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antarctica

Bankruptcy - what will they take from my house and what to expect?

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Hello all

 

Just looking for some desperate advice really.

 

My husband and I owe in the region of 45k, built up through periods of unemployment mostly. We are currently on benefits and seeking work, nothing forthcoming.

 

We have no way of paying this money and are getting rather desperate.

 

My question is if we go bankrupt what can they take from our house?

 

TV?

Computer?

Books/DVDs?

 

It's really all we have, we don't own our home or have a car.

 

What could we expect them to want to take and sell?

 

Thanks for any help

 

A

Edited by antarctica
change of title

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Bump


09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

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I don't think they can take the shirt off your back... or can they?:(

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You are allowed to keep:

“tools, books, vehicles and other items of equipment as are necessary to the bankrupt for use personally by him in his employment, business or vocation” in addition to “clothing, bedding, furniture, household equipment and provisions” necessary for satisfying the basic domestic needs of you and your family.

 

However there are conditions and those conditions centre around how valuable the property that falls into the above groups can be. A rule of thumb that is frequently used is £500. So if you have a car that is worth more than £500 that you use for work, chances are you’ll need to see it and get one for £500 or less and give what’s left over to your trustee. If your trustee tries to bend these rules push back – hard! Tawnyowl-wish you all the best.Keep posting,we will give you all the help and advice you need.Many have and are going through bankruptcy in here.Many famous people have gone bankrupt,made me feel slightly better when going through it.2 links for you.

The Insolvency Service Website Bankrupt! 65 Famous People Who Lost It All Best wishes

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Best wishes from me too

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they will only took item of high value ie: over 1 000 pounds..... unless you have some picasso or turner painting then you will be fine .

 

hgoiwever if you owe houses and car and/or motorbike the OR might be interested in theses... .

 

the OR has no interest in your sofa, tv , bed wardrobe clothes etc.... unless they are antiques .

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Thank you guys.

 

What about computers? - I have an old laptop (8 years old) and my husbands PC cost about £500 and is 2-3 years old. Would they take that?

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No interest at all.So no worries about yours and your husbands PC.And anyway if they wanted it which they wont,the hammer that would remove the hard drive would make it worthless anyway.How are you going to finance your bankruptcy,some have written to different organisations and i believe got the funding.Have you had any advice.Best wishes,Tawnyowl.

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Thank you for your kind response!

 

I would love to be able to get the fee's paid for the bankruptcy. Any ideas where to start?

 

We are on benefits and so saving the fees would take quite a while!

 

A

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Will help you tonight as im going to work while its still there.Dont worry you will be ok.Got plenty of ideas.Others will advise as well,For now do you want to check your credit report,no credit card bank details required.Allways handy to have correct details when filling bankruptcy petition in,Link here-bye for now Tawnyowl, Free Credit Report now and every year - annualcreditreport

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Thank you very much for your help and also that link. Have sent for my husbands and my credit reports :)

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As i see it as you are on benefits and renting your house there is no need to rush into bankruptcy.Have you got a shortfall from a house you previously owned.Are your creditors putting pressure on you.Have you CCJs,have you reduced any to token payments.Have you asked any of them for a copy of your CCA.Now when after taking proffesional advice you decide this is the best option,you accept there is no other way to go you will move to petitioning for your bankruptcy.At the moment i feel you are at the seek proffessional advice stage-2 links follow Bankruptcy | Debt Advice | Payplan CCCS - Free Debt Advice from the UK's Leading Debt Charity They will ask at court if you have taken advice when petitioning for your bankruptcy,maybe time to do this,they are friendly.Best wishes to you at a difficult time in your life.Now after such deep thoughts,i do like to lighten things for you,i hope you like this tune.

Best wishes Tawnyowl.

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We took advice from cccs yesterday and have an appt to speak to someone next monday. we have no assets and no savings/cash, nothing!

 

Benefits are 100.95 a week for the pair of us, thats all we have.

 

They have told us to send token payments to creditors for the moment so will do that for £1.

 

Thing is I went through all this in 2005 with cccs to try and sort out my debts and creditors just kept adding interest and even though I paid thousands I am still in the same position 4 years later.

I can't see that any other option than bankruptcy will happen. Unless we win the lottery!

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I understand your circumstances fully,and believe apart from making token payments,you may be making the correct decision to go bankrupt sooner or later.Tell us what the cccs councellor says and we will then talk again.Lottery,mmm you never know.You may find this interesting,http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/howtopetition.pdf it answers a lot of questions Others may advise as well,best wishes Tawnyowl.

