New bankrupt journal

[gordonb]

Hi folks,

I went BankRupt last week Jul 1st.

Had got nowhere with token payments, the penalty charges kept mounting up, falling further behind.

 

I filled the forms and went to the court, having rung the day before.

I paid the full whack although I think I will try to claim back the £150 discount as I was also on benefits - does anyone know how to do this?

 

My situation was very fluid, lots of stress, new part time job playing havoc with my benefits allowance, plus a house move to pay lower rent.

Then my car failed mot which didnt help my mood!

 

Turned up at court at 8.30 and was 2nd in line.

7 other cases that day, and the previous day they had to turn people away!

 

Handed over money and forms, the judge saw me for 2 minutes, and that was that.

Spoke to Official Receiver on phone, will hear from them, nothing after 1 week so far.

 

So it shows how many people it is happening to.

 

I then opened a basic account with co-op bank. My jod told me my wages may go into my old account as the date for changing details had passed!

That's not good, as that account is frozen and I'll unlikely see much if any of it - they will try to get me paid by cheque.

 

I'll try and keep you all updated on progress.

 

G

[gordonb]

Heard from OR today, 8 days after the BR.

Have an appointment with them for the 20th. Pain as it right in the middle of a work shift, so will try to rearrange, but the 20th will be nearly 3 weeks already into the BR.

[gordonb]

managed to get the appointment with OR later in the day so as not to clash with work, which is great.

have to take statements, cards, cheque books, etc.

She said the meeting had to be finished by 2pm, and since it's a noon appointment, my maths says it's a 2 hour max visit, so shouldn't be too bad.

I have nothing to hide anyway so fingers crossed!

 

I also had a result in that my first wage from temp job was given to me by cheque.

They couldn't guarantee it wouldnt go into my old frozen one, but now I can pay the cheque into my new co-op basic account.

 

That new account didnt take long to come through, basic debit card and internet functions, so us lot going BR these days have it so much easier than even 1 year ago.

[gordonb]

went for interview with OR on Monday. Main reason it was not over phone was because my work history has been varied, including self employment, so they wanted to go over the details.

Felt like I was repeating the same stuff yet again!

 

She said she would 'write a report'. All seems a bit slow to me, but today marks 3 weeks into the BR, so that's 3 down already.

 

She said they would write to the creditors so that hadnt been done yet, and I have received a couple of default notices.

 

I also took my statements and cut up cards, only to be told they didnt really need to see them! Found that a bit strange, almost as if she a bit unsure of what she was doing.

Also no comment was made about my outgoings claims on my statement of affairs. I don't know if this has to be agreed by OR, or whether it's just accepted.

 

Maybe that will be covered in the 'report'.

 

Oh well, not for me to wonder why at the moment.

 

Also in the middle of house move, so a bit stressed, but pressing forward!

[gordonb]

Is there a guide for what to put as outgoings claims?

Are there general guideline figures that work, or is it really an individual thing?

 

I have yet another questionnaire to fill in about them!

 

Still surprised that the OR has not been in touch with creditors, it's now a month since I was BR.

 

Cheers,

Gordon

[gordonb]

Filled in income payment order questionnaire.

I shouldnt have probs, as my current job has flexible hours, and is only a 12 week contract.

Therefore my income is unpredictable, a big part of why I am in the position in the first place!

 

I was also asked for last 2 years accounts of my self employment.

Since I am sole trader, I dont have to publish accounts. All I have to do is fill in my tax return, and then inland revenue send me the calculation.

I have sent those for the last 2 years as it's all I have.

 

Weird, since I have signed authority fo the OR to see all my bank accounts and inland revenue details - why they are asking me still seems a bit weird.

 

Anyway I have nothing to hide, so will keep telling them what they ask.

I have no house or assets to liquidate, so early discharge would be nice, but I have suspicious feeling my self employment may be a spanner in the works...

G

[gordonb]

I have a new question as of today, but first a quick answer about my trading accounts.

 

I sent a letter explaining to the OR that as a sole trader I didnt have accounts, just the yearly letter from taxman after I had sent my tax return, so I sent them those taxman letters.

 

My new question, which hopefully someone can help me with - today I got a letter from OR with an Income Payment Agreement.

 

It's for £50 a month for 3 years.

 

Firstly, I'm a bit surprised as they know I am only on 12 week rolling contract at work, with flexible hours, so my income is variable and unpredictable.

Presumably I would have to tell the OR each month if I no longer had the £50 disposable income they think I will have!

 

Second question - it says that during the term of the agreement, i.e. 3 years, I have to tell them of any increase in income, and the OR may claim any increase for the creditors. That by definition means after discharge.

