I have a charge order placed on my house by Bristol & Wessex Water for £1800. They recently sent me a letter stating that if I don't pay the full amount they will be taking legal action and apply for an order for sale. I then will be sent an order to vacate my property within 28 days. My house is owned outright with no mortgage and currently valued around £200K. I am living on a small private pension with no chance of paying back the debt. I went to the CAB who told me that I will end up homeless and living on the streets as there is no social housing available for single men. The Water company placed a CCJ on my credit record so it's impossible for me to borrow money to pay back the debt and keep my house. I could never understand why there were homeless people on the streets, but I do now. I will be joining them soon. What an idiot I was buying a house. If I had a council house I would have nothing to worry about and a safe roof over my head. I know a chap near here who lives in a housing association bungalow. He owes banks £73k and will not end up homeless. Comments welcome.

Hi I feel as if I should know how to do this by myself but age is catching up with me & the brain's not as sharp as it once was so any help will be greatly appreciated. I went bankrupt in 2010 & was discharged in 2011. When checking my credit file with Equifax - all ok but Experian have a default with Provident marked against me, dated 2011 ! Prov were definitely included in the BR & I know they are wrong to have marked the default after the date of the BR so I wrote to them demanding they rectify the information they provide to Experian, posted recorded delivery & good old RM didn't get a signature to show whether it had been delivered ! What do I do now ? Do I send the same letter, this time by Special Delivery ? Do I do nothing & wait for 28 days then if no response from Prov, complain to the ICO stating s7 Interpretation Act ? Do I send the same letter, this time by Special Delivery but pointing out the 28 days started from the date of the original letter ? As I said, any help will be greatly appreciated. After 6 years of waiting, it's a pain in the proverbial not to have a shiny clean credit file

typoIn 2011 I went into bankruptcy, I “gave up” some buy to let properties as they went into the BR pot. After approx 12 months I was discharged. One such property, in negative equity, the lender appointed an LPA Receiver and any council tax arrears as a result of the property being empty and unrented were paid by the lender, please see below a breakdown of payments, after my discharge from bankruptcy: 31.10.14 - £564.66 09.07.15 - £341.41 09.02.16 - £486.00 The property is not deemed to be Mortagee in Possession whereby the lender is liable for the council tax, however the lender is indeed acting as mortgagee in possession. Furthermore I have had no dealings or say in the rental or potential sale. Do I have a case to prepare to take to court?

Hello, I unfortunately find myself at a point in my life where I was made redundant, owe approx £30,000 and have very little income and no assess. I have decided bankruptcy seems the most logical solution as I have had to retrain so will be doing a degree for the next 3 years. The only issue I have is trying to understand what payments I will need to make, if any. So my income is as follows: Student Finance (Including Parents and Dependent Allowance) - £12000 (Paid for 39 weeks only) Tax Credits - £168 a week Child Benefit - £48 a week I have 3 young kids and a wife. My problem is I have asked both Citizens Advice and Stepchange but both are unsure if my Student Loan can be classed as income. I was quoted the following: 31.7.78 Student loan income It should be noted that where a bankrupt is in receipt of a student loan this is not income which can be claimed under an IPA/IPO. So does this mean my income would be tax credits and child benefit? I find it hard to believe that they would ignore my major source of income. Any help appreciated, for reference the figures are within a few £'s as I do not have exacts but am happy to find them if needed. Thanks.

Hi, I am new here and I looked through the forum but the questions that I have, have not been asked before. So I am starting a new thread. I have been in credit card and secured loan debts for more than 15 years and most of the time, I have been working to pay my debts. The life had been very hard. But last year a friend advised 'not to pay any of your credit cards debts as you are just killing yourself', and I did stop paying them which gave me some breathing space. Now I have one creditor taking me to court to seek a CCJ. I have reviewed my financial situation carefully and I have come to a conclusion that I will not be able to pay any of my debts for at least another 10 years and I am 48 now. The same friend has advised me now to stop paying mortgage and remaining 2 secured loan payments and apply for bankruptcy, which I agree to but I am worried about committing BANKRUPTCY OFFENCE, and ending up up to 15 years of BRO. Could the following be considered Bankruptcy Offenses; If I stop paying my mortgage (which has a negative equity of about £15,000) and secured loan, then could this be considered a bankruptcy offence as I would have piled up debt? I am employed full-time and my take-home pay is about £1500 with overtime. But I want to give up this job as it exacerbate my Sciatica pain. I want to do taxi-driving for a while which I did before. Will OR consider this an offence as my income will go down to about half? I had stopped paying my creditors over a year ago, so could this be considered an offence or fraud? I am also the director of my own LTD company(book publishing) but it made a loss of about £1500 in the first year. I am not hoping to get any financial reward from selling any more novels in the near future. So if I sold the entire shares to a friend or family member then could this be considered an offence. I want to do this before bankruptcy as I know I cannot remain a director. Thanks in advance for your help!

