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    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
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Bankruptcy now seems the only option, but what about "blame" restrictions


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Hi all

 

Apologies for repetition as this has been on a couple of other threads but here is a very quick summary of my problems. Also apologies for the length - but the questions at the end of all of this needs the below explained to demonstrate...

 

1997-1999 Full time employment, reasonable salary for age, no debts, several Credit Cards with zero balances, and relatively high limits

 

2000 - 2005 Freelance (although never without work), great rates, now lots (11) of Credit Cards, zero balances on all, massive credit limits (2003 - baby number 1 born, 2004 move to a new house and get a mortgage )

 

2005 - 2007 Following a downturn in my sector, very few freelance jobs available, so a change of career and went back to permanent full-time employment (2006 - baby number 2 born) difference between the permanent salary i was now being paid and my previous freelance rate is massive

 

Ridiculously stupid plan conceived by me to counter shortfall and any other financial woes using the cards, then when the market improves go back freelance and pay off debt

 

Towards the end of 2006, loans taken out to clear cards - big mistake!!

 

Also received unexpected tax demand in 2006 for financial y/e 2005 for my freelance work. This was paid using cards...

 

early 2007 - current Went back to freelance, and although better than a permanent salary, significantly lower than during the boom of 2000-05. My masterplan to use the money to pay off the cards and loans went sour as I only had enough to pay the mortgage, essentials at home and the minimum payments on cards. One potential saviour was that the value of houses around us had gone up significantly since 2005. My mortgage deal was due to end in Aug 2008. Plan was to remortgage to the max I could and clear it all. combined with the freelance rate, it would just have been enough and should have worked a treat. Except the "credit crunch" came. House prices around me began to drop. Sales stopped altogether. and my mortgage provider is... Northern Rock!! got the letter that said "no new deals for exisgting customers" so ended up on their SVR. Which at the time was high and added around 400 quid onto my monthly mortgage payment. Thankfully with the base rate cuts, my mortgage is cheaper now than ever. But its still on SVR. Also couldn't get any other mortgage deals at the time anyway - nobody would touch freelancers unless they had max LTVs of 65%....

 

2009 - massive tax bill for financial y/e 2008 has pretty much finished me off, cards and loans and overdrafts totalling approx 120k now, interest rates being doubled on some.

 

2009 - Freelance market again dried up, had to accept a permanent role, on a lower salary than I was on in 2005. Enough to pay mortgage, bills and put food on table.... Seriously now not able to pay CCs Loans or reduce O/Drafts.

 

So back in November 08, I got my head out of the sand and totalled everything up. It wasn't and isn't nice (With hindsight, it is at the 2005 change of employment role point that I should have sat down, done a budget, and I'd have easily been able to see where things should have and could have changed). I CCA'd all of my creditors, then using the guidelines and self help pack from National Debtline, I did my SOA, and sent this off with a request for my creditors to accept reduced payments. Started getting replies for me to phone theml to discuss, and several said they would only accept reduced payments through CCCS or PayPlan.

 

So today I went through everything with CCCS. Their solution = Bankruptcy. So there is was in the Debt Remedy Manual in black and white. Its now then, that a bit of fear and uncertainty is kicking in.

My main concern is that the above is very clearly stupidity on my behalf. So if I go down the BR route, is this going to be classed as me being blameworthy in terms of getting a BRO? What's the worst that can happen to me as a result of this? There is absolutely no equity in the house (in fact, we're in negative as we have a secured loan on it as well as the mortgage), I have nothing of any value in the house (aside from a 600 quid telly). I have a 15 year old motor that is on its last legs. Also - how does BR affect someones employment? Can employers really turn you down because of it? Plus as a self employed freelancer, what happens to my business? I am the only employee. BR's can't be company directors can they?

 

Obviously I will be talking to CAB, as well as the BR specialist team at CCCS, but I wanted to get the opinions of the peeps on here who have the experience.

 

Thanks for reading

 

Captain Bob

 

 

"What you see depends on what you are looking for"

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More info on BR here

 

How much do you owe?

How much equity do you have?

Can you realistically afford the house, bearing in mind low interest rates won't last forever and after BR you will not be able to remortgage?

Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi Gizmo. Thanks for the link.

 

Final everything total owed figure (cards, loans and O/D) is 138k :-(

Equity is zero :-(

Savings and investments = Zero :-(

House should be affordable even if interest rates hit 12 or 15% in the future (as long as I can get a fresh start away from these debts)

 

My biggest worry is getting the book thrown at me for my stupidity and to understand exactly what would happen to me at that point...

"What you see depends on what you are looking for"

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My biggest worry is getting the book thrown at me for my stupidity and to understand exactly what would happen to me at that point...

 

Nothing will happen to you, at the very worst you would be subject to a BRU/BRO, which means that you will subject bankruptcy restrictions for longer than a year. It is unlikely in your case, but is no reason to not go BR and make the fresh start.

Consumer Health Forums - where you can discuss any health or relationship matters.

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As you know bankruptcy is a major decision and should not be taken lightly. However if you do make the decision then do it quickly and save yourself loads of hassle.

Stop making repayments to any of the debts. Prioritise all essential expenditure (mortgage, council tax, etc.).

Read a lot - both here and on the various websites such as National Debtline, the Insolvency Service and CCCS. Talk to Citizens Advice Bureau.

Do it quickly and get it over with. But make sure you do it with your eyes wide open.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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