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

I am under the impression that certain payments are excluded from bankruptcy such as council tax, CSA payments, any payments to HMRC.

 

I believe that this will still be owing once you have been discharged BUT i do not think that they can chase you until you have been discharged (normally 6 - 12 months).

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.

Phat.

If you have a problem with my posts, please let me know personally instead of reporting me. People ask for an opinion and you keep coming along and posting that everyone is wrong, and only you are right.

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 .

Why? Are you expecting to use their expertise and knowledge in being able to source funding for a discharged bankrupt for free?

 

Have you any alternatives that don't charge a fee

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 ?

If these people give you a loan, i want a lift to the pub.

 

or

 

These

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

A stat demand is the last step before bankruptcy. At this stage there is nothing to set aside. It is often sent as a frightener. You have plenty of time at this stage to act so try not to worry to much.

 

I would advice anybody to get in touch with the lender in an attempt to come to an agreement. The lender will not want to make you bankrupt for such a small amount as it would not be cost effective.

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.....

Advise required.

My wife has been served through the letter box a statutory demand for monies owed to HFC Bank nearly 2k owed.And if not paid Bankruptcy.

We do not deny the loan or monies owed.

The loan was taken in both our names.

What I don't understand is that I spoke to the solicitors representing the bank and agreed a payment of £50 a month.

The solicitor to me has been crafty as the loan was taken in both our names, over the last 3 months we have received seperate statements for the same account in my name and one in my wife's name.Where as before it was just in our Mr&Mrs Surname.

1) What I need to know can they do this? yes they can do thids if the statutory demand has been served properly

2) I have agreed a payment plan, which I though was for the both of us,but now it seems that the agreement was just for me.Therefore they are pursuing my wife because she hasn't been in touch. they are just trying to ge t more money out of both you , keep everything in writing and do nto talk to them over the phone

3) Do I get in touch with them to sort it out,or just to apply to have it setaside and argue in court.If so what form do I need to apply to the court to have it setaside. to set it aise you have

To successfully get a statutory demand set aside one or more of the following must be satisfied:-

 

• The amount stated on the statutory demand is disputed.
  
• The person issuing the statutory demand also owes money. This is called a counterclaim.
  
• The person issuing the statutory demand is holding security that equals or exceeds the amount owing.
  
• The demand was issued in error.
  
• The amount owing is less than £750
  
• Execution has been stayed on a judgement debt.
  
• The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back.
  
• The creditor failed to comply with the rules and prejudiced the debtor in the process.
  

have a look here :

http://www.insolvencyhelpline.co.uk/legal_issues_explained/statutory_demand.php#ProcedureSetAside

 

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter45/part13/part_13.htm

Any help would be appreciated.

 

The other thing the demand is dated the 25/08/09 but served yesterday(we had moved house) demand was hand delivered,but pushed through the letter box, no personal contact as we were out.

I presume we have 18 days from yesterday for applying for setaside.

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 ?

Strange as Natwest let me keep my Step and Savings account

And me. They never closed it, and i am still using it.

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 !

Also try the Natwest step account

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

I dont disagree that you will be discharged from any debt liability if you are unable to pay.

 

I am saying that a BRO does not automatically instantly discharge you.

 

Anybody, with any assets, or surplus income, who thinks that BR is just a simple way out, is in for a shock.

 

 

 

But ONLY if you cant pay them. And thats what is meant by supervision. Its the Insolvency Service that decide whether you pay or not. Not simply going BR

 

In this case, i believe the OR would want a very good reason as to why the assets were disposed of 6 months before BR. If the reason was not accepted by the OR, ALL DEBTS would still be payable, plus very expensive additional costs.

 

From what i am reading here, its being implied that all you have to do is go BR, and its all over.

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

Rubbish.

 

Your debts are not wiped off by Bankruptcy, you are still liable for them, they are simply managed by the Insolvency Service.

 

 

 

Agreed to an extent. If you can no longer afford to pay them then you will be discharged from them. However it is wrong to suggest that BR is a simple,

 

" way out of debt ".

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

Hi Dollydoo.

 

 

Your debts dont just get " wiped out " if you go BR. You will still be liable for them if you can afford anything towards them. So selling the house would have to leave you with no disposable income or savings.

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.

my cirumstances at present are that I have 3 major debts. (approx. £12,000 ccj & £4,000 charging order, both with same company) and a

credit card debt of approx. £4,000 which I have been fighting by the route

of no valid agreement. I offered f&f of £1,000 to clear CO but has been

refused. I am about to sell & move into another house owned by boyfriend, nothing therefore to do with me legally. I know the CO will be

paid off but I was considering then to go bankrupt. does anyone have

any advice on this.....I won't own a property, I'm not concerned as to my

credit rating as I won't be needing it now or in future. will the other debts

have to be wiped off? the only legal asset I will own will be my car, which

I can solve by changing back to my boyfriends name. any advice would be welcome.

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 .