Hi have filled in my Bankruptcy petition forms, what do i do next, do i hand them in to court or will i have to telephone them to arrange an appointment

Seq, I am considering going bankrupt, I have no equity in my property, 2 secured loans, credit card bills galore, and have been made redundant. I just cannot afford any of it now, it is making me ill. What would happen if I decide to, do I move out of my house first. I got into this mess but cannot get out.

Apologies, posting as a general question to as many people as can see this. As the OFT is closing end of March and handing over to FCA, I am not sure on their deadline, but I gather they were collating a list of priority matters to deal with for the FCA to continue CCA based work. I am very anxious that so many people here are dealing with similar bad behaviours from the leading debt collection agencies or purchasers, such as Statutory Demand, Bankruptcy, Court including in their absence, all the harassment cases etc. I am also a victim. I wondered if everyone felt the same, to make a last minute surge on complaints, obviously individuals have to do their own, but for example if a whole pile of letters/emails landed NOW on the same type of complaint re. the well known problematic DCAs then as a mass, they are likely to be passed on and may become the next priority. Clearly some need licences revoked NOW as they seem to be getting heavier, especially on Statutory Demands and ARE using the bankruptcy route, but obviously any Court action that is being upheld by judges isn't good. Not that anyone has to take notice of little me...but it is simply even an email, write a line saying you give permission for them to collate the info to assist in their investigations, they only reply to confirm, nothing else, but if you think about it, one trio debt collection company group has now been pulled up, so some of the others most definitely need to be. Thanks

If my husband is declared bankrupt will his business tax and VAT be written off too?

I have a letter today from a collector for a 4 year old debt . It threatens immeadiate payment within 7 days or an issue of a statutory demand the first step in bankruptcy proceedings. What are the next steps I assumed a small claims court summons was necessary first before bankruotcy am i right . The amount is under 5,000 . Also if the form does not bear my full name is it still legal namely john rather than jonathan ? Will there be any point in proceedings where a court will here my offer to pay in instalments or is it if you cant pay the full amount bankruptcy ? Thanks

Hi I need help with working out how much PPI I paid on Capone Card

Hi all, I have couple of questions about both IVA and BR, I am currently on DMP and been so for the past six years, total debt is about 24k, no property or any thing worth of any value! When declaring I&E what are the guidance for a reasonable expenses? Do you have to provide a proof for every single expense?? I have to help my family abroad with a monthly payment of(£350) due to the passing away of my father couple of years ago! will they accept this as a reasonable expense? Do they contact your employer to confirm your salary? how do they confirm your income? In term of BR and if I have to pay IPO, does this change within the three years according to my change of circumstances or is it a fixed amount once declared within the Bankruptcy period?

hi guys a bit of advice needed here......god in thinking cos im worried:| in debt up to my eyeballs with bailiffs at the door by the day....has anyone had any experience of mini bankruptcy???? As in where u can write one debt of for £90 .....sorry if this sounds like a mixed up post but I have just lost my mum too and have to say goodbye to her on Friday ..................head aint with it

my daughter and her ex partner have a joint mortgage plus a secured loan totalling £90k. He has just been released from prison for theft. He has told her it will be in his best interest to declare himself bankrupt, leaving her with the debt. He is being fined for proceeds of crime. There is no way she can take on this on her own, she has 2 young children who are his. She has been paying the mortgage herself but interest only for the past 2 years while he 'sorted himself out' She knew nothing about the theft, it turned out he was living a double life with another family. The house is already in negative equity, probably worthless, due to next door being converted to probation flats full of rowdy young men. I cant help her financially. All complicated and none of her doing. Please can anyone suggest where we turn first. If this is in the wrong section please advise, this is my first time on here. Thank you

