can the official receiver or whatever they are called get to it?


    2. Will people know about the bankruptcy? Will it be in the local paper or will it come up on the internet if my name is typed into google?


    3. I am currently living on means tested benefits and DLA due to severe depression and anxiety and I also have a spinal deformity. I don't receive any money for my back specifically but as I am unable to carry things like shopping or anything do have a Blue badge for the car so I can park close to places. I am worried that I may lose the car and I won't manage shopping otherwise. It is only valued at £800 is it at risk? Also although I am not well enough to work at present, I aim to work one day and would need a car to access employment and if it is taken now I will never have the money or the credit to buy another so it would effectively remove any posssibility of being able to work in future.


    I think those three are my main questions for now, the pension being the most important. It is the only asset I have, despite not being able to access it. Thank you in advance for your help.

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