Hi hoping for some advice. I am currently 10 months into my bankruptcy, I did not get an IPO at the time of my interview as my disposable income did not allow. I have been offered a new job which will obviously change my situation. Should I hold off until I am discharged before taking a new job? What would happen if I didn't say anything how would they find out / or do I have to say anything? Appreciate anyone who has any experience in a similar situation.

In 1996 my husband was declared bankrupt following a business failure. At that time I took over paying all the mortgage payments including all the insurance endowment premiums. At that point there was no equity in the property. In 2006 the Protracted Assets unit of the Official receivers "took" my husbands share of the property and the endowment policy although, by that point, I had been paying all the mortgage/insurance premium payments for ten years I made no effort to prevent them from doing so, I realise that was probably a serious mistake but it's spilt-milk now. The property was eventually re-mortgaged (in joint names) to pay the receivers and my husband's name remains on the deeds, just because we never took it off. We did sign a Tenants in Common agreement giving me 100% of the equity in the home but did not enter it with the Land Registry, because we didn't anticipate another bankruptcy situation would occur. I continue to pay all the mortgage payments and all the endowment premiums with no help from my husband to this day. As a result of another business failure my husband is now considering bankruptcy again although he is in negotiation with his creditors, they are not showing much enthusiasm to agree a reduced settlement presumably because they can still see his name on the house deeds. He cannot get a DRO or IVA due to the size of the debt and his lack of income at present. All the debts are credit cards and therefore unsecured. The endowment policy has recently matured and I have the funds secured in my own private bank account. I paid the premiums for 20 years and I consider these monies mine. The interest-only mortgage is due in about ten months and these funds will be needed along with other investments that I have made alone. What I want to know is: Given that my husband has contributed nothing to the mortgage and endowment policies for the last 20 years are his creditors or the receivers going be be able to get at my home, again, simply because his name appears on the mortgage and deeds? Will either be able to claim a share of my endowment savings from my own account? Is it worth me instructing my own solicitors to protect my interests should court or bankruptcy proceedings begin or will I just be wasting my money? Thanks in advance for any advice.

hi all, I recently have had my income cut from £1700pcm to only £430 pcm for personal reasons which are not really relevant.. I have debts I was paying but am unable to continue to pay them. Currently my outgoings monthly are more than what I earn and I need to cut down my monthly spendings... As you can imagine you cant afford much with £430! I have done an online questionnaire with Step Change who based on my answers have recommended bankruptcy... I don't really know the implications and people are putting all sorts of scary things in my head! If you go bankrupt does that mean you can no longer have a bank account? I will still be working so will need to be paid my wages! Can you not have direct debits to pay for things anymore? So car insurance etc you would have to pay in full? Also will anyone be able to take my car? Its only an old 1989 Golf and I use it to get to work. Wouldn't of thought it was worth a lot! How long does it affect you being able to pay monthly for things? Does it affect anyone else living in the house? I mean it wont negatively affect their credit will it? Also if I have things bought on credit such as a sofa and dishwasher will they come and take them back? Thanks for any help

Hello. I was made bankrupt in December 1998, I was not aware of this until a couple of years ago whilst enquiring about my pension and they told me about my bankruptcy. I have recently been in touch with the Official receiver and have completed my telephone interview, they have written to the courts and confirm that my bankruptcy will end in 1 years time even though my order at the time came under the 3 year rule. They inform me that my pension still forms part of my original debt and that I will not be able to access this. My question is, can I appeal or do anything to get my pension back, it is only worth about 25,000 pound but it is a lot to me as I am on disability payments for a terminal lung disease. I left the UK in 1997 and currently live in Ireland but I have family in London. Can anyone advise me on this or put me in touch with a solicitor (who doesn't charge 200 per hour) Thanks

i'm proposing a personal attempt at arranging payments to my creditors, i will attempt that and see what happens. the other option will be bankruptcy, ive no assets and know what it entails, i did it 8 years ago. my question is, i hold a santander current account which all my pay etc will go into and which my debts are being paid. if i go bankrupt can i still use my other current account with natwest who'm i owe nothing to, to pay my wages into? will the administrator let me do that ? so i can ringfence my money in the early days

Hi there, my husband and i will be making ourselvesf bankrupt, but i need to ask who will deal with the bankruptcy after we have filed for it (my debts total several hundred thousand pounds, repayment of directors loans for our previous LTD company, which we can never repay) We have have no assets, no savings, on benefits and live in a private rented house , on housing benefit. my husband is on ESA due to mental health problems. Will the official receiver oversee it or can the major creditor ,( who happens to be a nasty piece of work) apply to be the trustee? I keep reading if there are no assets, then the OR will act as the trustee himeslf.