Hi everyone, I'm looking for some urgent guidance if anyone is able, I had a Statutory Demand delivered at around 7pm tonight by a man in a flannel tracksuit. When I asked who he was he said he had been asked to hand deliver a Statutory Demand on behalf of BW Legal. He said that he was a 'courier' though I pointed out he had no ID or uniform (he was basically a bloke off the street by the look of him). Not knowing what the envelope was i refused to take it. He then said that BWlegal told him if i couldn't/wouldn't take the envelope he should still just leave it on the floor inside the door, which he quickly did before i could close the door. To my mind this is not 'hand delivered' so in no way properly served but please correct me if I'm wrong. The envelope just had my name and 'private' scribbled on it, otherwise just a white envelope, no other markings at all, very nondescript. Inside were 6 pages all stapled together in one document which included: - 2 page letter dated 24th September 2013 10 days ago (outlining the SD and threatening a bankruptcy petition) - 4 page SD The SD is for a 2003 Lloyds credit Card Account that has been in dispute since April 2009. I sent in my CCA at the time, got no signed agreement back so sent an in dispute letter. Then a month later I received a 'we've found it now' letter with a copy of the signed agreement with a page of partial terms which did not include all the clauses referred to in the agreement. That being the case i left it thinking still in dispute and never SAR'd Lloyds. Thereafter Lloyds chased repeatedly over the last 3 years, engaged DCAs to chase and eventually sold the debt to Lowell in July this year. Since then I had 3 chase up letters from Lowell then this. I will scan and post the docs but can anyone help me with some burning questions: - I have 7-8 days left of the 18 I'm supposed to have and tomorrow is Friday, what is the first thing I should do immediately?? - not truly hand delivered = not legal service of documents?? - deliberate 10 day delay in delivery something I can use against them? - What is the prescribed format for a statutory demand? - Any usual arguments to set aside SDs? - Signed agreement with unrelated/incomplete terms = defence? - Can I change the 'Appropriate Court for Setting Aside Demand' if it is not my most local court? - Should I send any CCAs or SARs to Lloyds/Lowell/BWLegal? :?: Thanks everyone I hope you can help. Cheers, GF2k

Hi I am not sure if this has been put up already, so worth a mention anyway Changes in bankruptcy discharge from the I/S site http://www.bis.gov.uk/insolvency/personal-insolvency/discharge#likelytobegivenearlydischarge Some good clear info below also from what in my opinion is a decent site on debt advice & information http://debtcamel.co.uk/early-discharge-from-bankruptcy-ended/ W

I am after some advice on how to proceed with HMRC. My wife has been claiming tax credits as a single person, whist I have been living at the same address, in 2010 HMRC did a TAX credit check and my wife informed of the situation that due to financial circumstances we were separated but still living in the same house. They accepted this and continued to pay tax credits to my wife as a single person. In Jan this year they sent a letter stating that they had done some checked using a credit ref agency which showed that I was living at the address and they needed more info. After several communications with the TCO they have now decided that we need to repay all tax credit s since 2010. The person dealing with the latest check could not see any signs of the previous check on her system stating that it must have been archived. We submitted an appeal and HMRC have come back to say that as i was living at the address it should have been a joint claim. No ref has been made to the previous check. The form gives 3 choices: Agree with the decision and that i wish to settle the appeal Disagree with the decision but still wish to settle the appeal disagree with the decision and proceed to appeal tribunal given the above is there any point proceeding with an appeal to tribunal should i instead submit an dispute Any advice appreciated

Hi my partner is considering bankruptcy, our home is mortgaged under joint names, is there any way of transferring the mortgage into my name only to prevent the forced sale of the property if my partner declares bankruptcy? There is little if no value in the property if it were to be sold at auction, things getting very stressful any advice appreciated.

I received a Statutory Demand last June for just under £3000 . I thought it was just another frightening tactic and stupidly ignored it. It relates to a Capitol One credit card debt from at least 2007, maybe earlier. I do have other creditors too amounting to a total of around £20,000, all from around the same period. I lost my job in 2004 and ended up using credit cards to survive. Its taken a while but this year I have managed to pay all my priority debts off including mortgage arrears. Just have these not priority debts to deal with! I did speak to a debt management Company after I received the SD and they told me not to worry as it was just probably only a threat as it would cost them more than the debt was worth to take it bankruptcy. They did send me a proposal for a debt management plan but I decided not to go ahead with it as they were wanting £150 a month (which isn't a problem ) out of which they would take the first two payments as an admin fee and charge £25 a month. I thought it a bit much taking money which could otherwise have been put towards paying the debts off. I have now received a letter from Land Registry Bankruptcy Unit, Enquiry 10A, which implies that papers have been submitted to court for a Bankruptcy petition. I have also spoken to National Debtline who weren't very helpful about the bankruptcy petition and didn't know what the enquiry B10a from land registry was. Postman has just delivered a package from National Debtline with loads of info that I'll have to have a read through! I phoned the court and they said a hearing date had been set for early January next year. I haven't had any papers served to me as yet (thought the package from National Debtline might have been them as it was in a large brown envelope!). At present i am working on a temp to perm basis, presently through an agency but have been giving a permanent start date of January 2013. I am also self employed but don't earn much through self employment as work reduced due to the recession. I have also lost out on self employment work due to switching the phone off because of the continued harassment from Hamptons (up to 20 calls a day) Average net income per month is around £1000. I work long hours (leave home at 5am get home at 5.30pm) and live alone so not been home when the man from Hamptons has tried to visit. Also means that I permanently tired and makes dealing with these types of issues more difficult. There is around £100,000 equity in my home so I really don't want to go bankrupt. I am 51 yrs old and will be able to start taking money from my pension fund in 4 years (original plan was to pay the creditors off with cash from my pension but the age was changed from 50 to 55 before you can start drawing a pension which stuffed me on that one). So not sure what to do now. I don't have any spare cash as it has all been used paying things off but was considering trying to get a loan to pay Hamptons off as its hassle I could just do without at the moment. At this stage would there be additional fees (court fees) on top of the original debt? Chances of getting a loan at a descent rate with my credit history are pretty remote I think though. Is it worth trying to negotiate a payment plan with Hamptons at this stage? Although I can afford a reasonable monthly payment, my worry is that they will demand an unreasonable amount that I don't have at the moment and will affect my ability to formulate a debt management plan with my other creditors. I haven't done a CCA or SARS request yet. Is it too late to do one? Can I get the petition withdrawn at this stage? Any suggestions for my best course of action?