 

I thought that after discharge I could earn what I wanted and that was that, but this seems to suggest otherwise.

Can someone advise please?

 

Thanks!

[gordonb]

ta debtinfo - the thing is my income varies every month, so presumably as my expense claim is steady every month, I have to negotiate every month with the OR as to how much I pay?

[gordonb]

the OR will take an average over 3 months and will expect you to save up in the good months to pay in the bad months, they will not change it every month but might do every 6 months if you have a general change in income

 

still seems a bit strange since I am only on a 12 week contract.

 

And it lasts for 3 years?

That means my situation will stay the same even after the BR is discharged?

 

I thought once the discharge happened, you could earn any amount, and the debt was cleared?

 

Cheers.

[gordonb]

Thanks Louise,

My disposable income for the 2 months since BR has not been over £99.

According to my expenses claim anyway, but that did include £50 a month for leisure.

 

Maybe I should also ask the OR for a breakdown of how they reached the figure?

 

It could be I should just sign it, it can be renogotiated, but I worry that once signed the renegotiation may be hard!

 

Thanks for the continued advice.

[gordonb]

Hi Folks,

I thought I'd update you, since it has nowbeen 3 months since the BR.

 

I wrote to the OR on 2nd Sep about the IPA they had sent me, I told them my contract was only temporary and flexible hours, so was queryng the IPA.

No answer a month later.

 

In fact in the 3 months since BR, I have still yet to have any comment about my expenses claims whatsoever.

 

The contact has been minimal to say the least, and I suspect their office is swamped with work.

 

I will just plod along until I hear further.

 

One downside, my work pays every 4 weeks, meaning 2 paydays in October.

That could present problems when I tell the OR!

 

Will keep you updated on any developments.

 

G

[gordonb]

ok, so BR was 4 months ago now.

Not much change since last month to be honest.

Still no response from OR since I queried IPA.

Still no news about the expenses I put down.

 

I know they must be busy chasing bigger cases, after all the court was turning people away when I went, but I do find that strange.

 

I am also still getting calls from BOS, which I dont answer, and letters from MBNA, still saying they are charging me late payment charges.

 

Is there someone I should be reporting them to for this?

 

Regards,

G

[gordonb]

Hi folks,

5 months into the BR.

Despite hearing very little from the OR, I was carrying on, then I got a letter from OR about possible early discharge.

I had to fill out another income and expenses form, but no problem there as my situation is unchanged, figures are the same.

Fingers crossed, that seems promising.

 

I never did hear if my expenses figures had been allowed or not, but now I am presuming they *are* allowed.

 

Keep getting letters and phone calls from some creditors, which I had just been ignoring, but BOS visited my old address, so I had to contact them to get it stopped.

They told me they had not been contacted by the OR

I asked them to confirm that in writing, so I could chase the OR.

They refused, saying it was not something they did.

 

I suspect the reason they don't is because it would commit them to a position of not being informed, which I suspect they are fibbing about!

Then they asked if I had another BOS account when I went bankrupt, and I told them I did.

They said they had been informed about that one, but not the other one, and were not able to cross reference.

 

I have little doubt that this is cobblers, that they have been writing and ringing knowing full well I was BR - ho hum at least they will stop now.

 

So back to waiting to see what happens, with a potential early discharge on the cards.

[gordonb]

Hi folks,

no posts from me for a while, because there was no news!

I filled my early discharge questionnaire in December, but the OR had specifically said not to follow up on progress because he would not answer as he was too busy.

 

Since Bank of Scotland continued to write to me and call me, I assumed it was them that had refused an early discharge.

 

Then I got a letter last week from the OR, my early discharge went through on March 11th!

I got a copy of the court order.

 

Incidentally I also on that day got a letter from Bank of Scotland agents telling they were preparing papers to take court action.

I had ignored all their previous efforts, and while I knew this would be thrown out by the same court that dealt with the BR, it was a load of hassle, so I rang them and told them I had been bankrupt since July.

Lots of silence at the other end - they suggested they got in touch with BOS, and I agreed!

 

Anyway, the early discharge order says I need to -

1. continue to cooperate with the trustee.

2. continue to cooperate with OR regarding administration of my BR estate.

 

I'm not sure what those mean - any advice?

 

Also, I think I am now eligible to stand in the election.

I am disqualified if I am subject to bankruptcy restriction orders.

Whilst I was BR that disqualified me, but I presume I am now not subject to any bankruptcy restriction orders?

 

Advice appreciated!

 

So that was an 8 months banruptcy - stressful on the mind in advance and sometimes during, but it does get rid of a *lot* of stress longterm!