Hello I have may times previously read posts from this forum but never felt I had any authority, experience or knowledge to write and place a post before now. It has taken me a while to rebuild my confidence, self esteem and self worth after one of the most stressful periods of my life. As a very proud, hard working person throughout the times of my troubles I did not ever seek help until it became a necessity legally and neither did I claim from the state or share my problems with my family. I am only telling you this so you can understand the type of person I am and whether this was the right or wrong thing to do is now irrelevant as what is done, is done. What I can say is that I did what was right for me but if I was to advise anyone else I would immediately and without hesitation tell that person to seek advice and help. My troubles stared in 2004 after my business collapsed partly through my own stupidity, partly because I was ill and partly because of identity theft. The end result was I faced certain bankruptcy unless I could pull together £5,500 within 28 days. Everyone who has been in debt, has debt or in financial trouble knows that this is near on impossible. What made my situation worse, is that I was being made bankrupt over a fine imposed on me by a third party that was not a government official but by a membership association that I was not even a member of! I tried to resolve the issues myself without involving a solicitor because frankly, I had no money to pay for one. I was ashamed of my predicament and ashamed that I had not prevented the situation. By not seeking proper legal advice I made a bad situation worse. Despite being in court and the 'other side' admitting to having no contract or liability to impose a fine, in a moment of sheer panic, stress and if I am honest being bullied by the 'other sides' solicitor I made the fundamental error of agreeing to pay the debt in instalments in a futile attempt to avoid bankruptcy. The District Judge awarded the 'other side' and I was made bankrupt. It was a devastating blow. I don't have the words to express how I felt that day or for the few days to come but I did phone round every solicitor in the google list that specialised in bankruptcy and not one offered me any help or were prepared to fight my corner because I had made an offer to pay in the past. The fact that this company had absolutely NO jurisdiction to fine me meant nothing. I simply had to accept the bankruptcy and face my car being taken, the humiliation of my home being repossessed and my lifestyle scrutinised. It was worse than horrific. I am quite a determined individual and in the normal course of things can handle stress not too badly and through work I have learnt to thrive on it and use stress as a motivator. After 3 days of complete despair, crying and wanting to kill myself I finally picked myself up to face things. I met with the official handling my bankruptcy and whilst even she was shocked at the why, the evidence and the amount being demanded by the 'other side' which had now increased to over £15,000 and counting as that figure did not include their legal fees nonetheless, the official procedure of freezing and claiming my assets begun. Throughout this painfully shameful & hideous process I questioned whether there was any way around the bankruptcy and losing my assets and more importantly my home. I was given a leaflet. I learnt annulment was the only way. In this department, I found no end of solicitors who would gladly prepare my case once I had paid their fees and the debt in full up front. Obviously, being made bankrupt I was not able to borrow any money to save my skin and lets be honest, if I could have borrowed any money I would have done it before the bankruptcy, I was in a predicament but my determination had kicked in. I chose a solicitor, informed him that I would be seeking an annulment and would have the funds to cover his initial fee in his account by the end of the week. My solicitor had explained that it would take a couple of weeks before the cash was needed to settle ALL debts I owed was required so I had a little time. A fortnight to be precise to find in excess of £25,000. When you are made bankrupt, in order to annul your bankruptcy ALL your creditors (not just the person who made you bankrupt) MUST be paid off in full before it goes before a Judge. I am pleased to say I stopped my house from being repossessed, I still have my car and my bankruptcy was annulled because I raised the money to pay it off. Throughout my ordeal, I learnt a very painful lesson which was get the facts clear, find out the law and seek advice before opening my mouth. I now strive to pass that lesson on to try and help others avoid my predicament.

