I owe a lot!

[fermi]

If you are income support then I am pretty sure the bankruptcy costs are much smaller anyway....

 

Yes. You should be able to claim exemption/remission for the £150 court fee. The £335 deposit/fee for the OR will still be payable though.

 

Full details and conditions of how to claim under new exemption/remission scheme is here:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_e1007.pdf

 

While the claim form itself is here:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160_e1007.pdf

 

If you are in any doubt as to your eligibility or the level of exemption/remission then please contact the court.

 

Good luck with the interview for the new job.

[fermi]

Thanks Fermi. I know about the exemption form. It's finding the other £335. As soon as I get another job I will book my BR. So it's done. It's the worst thing on my plate now. I could handle not working for a couple of weeks if I didn't owe so much money.

 

I know. Trying to find the fee is a major struggle for many people.

 

Keep everyone updated on here and MSE. We'll do our best to help you through it all.

[fermi]

I was wondering how you got on. That's fantastic news.

[fermi]

I GOT THE JOB! I start on Monday.

 

YAY!

 

Hope you got on OK with the new job today.

 

Stick with things. I've been there and done it and they do get better.

[fermi]

Wow. That sounds like a fab first day!

 

ETA - Fermi, have you been BR? You sound like you know a lot - if you don't mind me asking.

 

I have been bankrupt. Plus I occasionally post on MSE under the same username.

 

There is a vast amount of experience and support here on CAG, on MSE, and on a few other public forums that can help you through bankruptcy.

 

It's a tough time, but there are people out there who have been through the same thing or are doing it at the same time as you. Keep posting on these forums and you will be amazed at the support you will get.

[fermi]

Really does sound like you are turning a corner.

 

The emotional side of it is often more difficult than the financial, but it looks as if you are making some great progress there.

 

Let us all know what your local court says.

[fermi]

As for the pensions - they were frozen ones when I left my employers I think I have two but I don't know how much is in them. I can put down the previous employers but I honestly don't know a lot about them. It just went out of my salary every month. I think it's only a couple of hundred pounds that don't mature for 27 years.

I don't have one now.

 

Just put down the info you have. The OR can make their own investigations if the decide they are worth looking into.

 

On my SOF it states who else makes a contribution to the household income. I live with my mum and dad and my father is the sole earner. My mum does Bed and Breakfast in the summer but that's just for her "pocket money" - so he's the sole contributor apart from me with "keep" and "essentials" like car tax and toiletries etc., - do I just put that down?

 

Yep. Put down what anyone else contributes to the "shared" household expenses, not their whole income. It's only really on the forms so the OR can see that costs are shared fairly.

 

I'm currently in temporary employment and my employer is the agency - should I just put that down? And not the co I am working for?

 

Yep. The agency will do just fine since it the source of income and tax matters that are of interest to the OR.

 

As for my bank account - I have to clear it this week to pay my court fees. I'll only have about £200 left then. And my salary is going to go into my mum's account until I can set up a cashcard account is that ok?

 

Fine. Lots of people do that. Don't leave any money that you need for living in your own account.

 

I'll send my debit and credit card to the OR when they ask for it - or do I take it with me to court?

 

The OR will normally request those when they write to with a info pack and some extra initial forms to fill in. So you don't need to take them to court.

 

I haven't told work. I'm going on sick for the day. I don't want everyone to know. If they find out in my local paper - as I do live in a very small community - d'youthink they'd check the dates? It's not really a big deal because it's not my "career" but I don't want to be fired. And I don't know if I should tell the agency or not?

 

If you are going to tell the agency you are sick when you are not then I suppose there is always that risk. Although (as I'm sure you've read) the adverts are very small, are a bit random as to which paper they go in, and not many people read them.

 

Good luck for whichever day it is.

[fermi]

Fermi to the rescue again. Can I send you the biggest hug ever for all your help. I'll PM my date to you ok? You're the only one who'll know. Not even my mother.

If you like, and you think it will help having someone who knows.

 

I don't know how much my mum conrtibutes. She gets "housekeeping" from my father and that's it. She doesn't really contribute because she doesn't work. I should just writ that down then?

A guesstimate will do fine. Their money wont be touched, and as said it just so the OR can see the overall picture.

 

This pensions thing is worrying me. I have no idea how to find this info. I know one is Tameside for the Manchester Met Uni and the other is Bangor University's pension scheme and I think they have their own. Should I just write that down?

 

Just put down the info you have and the OR will do the rest. Let the OR earn their money.

Most pensions aren't touched nowadays anyway. There is room in the extra info sect (Q13) if you feel you need to explain further than will fit in the pension section.

I won't tell the agency - they're about 30 miles away and the likelyhood of them finding out about it is minimal. And I don't think the ad goes in straight away does it? Does it state on the advert how much debt you were in or just your name and address? Because if my father was to find out I'd have to deal with it but I don't want him to know for how much. I honestly don't know myself how I got into this much debt?