Hi i am a new user ,last month i received a statutory demand, i applied for it to be set aside. I have been given a court date for 22nd of august, I need help on how to get this set aside, this is from a french judgement, i lost the case in france, i never understood what even happened. But to cut a long story short we had a charge placed on our property in france. We found it dificult to sell and eventually they told us it would go to auction the amount on the valuation was stupid. We drastically cut the price and managed to find a buyer, they agreed to the sale. They have now come on to us and say there is a shortfall and interest and costs. They also say they have a european enforcement order, we have been given no details of this from England or France. Does anyone know if we would be given details from the court? the first thing we knew was the statutory demand landing on the doorstep, it was served by a bailiff but we were overseas at the time. Any help please.

Hi everyone. My IVA of 5 years has failed and DFD are threatening to pettion for my BR as part of the original IVA agreement unless I come up with a remedy to clear arrears etc. I need to know is there anything I can do at such a late stage to come to a F/F settlement? I have no assets live in a shorthold assured tenancy. BR would give then pennies in the £. Also can I try get a pettion stopped?

Hi hoping someone can help. My wife had a house re-possessed 19 years ago with negative equity. This was with her ex-husband. This they were paying off until 5 years ago when he disappeared...literally. My wife spoke to CAB and everything and was advised to set-up a repayment plan with mortgage express for £1 a month. This has always been paid. She was also informed (wrongly I think) by the CAB that mortgage express had split the debt. In the last fortnight she has received letters stating that she owes £35K. Apparently her ex has been paying nothing and has in fact gone bankrupt. We have been sent an income & expenditure form which we have filled in with my wife's details NOT mine. She only works part-time due to illness and may require operations shortly that will stop her working at all. The house is in my name as are both cars that we own. NRAM are quite willing to work out a payment plan but doing that this will never go away. I think this leaves us 2 options - 1 - offer a full & final settlement (Anyone any idea how much / little to offer) or 2 - she goes bankrupt. If she goes bankrupt how would this affect my house & cars. We have a joint bank account but it is only my earnings that go into it. Advice greatly appreciated

Hi I am looking for a bit of advice please. My wife and I have had our house repossessed (8weeks ago) as we were in arrears with our mortgage. We also have joint debt of £420k, which is approx 90% business related (long story). My wife managed to secure a new job on the day of our house repossession and we fortunately managed to rent a house from a private landlord. My wifes salary just covers all our outgoings and I am desperatley trying to find work. I am ex-forces (22yrs in the RAF) and cannot claim any benefits at all because I receive £520 a month military pension(disgraceful). We have no option but to go bankrupt and the Royal British Legion are helping us with the process etc My questions are as follows: I understand that any money left over after our normal living expenses will be taken by the OR. But, my wife has been told that she will be promoted before xmas and that she will receive a car allowance. Firstly, I have no idea how we will be able to lease or buy a car unless we save the monthly allowance. Does anyone know how the OR will look at this as it's is part of the employment contract that if an employee receives a vehicle allowance then the vehicle has to be less than so many years old etc? Will she be better off not accepting the promotion? Would be a shame as its a great job? Any advice would be greatly received. Thank you

Dear cag, I have significant debt in UK. I am overseas and has been 4 years since the default. My house was repossessed. 1-Is it worth declaring bankruptcy now. what are the pros and cons? 2- If i were to declare bankruptcy and came to work in uk ,i am worried that i will not be able to open a bank account with out which i will not be able to get paid among other difficulties. any solution to this problem? 3- What if i continue to work overseas for another couple of years and then come back, will that change anything? I really need some sound advice on how to plan my future.

I have debts of about 22k for which I have been paying £1 pm token payments for several years. I also owe HM revenue for overpayment on Tax Credits but they have agreed to hold back on pursuing for payment as I am 65 and only income is Pension. I would appreciate thoughts on whether I should file for Bankruptcy or can I continue to make token payments forever.