I'm after some IVA advice Some of you may be aware of the ongoing saga of my troubles with Robinson Way. Well, it has now culminated in us having no choice but to try and get an IVA. We have a creditors meeting in the morning but our IP rang us this afternoon to tell us that all our other creditors have replied but RW have refused our proposal. The trouble is, we dispute the amount RW are claiming so how can they work out whether they hold 75% of the debt? Also, they have refused to supply our IP with evidence of the debt because they say they've already provided it to us (they haven't). They've already had an application for Summary Judgment refused (at the beginning of June) because the Judge said there was insufficient evidence for him to make a judgment and we have a date for full trial in October. Our IP is taking legal advice and said that there may be a chance that they can strike out their debt on the basis that they have refused to provide them with evidence of the debt. Any thoughts??

I'll try to keep this simple and to the point. A stat demand was served and a hearing set to have the application to set aside heard. I withdrew the application to set aside on the grounds that a settlement was reached. Fast forward and payments on the settlement agreement have stopped on my end as the deliverable from the petitioners can physically be no longer provided. Namely they are no longer authorised to sell stock as specified in the settlement agreement and the forms for transfer have been returned by the company. I don't see in which world it would be just for me to pay for something that I'm not going to receive. They have issued a bankruptcy petition for the breach of the settlement agreement and I have until Tuesday to file a 6.19. Does this form need to be accompanied by a witness statement and hand delivered to the court or can I fax/email? Is the 6.19 even the right thing to do here? Thanks in advance.

Changes to Bankruptcy and DRO limits from 1st October 2015 https://www.gov.uk/government/news/improved-help-for-people-struggling-with-problem-debt

Not sure if anyone in here can help. I am looking for a short term loan to pay the insolvency Trustee for the purchase back of my house equity. I have managed to raise £10k already from friends and family but I need another £5k. I dont think anyone would lend me some money as I am still in my Bankruptcy Year. I also have another friend who said they would get a loan on my behalf. He was Bankrupt in 2012 but he can't seem to get a loan either. He tried Freedom Finance Brokers who claim to be able to help.Does anyone know of a loan company who might consider either of us please?The loan can be secured on the house or the equity can be transferred into my friends name and therefore secured against the house.

I have noticed on various programmes, EA's threatening Bankruptcy in cases where they cannot get peaceful entry, the Debtor seems to know their rights, and there is either no car, or the car is on finance etc. I thought with Bankruptcy it is a big "no no" and a risk to licence etc to use Bankruptcy/threats of bankruptcy purely as a debt collection tool. But just as importantly, if they are doing this in the hope of securing their fees, surely this is against the best interests of their clients? Legally speaking, I would assume an EA could do a land registry search to see if the debtor's name is on the house, but I was under the impression they cant do for example credit reference checks, and would not know if there was a large mortgage outstanding. So by issuing a Statutory Demand, and going ahead with it, the creditor could find themselves only unable to collect more than a few pennies on the debt, if even that (if debtor owes loads of creditors) It seems to me that people whom EA's threaten with bankruptcy should complain to the various licencing bodies. in some cases it might even be better to wind up the EA etc until they do go the BR route, rather than paying the fees yourself. I wonder if any sort of offence, or whatever would be committed now, that the debt at which BR can be issued has risen - i wonder if all the EA's understand that, so threatening BR for a debt under the new amount (is it 5,000?) could very easily be seen as using BR threats as a debt collection tool, and an attempt to unlawfully intimidate the debtor.

Hi, In September 2014, I filed for Bankruptcy. Recently the Insolvency Practitioner arranged a House Valuation and has now sent me a letter requesting that I pay £26 k as this is the equty in the property. The house is in my sole name. I am working full time and have just enough money to keep my head above water although may be able ot find £50 or £100 per month by cutting down more if I have to although it is so tight My plan eventually was to try and sell the property a few years down the line for a smaller more affordable one. I am only paying interest only on the house and so will never own it as it stands. I have two teenage kids.My questions are as follows and I will try to keep this short: 1) Can I request a re-valuation? With all the issues worng with this property and comparing to others in my area, I fail to see how they have vauled it so high. 2) Can I make an offer below the £26k? And if so, what are they likley to take? For example, if I offered £1,000 would this be laughed at or will they take £5k or £10k, or any other amount? Like 50% for example? Anyone any thoughts on this at all? 3) What will happen if I can't offer anything? Will the house just then be re-possessed or will they just ask me to sell it? 4) If I do nothing how long is it before anything happens? They have given me 14 days to respond to their request. Thanks for your anticipated help JJ

