I have seen the drivel they put on regarding how a consumer can caonlaint if a DCA act not according their "benchmark code of conduit", ti will be laughable if they didnt ruin the life of some people

CSA does not like the CAG forum at all this a quote taken from their statue barred Q&A "Statute Barred Debt… To collect or not to collect, that is the question?! Lets set aside the issue of the proposed reduction to the limitation period for a moment and give a little focus on the actual collection of Statute Barred debt. Thanks to my nemesis, the Consumer Action Group website, there is a lot of misinterpretation of statute barred debt, what can and cant be done and the rights of the consumer and DCA. And to make matters worse the Office of Fair Trading seem to have misinterpreted the law also…" http://www.dbsg-uk.com/media/editor/file/Stat%20barred%20debt.pdf

I echoed the post of really madwoman .. i had council tax arrear which were included into the BR . council tax arrear aredefinately included up to the date of the BR order. what happen is that the council usually close your account write offf the arrear adn start sa new account from the date of your BR order. but th also if you had a liabilyt order befoer your BR order then the whoel year is included into the BR but you will have to argue a lot with the council. but i had to argue a lot with the council before they acted upon it.

Hi welshman i am glad you have contacted them ... regarding you other debt you should have also to declare it under you DRO , even the one who you havent been chased for it as if they start to chase you during your DRO it may cause problem for you and the OR. Dont forget it is part of your duty to be honest with the OR as not doing so can cause you a lot of problem for you. regarding the solicitor they are just putting the pressure on you and expecting you to pay something so I will keep everything in writing for the time being . Dont talk to them on the phone. If it is hard for you then pull the plug off your telephoen or change your number and keep it for yourselfs. if get worst you have a paper trail showing that you have been reasonable and they have not ! they have already received a response from you , that " you are waiting an appointment with the intermediary company and you will get back to them in due time" this is your response. If they dont like it then tough on them ! just keep saying to them that you are taking advise from the CAB and National debtline and then a decision will have been reach you will contact them ASAP. they are just waiting for you to crack don't let them .. just sit thight until you have seen this firm in cardiff. they will help you to sort out everything . you are probably dealing with the in house "solicitor" of the DCA chasing you. If you end up with a CCJ dont worry it will be included in your DRO , dont tell them any more info than you are waiting . the problem is that nowadays OR are very busy and probably overwhelm so be patient it will work out at the end. good luck and feel free to post any question you have or even a moan.lol

Hi welshcate firs tand foremost do not panic. You could tell them that you are taking advise from the CAB, and/or the CCCS or national debtline. i dont know much about DRO but i would have though that the CAB would have been the one doing the DRO. Failing that you could try ( and i think you should do it rather sooner than later) CCCS or national debtline would be able to assist you . In the meantime you could visit this site Commonly Asked Debt Relief Order DRO Questions | UK Debt Relief Order, Debt Relief Orders UK

this is partly true but this depend on when the overpayment accrued and when they ask you to repay it . it has been the case and still is that undiscahrged Br have been paying overpayment until they discharge or taken from ongoing award. see below Unsecured Creditors ( part 40.102C Summary of the treatment of overpayments of state benefits ) to be honest they are a bit a law unto themselves . sometimes you have to complaint a lot throught their channel to voice your concern and even soem do ignore the OR recomendation.. However i must say that CSA payment ,court fines, secure loan, debt arising from fraud are not written off by a bankrutpcy order adn you must continue to pay then during and after your bankruptcy.

or you can have some real fun with them on the phone by pretending that you are napoleon, or keep saying no in different tone of voice or even language , or use your imagination .... here a link for you to read and have a good laugh ... Having fun with Debitas - MoneySavingExpert.com Forums soon they will get the message across . I had the same issue with few reluctant company after my bankrputcy order.

hi dodgy geezer i do not have a problem with you or anyone else in that matter . i just reported one of you post because you have use a word that i deem offensive on another thread toward me . this comment has now been edited by the CAG team at my request and for me this is the end of the matter. One on antoher note i do not use the private messae facility has apparently it is against the rule . my comment was only made to the OP to be careful of sub prime lender ands soemtiem sthey have fee "hidden" in tiny print in their term and condition especially when they consider you as a big risk to the lender . for example look at provident and their extortionate interest .. Eligibility for unsecured loans | Provident Personal Credit Loan example: If you borrow £300, you will pay back £10.50 over 52 weeks, which adds up to £546. Typical 272.2% APR i am just saying to the Op to be aware of it and be carefull to read the tiny print . this is all. I know it can be useful when you have a very poor credit rating and need soem large money in an emergency .. but you have to weigh the benefit and cons before embarking yourself with them. Unfortunately, I had personal dealing with provident and shopacheck before my bankruptcy and trust me they are some of the worst bullys when you fall into difficulties with them. even though i was bankprut they have ingore this to the point when my official receiver was gettign tired of them for failing to follow the rules and they had to take action against them .