I need to make a quick decision about this one guys. Basically, I was about to file for bankruptcy as it seems the best option for my situation (renting, safe bank account with under £1000 in, total bank account/card debts of £20K, self-employed but minimal trade until I change career). I had considered an IVA through Payplan but would have ended up paying back 40% or so of the total while I still receive some benefits such as HB, TC and CTC. So, everything was set, I have basic stock left which wouldn't be easy for an OR to sell off...but then I realised that my mother had made around 5 investments for me when I was young, from which the interest was going into her bank account monthly. These investments do total £20K, and thought it best that she close them in case the OR discovers them and puts the blame on me. However, cheques came in my name. What do I do? As the interest was passing to her did they legally become her money? My accounts do actually show I owe her several thousand from loans, but cashing them in then transferring to her looks pretty sneaky no matter what reason. What's the best option for me now, scrap bankruptcy? All replies and opinions on this are hugely important to me right now.

Hi, I would like to ask for some advice regarding bankruptcy. I think my case may well be complicated but I will try and keep it simple without rambling on. My husband and I had our house reposessed last week, we did try and fight it, submitted an N244 etc asking for extra time to sell the property as it has been on the market since June 2013. Unfortunately the judge sided in favour of the lender (Naionwide/UCB). So we had to get out very quickly, less than 48 hrs to be exact. The council could not help us so we were literally homeless!!. Fortunately, a good friend has let us move into one of his vacant properties while it is up for sale. We are paying him rent. Our property has approx £140k equity if sold at the asking price, however, our guess is that we will be lucky to get the mortgage paid off if the house is auctioned off ? We also have £180k business loan (£50k is charges) secured against the property along with approx £60k unsecured debts from various credit cards, car loans etc. So in any case we will be left with quite a substantial debt to repay. Most of which are in joint names with my husband. I am employed and just about to be promoted, which will include a pay rise and car allowance. My salary just covers our rent and living expenses, utility bills etc when combined with my husbands forces pension. My husband is not employed at present but does have a couple of interviews pending. We are considering going bankrupt or may even be made bankrupt by any one of our creditors. But I am worried that if we go bankrupt I will then not be able to get a car with my car allowance which would be a necessity and part of my contract, so I would run the risk of losing my job! I am at my wits end and do not know which way to turn. If just my husband goes bankrupt am I right in saying that I would be liable for any joint debts? Also if my husband goes bankrupt whilst unemployed what happens should he be successful in gaining employment a month or so down the line? Sorry for such a long post, but dont know which way to turn and have had so much to deal with this last 2 weeks. Thank you in advance for any help and advice you can give us.

Hello everyone, Not sure if I have put this in the right place, but I need some proper advice on a serious matter that has arisen. Last year, I sadly lost my business of 8 years due to various reasons and it went into administration. This cost me in excess of £100k that myself and my family had invested in to it. This has caused serious issuEs for me financially, and only this January did I manage to find work, all be it part time as I have 2 children to look after and provide child care for. Yesterday, I received a letter addressed to me personally at my home address from a creditor of my previous business (now closed) asking me for the payment in full of the debt. This debt was in the name of my previous company, not myself personally. The letter is from an accountancy firm which used to represent the company I owned and relates to monies owed by that now closed business, yet this is addressed to myself and demanding the money from myself. The letter is very threatening and asks for the amount of £2650 to be paid within 7 days , or they will issue a statutory demand for full payment, going on to say, in bold type, that failure to deal with the demand within 18 days, they will immediately file a bankruptcy bankruptcy petition against myself personally. This is repeated again in bold type, stating, " I can assure you that if we do not receive payment in full we will issue these demands without any further re-course and cost me an additional £1000. This is very worrying and I feel very threatened by this letter and the threats on it. I have 2 young children to support and I only have a part time job. I have no spare income every month and receive housing benefits to help with bills. Every month I have nothing at all remaining and have no way of paying this bill. Also, as this bill was of the previous business and not in my own name, should this not be the liability of that company as it was a ltd company. They have claimed I signed a personal guarantee but have no paperwork or no recollection of this and certainly did not receive any legal advice for this even if I did. Can anyone help me or advise me to my response. I really don't want to be made bankrupt as I hope that in the near future my situation will be better and I can live normally again. Thanks for reading this and I hope to hear your advice Thank you

just been to court and now im bankrupt and it was painless think i was worrying about nothing least ill be debt free now

Hi Caggers, Just been reading Wendyboats thread in the legal issues and a question i have is, If a creditor wanted to make my OH bankrupt for a credit card / loan debt,where would that leave me as far as the assets are concerned ie house,car, personnel belongings etc.