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I decided against the payments as it seemed liked "p*ssing into the wind" we just don't have the money.

 

So I have sent the creditors letters saying we're seeking advice from the cccs, could they stop adding interest and we'd be in touch in due course.

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Will be back tonight got a few ideas for you in your situation,Tawnyowl.

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Thank you so much Tawnyowl, you have been so helpful :)

 

It's reassuring to know it's not as scary as I thought being 45k in debt.

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Hi Antarctica,sorry to hear of your situation. Hopefully i can be of help or atleast relief. I went Bankrupt yesterday (30.06.2009) and it nothing like as daunting as you think. I have recently found myself unemployed for the first time ever (i'm only 33 but never been out of work) therefore i am also on benefits and myself and my wife get the same amount of benefit as you. I had to pay the obligatry £360 for the bankruptcy but the court admin costs of £150.00 were wavered because i currently recieve jsa,the form you'll need for this is an EX120 form. All you need to fill in is your name and address and tick which benefit you recieve and thats it.

As for the actual bankruptcy form i was really worried about this but again it's really straightforward. I don't own my home so no complications there,i don't have a car or business either so really straightforward.

All you do is obviously write your name and address,list your creditors both secured and un-secured,how much you owe each and what each debt was for,ie; credit card, personal loan etc. Then add it all up (it'll be a shock at the end,i expected £17k but was actually £27.5k! It ask's for any bank accounts and whether they are used to have your income paid into regularly.

They'll need your income and expenditure but you are not required to list exactly where your income comes from,if it's all benefits then thats all you have to write.

After that there is a box where you are asked to write a brief reason as to why you have found yourself in this situation. Thats it!

No bank statements required, no letters from creditors etc.

I went in the court yesterday at 1.15pm by 2.15 pm i was on my way home again debt free.

You'll speak to the official reciever who will just confirm your name and address and contact number and thats it all done. Because mine was so straightforward i didn't even have to speak to the judge i just sat in the waiting room.As for your concern about what they can take,don't worry. Unless you have anything of considerable value they'll nothing. There is a section in the form that asks if you have any clothes or furniture etc of any exeptional value if you don't then they are not interested at all,your pc,laptop,tv,furniture and other household items are quite safe i assure you.

Sorry for the long reply,if you think of any other questions feel free to pm me or to reply on this thread. Good luck and don't worry it's no where near as daunting as you first think,i know. Dave.

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Hi wurzelyzf

 

Thanks so much for your message. It's great to hear from someone that has been through a very similar thing to myself. I am also 33 but have unfortunately been through a lot of unemployment due to ill health and temporary work.

 

Now we just have to get the £360 each together, after the CCCS tell us that bankruptcy is our only option which is sure to happen when we talk to them on monday.

 

Getting the cash together to admit that we have no cash will be the hardest thing.

 

Thank you again!

Edited by antarctica
typo!

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You're very welcome. I agree it seems a bit ridiculous having to find so much money when you have no money but it is definately worth the effort. You can get some companies to make you bankrupt if you owe over £700 to them but it will take ages,you'll have to go through the ccj's balliffs and loads of time before they do that which is obviously very frustrating and stressful. Better i think to just put as much away as you can to raise the £360. If necessary go bankrupt one at a time,thats what we're doing. Now going to save up so my wife can do it.

When you do do it make sure you list EVERYTHING,including any unpaid energy bills,council tax.tax credit overpayments EVERYTHING. They might not be able to wipe everything but if it's down there then they'll certainly try.

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If only we had thought of this before our Credit ran out then we could have used the credit to become bankrupt! - oh well!

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If only we had thought of this before our Credit ran out then we could have used the credit to become bankrupt! - oh well!

lol,yeah thats exactly what we said too. Still,live and learn i guess.

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Trying to look into ways of getting the £720 we need to both become bankrupt. We have nothing to sell!

 

I am not sure that Npower will front us the cash. Shame we aren't with British Gas as they may have.

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There is another way to get the money,it's a little under hnded but it worked for me. Stoppaying your energy bills and use that money for the bankruptcy,then when you fill out your bankruptcy forms list those unpaid bills as part of your bankruptcy then when it's all done change energy providers.

I'm not saying this is what you should do as it's a bit desperate but then desperate times etc, this is what i ended up doing and it worked for me.

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Hi

 

Thanks for the hint, but we only have £50 between us at the moment and pay energy bills quarterly so have nothing saved for that anyway.

 

A

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