well this is a tricky issue too depend when they have ask you to repay the overpayment and have issued with you a final notice . here we go some infos from the technical manual Tax Credits

when calculating the income disposable for an IPA the Insolvency as added Annex A this part regarding what income is taken into account when calculating if you are elligble for an IPA/IPO when your income is made up entirely or part of the following benefit : income support, job seekers allowance, disability living allowances, incapacity benefit, council tax benefit, housing benefit, state retirement benefit, child benefit and all forms of tax credit (child, working and pension).

i think dodgy geezer and toddle you should have read this part of the application process, and thisis what iam referrgin isn saying that the OP application may be refused "We may obtain information about you from credit reference agencies and Group records to check your credit status and identity. The agencies will record our enquiries which may be seen by other companies who make their own credit enquiries. We may use credit scoring. Your application will be assessed using credit reference agency records relating to anyone with whom you have a joint account or similar financial association. If this is a joint application and such a link does not already exist then one may be created now. These links will remain until you file a "notice of disassociation" at the credit reference agencies." then on the bottom it says "By continuing with this application you are agreeing that we may use your information in this way." then you will see this clause from their term o and condtion form step account "1.3.1 We may make periodic searches at credit reference agencies and will provide information to the Group to manage and take decisions about your accounts. This may include information about how you manage your account including your account balance, credit limit and any arrears. We will also provide this information to credit reference agencies who may make this information available to other organisations so that they can take decisions about you, your associates and members of your household. This information may also be used for tracing purposes." then after seeing that you have both an account with Natwest i decided to tried it myself and this question arised " "have you /ever been declared bankrupt ? " so fo courseyou have to answer yes and h i was declined for failing the credit score. .. what i have suggested to the OP is a realistic and viable option that has been the norm in the previous year. this accoutn althouh basic, they have accepted throughotu the years undischarged bankrupt as they do not do a credit record search . thus i suggest this is maybe a safer option for the OP than trying and trying to be turn down ... it is tis true that insovency is on the rise but you should be carefull by suggesting that the Br amy become sympathetic to the case of BR, you will find that in the majority it is far from the truth. Moreover the Op has already an overdraft of 1400 pounds which i suspect that NATWESt wil not let her keep her accoutn .. oh by the way previosu ot my Br i had a joint step account and an advantage gold account which was closed by Natwest when they heard my BR order as paarently " it is nto thier polciy to maintain an accoutn with an undischarged Bankrupt" their word not mine . I suggest that you have a through look on this board http://forums.moneysavingexpert.com/forumdisplay.html?f=136 and you will find that many BR people have difficulty getting bank account .

toddle i am not having a go at you or anyone else so before you make some sweeping statemtent i suggesty you read carefully the site suggested by didgy geezer before suggesting going any further ... the Op will fidn that being just discahrge it will find extremely difficult even impossible to get a loan .... as the lender will see as an extreme risk. the other things this kind of company usually charge sky high interest numerous charges and fee can be added on top ,which will make a loan very expensive . then after being through bR would you want to become in debt again ?

they are a loan broker so be careful with them if they charge you a fee avoid it .....

the advise is you should never ignore a statutory demand as it does not stop the creditor seeking a bankrutpcy order if no dispute is raised especailly if they know the debtor has any asset such ass house, car, bike etc.....

have a read to the previosu link .. did you request your CCA ? if so did they delivered it ? do you have any charges or unlawful fees added to the debt ?

maybe you are just an exception i can tell you that the general practice is that they do not let you keep it unless they are making you a favour. maybe you should read the FSA link i enclosed i suggest that you both read this link Bank Accounts & Bankruptcy - MoneySavingExpert.com Forums and especailly this one from FSA guidelines http://www.moneymadeclear.fsa.gov.uk/pdfs/bank_accounts.pdf especailly page 4 If any of the following apply to you, your application may be declined Undischarged bankrupt, record of fraud. it is not becasue you have one acooutn with them that it is a general practice , sometimes there is an exception to the rule but only sometimes !

there is only 2 bank who let undischarge bankrutp to open and keep a bank account . .the co-op and barclays . have a look form the FSA link http://www.moneymadeclear.fsa.gov.uk/HTML/en/products/bank_accounts/basic_bank_accounts_popup.htm irt clearly sais that record of bankruptcy and fraud they will not let you keep or open a bank account

hi jane try the Co-op if you dont have any debt at the time of yoru Bankruptcy as you will be refused one. You can try Barclays but you will have to apply in branch and ask for a basic account it is called cash card account . I have one and i am happy with them. . if you have nol luck with either of them at all then i will advise you think banking. this is a basic account with a monthly fee (12 pounds) but no credit check and use it as a last resort when all else fails . good luck

dodgy geezer i am not dusputing what you are saying re read my previous post , especially post number 6 . sorry i dont have a good way with words sometimes. but it is more or less what debt infos said. i