 

No. It will just say name, address (etc), and where and when the order was made. No details of debts are given.

 

Keep posting on here or MSE if anything bothers you in the run-up.

[fermi]

And don't worry too much about the forms. While they should be as accurate as you can reasonably make them, they are just a starting point for the OR.

 

If anything is unclear or needs extra info then that is what the interview is for.

[fermi]

Right the other thing I can't find is the date of the start of my credit agreements etc., and the reason for my debt?!

 

Approximate dates will do. Especially where debts were built up over time (credit cards etc) a range of dates is just fine. e.g between month/year - month year. The OR is used to seeing a certain amount of vagueness.

 

Reasons can be either be something solid and specific (i.e a loan for a particular purpose), or something less defined like "covering a shortfall in living expenses", and anything in between. Again, if you have to be a bit vague then so be it, and the OR's are more than used to seeing that.

[fermi]

Just fill it in the the best you can. The court's bankruptcy clerk should give it the once over on the day to make sure you haven't made any howlers, and the OR is used to forms that are a bit light on detail in certain areas.

 

The forms were designed back in a time when it was mostly business people going BR, so a lot of the questions are focused somewhat in that direction. So if something doesn't seem relevant to you that is more than likely the reason. Large sections of mine were left blank since they simply weren't relevant to my circumstances.

[fermi]

sorry Fermi - I'm getting stressed out now and this is annoying because I don't have all those details - I don't know how to fill in the petition and also I don't know what EXACTLY I am suuposed to take to court. I have all the paper evidence but is it just ONE FORM they need now?

 

It's two forms. 6.27 (Debtors Petition - two sides A4), and 6.28 (the long statement of affairs).

 

6.27 is pretty incomprehensible if you are not a lawyer, and the BR clerk will check that over to make sure it's right. Some clerks will even help you fill the whole thing in.

 

As a rough guide for 6.27.

 

(From a previous post of mine)

 

If you are downloading and filling in 6.27 (the two page petition) then.....

 

Most bankruptcy clerks will help you fill in the bits of 6.27 that you can't figure out on the day.

 

But for a simple case with no business involved.

 

Initial section:

 

Fill in name/address in part (a)

 

Any previous name in (b)

 

Any previous address debts incurred at in ©

 

Put a line through (d) & (e)

 

In part 1:

 

Put a line through:

 

"[My centre of main interests has been][i have had an establishment] at"

 

and

 

"I carry on business as an insurance undertaking; a credit institution; investment undertaking providing services involving the holding of funds or securities for third parties; or a collective investment undertaking as referred to in Article 1.2 of the EC Regulation."

 

and

 

''My centre of main interests is not within a Member State''

 

In part 2:

 

Put a line through:

 

''[carried on business at]'' and fill in your residential address.

 

Put a line through:

 

''[(g) county court]. I am presenting my petition to this court, as it is the nearest full-time county court to (g) county court, for the following reasons:''

 

In part 3:

 

Nothing to do.

 

In part 4:

 

Put a line through the following parts:

 

''I was adjudged bankrupt on (j) in the (k) Court No. (l)''

 

''On (j) I (f) [made a composition] [entered into a scheme of arrangement] with my creditors.''

 

''On (j) I entered into a voluntary arrangement''

 

''On (j) an administration order was made against me in the (l) county court.''

 

In part 5:

 

Sign and date on the day.

 

The clerk and judge were happy with mine complete that way.

 

Hope that helps.

[fermi]

I am not too bothered about work to be honest because I can't stay in this job with this salary. it's ridiculously low earnings for the hours and I am used to a couple of hundred more to be honest. I just hope the OR doesn't take that from me.

 

Even if the OR decides you have a surplus of £100 per month or more, then they can only take 50-70% of the surplus under an IPA. And your surplus really would need to be BIG for it to be at the 70% end.

 

While it would obviously be nice not to have an IPA, if you do get one then it means you are probably bringing in some decent money and the portion of the surplus you are left with will not be insignificant.

 

As I said, try not to stress (difficult I know), and fill in the forms as best you can. Any specific issues, then post back either here or elsewhere.

 

By the weekend you will be able to look forward to a Christmas and new year where your stress levels and worries will be massively reduced.

[fermi]

Yep. The electric bill goes in. And yes, the previous address goes in part ©.

 

You can attach the copies of the pension agreements if you want, or you can add a note in the extra info section saying that you will provide them to the OR if requested/needed.

 

Don't worry, you're not being a pain. I can remember sitting and staring at those forms thinking "What the ****? :eek:".

[fermi]

Oh thank you again. I know a lot of people are reading my story and thinking what a dumb blonde this one is?!

 

The forms are a nightmare and give us all "dumb blond" moments (or make it feel that way). But believe me you're not.

 

I have filled it in. Once again - I don't know the creditor dealing with my current account outstanding from HSBC. I'll just put them down. As for the others - I'll put the original creditors name and the debt collection address as requested if that's right? I have filled in most of this by the way. I'm just checking. I still have a couple of days but I want to do most of it and just go over it finally the day before.