Need an opinion on this is anyone has any ideas or should I just SAR them? I had a Halifax Credit Card from 1997, included in my bankruptcy Oct 2010. Tidying up my credit history I came across this that puzzled me. The credit cards showing movement on the balance. When I look at the balance history in September 2010 shows £4,210. In Oct 2010 £4,030. Between Oct 2010 to Aug 2012 the monthly balance gradually decreases to £3,455. (Looks as thought payments are being made, I haven't made any). Then between Sept 2012 to Mar 2013 the balance starts increasing in gradual steps to £3,926. Why would this happen? Thanks

Hi all, Just a quick message anyone have any bankruptcy experience when the debt is held in the UK by a UK resident at the time of loan advance (in this case it is a mortgage) where the debtor is now resident in an EU country. What are the implications to any assets held by the debtor located outside of the UK when the debtor is no longer a UK resident? Thanks

Hi Guys, Been reading about the Power of Attorney and bankruptcy. I have read that bankruptcy removes the POA on mortgage, can anyone tell me if the POA goes back after bankruptcy if house is kept. If this is correct then no lender can repossess my property when the house is discharged. Power of Attorney https://www.gov.uk/government/publications/powers-of-attorney-and-registered-land/practice-guide-9-powers-of-attorney-and-registered-land 2.1 General powers under section 10 of the Powers of Attorney Act 1971 2. Types of power of attorney 2.1 General powers under section 10 of the Powers of Attorney Act 1971 The Powers of Attorney Act 1971 provides a short form of general power of attorney that can be used by a sole beneficial owner of land. It operates to give the attorney authority to do anything that the donor can lawfully do by an attorney. However, powers in that form dated before 1 March 2000 are never suitable for dealing with land of which the donor is a joint proprietor. And those dated after 29 February 2000 may only be used by a joint proprietor if the donor has a beneficial interest in the land. The death, bankruptcy or mental incapacity of the donor will automatically revoke the power. The donor may also revoke it at any time. Terms & Conditions on my mortgage company Section 17. Attorney 17.1.4to enforce any right or claim which you have over the property. The Power of Attorney granted by the execution of the deed is therefore now “revoked”.

For a few years now I have been burying my head in the sand over my debts and have decided now I need to deal with them as they are looming over me like a dark cloud. My situation is: Housing: Tenant/rented accommodation Income: ESA/DLA I have been contemplating bankruptcy for a while but the stigma and shame is holding me back. I have a breakdown of my debts: Mortgage express-£64,000 (This is the main reason for this thread) Mail order-£1400 (no payment plan in place) Mobile phone-£209 (no payment plan) Credit cards Vanquis credit card-£195 (pay £1 pcm) Link financial (Barclaycard)-£1950 (pay £1 pcm) Tesco credit card-£2400 (pay £1 pcm) Egg (now Barclaycard)-£5100 (pay £1 pcm) Capital One-£451 (pay £1 pcm) I am thinking of writing to all my credit card companies and request they write off these debts where I have been paying £1 pcm to each of them for approx. 4 years now, what is the likelihood of them executing this request? I am thinking of the same action with the mobile phone debt and mail order. I cannot agree to a payment plan as I simply do not have any surplus income. If they refuse, do I set up a £1 token payment plan like the credit cards? With regards to the mortgage shortfall, this has been on my file for approx. 3.5 years and I haven't had the chance to dispute this amount (I had a buyer that the mortgage company refused to sell to as I would not sign an "acknowledgement" of the "£64k" alleged debt). If they had accepted the buyer, then this debt would have been approx. £18k, but they decided to proceed with the repossession (negative equity) and this resulted in this amount. They have written to me a handful of times over the last 3.5 years but no action via the court as yet. As I want to deal with my credit file, would it be wise to instigate communications with them so this can be settled via the court?

Hi I made myself bankrupt in December regarding other debts (not specifically council tax). In October, the council issued a summary warrant for council tax. My advisor stated that I would not have to pay 2014/2015 council tax as the summary warrant was issued prior to bankruptcy and the full year would be regarded as a debt. I received a letter from council stating I owed £181 for the above mentioned year and I questioned this and the said it was for council tax for after bankruptcy. Does anyone know what is correct? Should it all be written off for the full year or not? Thanks in advance

Not posted for a while and I know the DWP has been done before but my question is on a very old debt (1998) for £493.00 can they still demand repayment even though I went bankrupt on 2006? They say unless they were specifically named on the bankruptcy petition they can still come after me. I say they can't. Who is correct? Cheers

WOAH!!! HERE