Bankruptcy only option?

[susie66]

Hi

Have a long story so will try to shorten it to relevant information.

 

 

I have debts of about £35k from a business I gave up in 2013.

 

 

I was a sole trader so they are all personal debts.

They are all unsecured loans.

 

 

On and off I have visits from bailiffs and debt collectors.

Some are reasonable,

some are rude and abusive and claim to have powers they don't.

 

 

I have not let any of them into my home, nor do I answer phone calls or letters.

 

I have severe mental health problems and this is not helping.

. I have had advice from cab which turned out to be wrong

and spoke to Another on the phone who admitted they didn't know the answers.

 

 

I am at my wits end and not good with forms at all.

I receive high rate personal independence payment and esa.

 

My questions are.

Will there be a time limit on being chased for these debts?

 

I have no spare money so am I best going bankrupt?

 

Will my benefits be used towards the debt if Igo bankrupt?

 

Thank you for any help you can give

[unclebulgaria67]

To understand this position better.

 

Do you own your own home or other property assets ?

 

Do you own any vehicles with any interest more than any finance remaining to be paid ?

 

If credititors have CCJ's they have an initial 6 years to enforce the judgement, but can apply to a court to extend the time, but this may not be granted.

 

Do you have the fee required for the bankruptcy application, which i think is about £700 ?

 

If you are made bankrupt someone would be appointed on behalf of creditors to go through your finances to see what you could afford to pay. So yes you might have to pay something out of benefit income.

 

It might be worth phoning Stepchange debt charity and they might be able to arrange for someone to speak to you to explain all about this. I don't think they deal with bankruptcy, but they may have contact with people that deal with it.

[susie66]

Thank you for your reply.

No I don't own any property or vehicles. And no I don't have the money to go bankrupt yet. Just stuck and no idea what to do

[unclebulgaria67]

Here is more info from Stepchange

 

https://www.stepchange.org/Howwecanhelpyou/Bankruptcy.aspx

 

If you have no property or vehicles and just cannot pay, then i wonder whether bankruptcy is best option. Perhaps Stepchange have options such as writing to creditors suggesting they write off the debts, after paying a small amount per month over a few years.

 

In your situation, i think you would benefit from speaking to someome and Stepchange might be worth trying. The charity Mind might also have people around the country that helps people in these situations.

[susie66]

Ok Thank you for your help

[dx100uk]

go get your credit file

what debts actually still show and still exist?

 

 

any CCJ's showing too?

 

 

dx

[susie66]

I don't know where to get my credit file from. As far as I know they all still exist

[dx100uk]

Noddle clear score Equifax call credit experian

[renegadeimp]

I don't know where to get my credit file from. As far as I know they all still exist

 

Youre guessing. Go do your homework and find out for sure. Youll need CCA requests etc as well.

[susie66]

What is a cca? Sorry

[renegadeimp]

Its a legal request to see if they actually hold the paperwork needed to enforce the debt. The DCA wont, so they have to go back to the original creditor and get it. This will buy you some breathing space, and until they supply an agreement thats compliant with regulation, they cannot institute or enforce legal action against you.

[susie66]

Ok, Thank you

[Guest]

Ok, Thank you

cca request

click on it

[dx100uk]

CCA request

 

 

dx

[renegadeimp]

ALso, please can you posst up as much info about all your debts as possible. If you have dca's chasing you, then its likely something is very wrong with the debts and we can definitley help you with them

[BazzaS]

ALso, please can you posst up as much info about all your debts as possible. If you have dca's chasing you, then its likely something is very wrong with the debts and we can definitley help you with them

 

I agree debts often aren't enforceable or something else is fishy with them if they end up with DCA's.

However, from what the OP has described it is also possible that the debts were legit, but the creditor has realised they haven't got a snowball in hell's chance of collecting them due to the OP's financial situation.

It is possible they end up with DCA's through being legit but uncollectable, rather than not legit.

 

Either way, though, it is worth putting a DCA to strict proof. Even if it started off legitimate, they may have messed up on a formality, so it doesn't mean it has stayed legitimately collectable!.

[renegadeimp]

Exactly. Its always best to do your homework, even if you think the debt is enforceable.

[susie66]

I am not saying they are not my debts, they are. However due to health issues I am not working and haven't since 2013. I have absolutely no chance of ever paying this off and can't face the rest of my life hiding from debt collectors and bailiffs. My mental health will not improve until I am not living on my nerves and hiding in my own home. Xxx

[renegadeimp]

Stop worrying about that. List as much info on your debts as possible, and start those CCA requests. You dont have to hide from anyone. DCA's rarely have any rights and theyre easy to deal with, and bailiffs will NEVER be involved unless the owner of the debt took yout o court, you lost, they gained judgement, you failed to pay and the court granted enforcement orders.

[unclebulgaria67]

It will probably help you to start putting together a list of debts and the current position of these anyway. If you are looking into options, then whoever helps you will want to have a clear picture.

[BazzaS]

I am not saying they are not my debts, they are. However due to health issues I am not working and haven't since 2013. I have absolutely no chance of ever paying this off and can't face the rest of my life hiding from debt collectors and bailiffs. My mental health will not improve until I am not living on my nerves and hiding in my own home. Xxx

 

You are taking control, and don't have to hide.

Once you have taken stock of the situation and got all of the info you need, you can make the right decision for you.

 

That may be bankruptcy, or one of the other forms of debt relief.

If might be that the debts aren't enforceable, and you can tell the DCA's to 'jog on'.

For bailiffs to be involved would imply a court judgment against you, and if you have no assets and only a limited income, you ensure that at the judgment stage an order is made setting out an affordable payment only.

 

Whatever option you end up going down, you do so to know what you are facing and give you control, rather than not knowing what you are facing and feeling you constantly have to hide from a knock at the door.