 

All sounds OK. You really wouldn't believe how badly filled in some of the forms the courts and OR get are.

 

How funny is this? I was ringing the court for my date and I was ringing the WRONG ONE. I didn't even know there was a County Court where I am having my hearing - LOL.

 

My local one doesn't look like it should be a court from the outside at all. I had to go and look up where it was on a map, but even then I couldn't mentally "place" the building until I did a dummy run getting there. When I saw it my first reaction was "THAT's the court????":?

 

Anyway, I hope the OR phones me on the day because I can't take too much time off work or it'll be suss. Especially as I am temping.

 

Depends on the OR/court near you, but one of the most common arrangements is for you to speak with the OR for about 5 mins on the phone from the court on the day to deal with anything urgent.

The OR will then contact you after a few days to arrange a time/date for an interview if you are going to have one (you normally will). They are normally very very flexible about when to do the interview, since they are aware that people work and that there can be privacy issues.

 

I just want to be debt-free. Oooooh debt free?! That sounds amazing. I know BR is not easy but I have a CR that is shot to hell anyway. So credit is something I wouldn't want again.

 

It's a very odd feeling, And it can be difficult to manage without day to day credit, but you learn to adapt. Odd really, but being able to open the post or answer the phone without fear was one of the things that made the biggest impression for me. I didn't realise quite how anxious I'd become until that was lifted.

[fermi]

Lou

 

I can assure you I'm not thinking dumb blonde when I read your posts.

 

Feisty lady - that's what see.

 

 

Yep. I think that's the impression everyone will be getting.

 

You're doing a fab job dealing with this, and it's likely that people who read through this thread will gain some courage that it's possible to cope with anything.

[fermi]

As others have said, putting something like "built up over time", "over the past X years", "general living expenses", "juggling/consolidating credit" should be fine.

 

You're not a business whose accounts need to be audited, but an ordinary consumer who has made mistakes and got themselves into a difficult situation.

 

The OR who will have to read the forms is a human being as well, and will recognise all this. It can be hard to see it like that when you are sitting staring at the forms, but they don't expect you to have been perfect.

 

EDIT: For consumer debts, "fuzzy" answers are often expected and accepted.

 

You're doing well, but until it's done and dusted most people emotions are all over the place.

 

(duplicate post elsewhere)

[fermi]

If it's any consolation I was an utter gibbering wreck in the few days before my BR hearing. I had all the anxieties and fears that you have and then some, but I came thought it.

 

I've now helped dozens (probably hundreds) through the same process and 99% have been the same.

 

BR is not easy (and in all honesty it shouldn't be), but for those who need it it does offer the genuine chance of a fresh start.

[fermi]

I know a couple of people from Wales who have gone BR (and probably more who didn't mention on forums where they were from) and it's no different than anywhere else in the UK is compared to anywhere else.

 

Communities vary, but people get up a financial "creek without a paddle" everywhere. It's funny bust most people probably know several people who have gone BR and you're not even aware of it.

 

Crossing out bits on the forms is fine. Point out to the clerk on the day that you have done it, and sometimes they will ask you to sign/initial next to it to confirm that it was something that you had done.

 

Yep. Keep asking questions here and on MSE. Everyone is more than happy to help you out.

[fermi]

And now on MSE there's another person from a small village in Wales.

 

I had no idea they were from there, but it goes to show that you are never as alone as you think.

[fermi]

Yes. Take the ex160 with you and ask the court staff. If they can at all wangle it so that that they can exempt you, then they normally will.

 

I think most of the staff think it's a "bit of a cheek" that you have to pay such large fees to go BR. (as do I......).

 

The frontsheet of 6.28 doesn't need much.

 

Just fill in at the top where it says "RE: ___________" with your full name.

 

In the AFFIDAVIT section just fill in I (a) "Full name again", (b) "occupation" and © "address".

 

Everything else on 6.28 is for you and the clerk to fill in, swear, and sign on the actual day.

[fermi]

Now I'm embarrassed.

 

Having been up to the eyebrows myself in the brown stuff I'm glad to help.

[fermi]

Yep. You can try and relax a bit now. I know that's very hard, but if you can try and get a good nights sleep then that works wonders.

 

I think everyone goes to court worrying about the forms, but believe me yours will be a lot better prepared than many they see.

 

I/we will certainly be thinking about you on the day.

 

You know where we all are if you need anything else.

[fermi]

Glad I caught this before I went off for the night.:o

 

All the luck in the world for tomorrow (Wednesday ) :)

 

We will all be thinking of you and sending you good thoughts. We are all behind you, and I'm sure that includes lots of people from CAG and MSE that haven't even posted on your threads.

 

Let us know how you get on.

[fermi]

Took a few seconds to realise you meant Wednesday. Doh! Thought you had been sneaky for a minute.