Dodgy geezer have a read below : - this is form the insolvency services websites The bankruptcy proceedings: free you from overwhelming debts so you can make a fresh start, subject to some restriction. - this is a definition of Bankruptcy by the national debtline National Debtline England & Wales | Debt Advice | Factsheet 01 Bankruptcy " Bankruptcy is a way of dealing with debts that you cannot pay. Whilst you are bankrupt any assets that you have might be used to pay off your debts. After a period of time (usually one year) all of your outstanding debts are written off and you can make a fresh start. The effects of going bankrupt are the same whether you file your own petition or are made bankrupt by your creditors. Many of the bankruptcy rules have changed from April 2004 under the Enterprise Act. This fact sheet mainly outlines the new rules." so in effect yes bankruptcy remove your liability and free you up of any unsecured debt you may have although you are still liable to debt arising from fraud, court fines, CSA arrears and secure debt. You can argeu that it is rubbish but the reality is that indeed once you are br you are no longer liable for it .

hi enlighten ihad the same issue with 1st credit ... i have received the same letter and same statement for the same periods as you.... i went Br in 2008 inform them of my Br by myself and OR. then few month after my discharge. they are just trying it on and my Or is not too happy about them too as they have ignored comunicatin from the insolvency . for you mental heatlh problem do you have access to the crisis team home resolution service? if not when you dont feel well y g to A&e they have usually some one from their service to help you. If not you could alwasy ring your care co-ordiantor if you have one. good luck for the future

dodgy geezer uyes your debt are wiped off by BR as they become the liability of the Official receiver and as such you are no longer liable to it and you discharged from liability on the day of your discharge. Whne you go BR all your liability and asset transfer to the OR. usually people who have a surplus of 100 pounds /month will have to pay at least 540% of their surplus toward their Br estate and towards their in the form of an Income payment agreement/order.

hi first and foremeost if you are consideing Bankruptcy you shoudl get advixse from the CAB, the CCCS or natianl debtlien because if you going down that route the judge will ask you . first you have to make sure that you are insolvent by this It means the inability to pay one's debts as they fall due. for your credit rating well you will have not to worry about it for a while as it will be shot to piece if go BR for at least 6 years. BR will wipe off all you unsecure debt apart from court fine , CSA arrear and secure debt. One word of advise it is usually a bad thing to get rid off asset very wquickly and espcailly under value before going BR as you will find that the Or can reverse the transaction and get you a BRO/BRu for it. so i wouldmt just give you car to your friend just to protect it. if you car has a low value and/or you need for work etc... you will be able to keep it.

i echoed what debt info said i was stunned to the lack of action .. i was expecting a bit like tv court room drama like with lot of people saying booo.... lo then ther judges laying onto me for doing a lot of irresponsible action towards my affird but none of that happenned ! actually very little , they were very sympathetic and courteous. i was there at 1.30 ask to see the Br clerk. it took amy 3 copies , fill in some of the forms ask me to swear on a bible. took my money then told me to go upstair and wait until i will be called to see the district judge. it was a very tiny room with an office table the judge and me. he asked me if i considered DMP, IVA etcf.. i told him i tried to but all mycreditor refused and i was in no position to repay my debt as i was unemployed. then he told me that i will sign my BR form and ask me if i took some proper advise beforehand i said yes with the cab and national debtline . he expaliend the in and out of BR ,ask me if i have any question . he also said that Br was the right choice for soemoen in my situation and was surprise that i had waited that long to declare myself BR due to large debt i had accumulated as it said it would have save me a lot of stress ! then he told that as of 15.00 pm i declare your BR. then went to downstair to a little room while i waited for my BR order and also to introduce myself to the OR by phone. that was it. i felt so relieved once the deed was done . one thing dont forget to bring a bottle of water and something to read while you wait. good luck.

hi wazza i cannot help you as i do not the answer to your questin . why iam suggesting to ring them is that you can have some financial, legal and holistic advise on your predicament. i had dealing with national debtline and they were very helpful with my bankruptcy , suggesting way to raise the money for the fee etc... true they will play by the rule but this mean that the action you will took form thier advise will be a good and safe one to take. I am very surpise that the CAB told you thewy were not very helpful ,as they have a very thorough training in debt counselling. i just want you to feel that you should give them at least a try before crossing them out , this is all. i would be wary trying to dispose off capital because if you end up BR then you will risk encountering even further problem with the Official reciever and trus tme you dont want to go down that route. Finaly do not think that BR is an end to itself. it is a way for you to get protection from the court against your creditor and to restart with a fresh and clean slate. although Br is an extreme solutions it has also is positive outcome too . good luck for the future .