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phat256

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  1. hi i think you should have a talk either with business debtline Business Debtline or national debtline National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000 they are both free, confidential avise and in my opinion very good at it !
  2. hi britguy I advise you to open a bank account with either barclays or the co-op as i can tell you that HSBC and Halifax will close your account. it is not their policy to keep opne bank accoutn for undischarged bankrupt. I had an halifax account before my Br in credit and halifax close it within weeks of hearing my BR. the OR will not close the account , it is the bank who do it themselves the OR only take possesion of it . regarding your child benefit is not a problem it is your for your kid but make sure you account for all your child expenses as they take into account child benefit into their IPA calculation.
  3. congratulation mcuth you are debt free now ! i knwo what u mean about the court procedure i found it rather painless , but when looking back i foun that taking the decision to go Br is the hardest part of it . you will see form now on thing to get a lot easier i bet you feel relieve now like a weight has been lifted ! good luck for the future.
  4. you may start a new job but you will have an increase and new expenses to add into you statement of affairs . so there is thing you can stil ltake into accoutn suc as launch, travel expenses, clothes , hairdresser etc...
  5. not a good thing to do ! running away from debt do not make them disappear ! they coudl easily get a CCJ while "goen away" and then can pursue when they want and with a CCj then can pursue until the debt is fully repaid. you can declare yourself in london Br and then move to ROI with no problem however you will still have to answer to the OR questions either by phone , post or face to face.
  6. hi suzie good luck for your court date . regarding your car if you can show that your car as no high value at resale (they use parker guide) and can show that you will need it due to your disabled father you wil be able to keep it. regarding the bank account, it is a common mistake to believe that the Or will close the account , it is actually the bank who close it wether the Or has or no interest in it. |The Or will not close it , the only take possesion of the account . after the court you should normally have a chat with the |Or jsut explain that there is no credit facility, that you use it to received your benefit and pay your bill. the Or will say he has no interest on it. but if you have some issue, you could always open one with Barclays or opening an account with the post office to receive your benefit only. if your income is only income support you will have no IPA whatsoever .
  7. AA99 answerd it for you . and you are not stupid nor thick ! there is no stupid question to ask only those who dont ask are stupid another thing dotn ask for advise by private post as we may get some bad advise or unsolicited messages. and it is against the rule.
  8. iof your incoem is made solely from benefit then no IPA should be done unless you deciued to make voluntary payment. However if you work they do take account chidl tax credit and so on when calculating surplus available. here we go an extract form the technical manual An IPA should not be sought where the bankrupt's only source of income is state benefit. In the context of this chapter "state benefits” refers to all forms of income supplement and support provided by central or local government including, but not limited to: 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). The official receiver should not automatically discount the possibility of obtaining a contribution from a bankrupt who is in receipt of benefit. The person making the income and expenditure calculation (usually the examiner) should initially ascertain whether the bankrupt is also in receipt of non-benefit income. If this is the case, an IPA should be considered, the total income should be established (see other income sources at paragraph 31.7.7) including state benefits and the bankrupt's reasonable expenses deducted (see paragraph 31.7.19) to cover his/her reasonable domestic needs. An assessment can then be made as to whether the bankrupt has a surplus real disposable income. If an IPA is to be sought, the amount any payment should be less than the income from the source other than benefits. Examples of calculations can be found at Annex A. It should be remembered that whilst the bankrupt's total income (including state benefits) should be included in the calculation of surplus income, it is the income from sources other than the benefit(s) which is providing the payments under the IPA/IPO, which is why an IPA should only be sought from non benefit income.
  9. hi jane this is an extrac from the Or technical manual which explained what do a deed of acknowledgement 33.154 Deeds of acknowledgement of debt – Solely and jointly owned property (January 2009) A secured creditor may request a bankrupt to complete a deed of acknowledgement of debt when the sale of the property results in a shortfall. They may also request such a deed be completed by any non-bankrupt joint owner/borrower when the property was jointly owned. A secured creditor may request this transaction so that no dispute will arise as to the amount of the shortfall or so that proposals to repay the unsecured portion of the debt by instalments can be settled. However, the secured creditor is entitled to claim in the bankruptcy for the unsecured balance of its debt and it will be up to the trustee to deal with such a claim. If the bankrupt completes such a deed, a new debt might be created on which recovery action might be based at any time within the limitation limit. It is not for the official receiver to influence the bankrupt about how to proceed in this matter. If the debt is a joint debt, any non-bankrupt joint owner will be liable for the appropriate portion of the debt whether a deed of acknowledgment is completed or not. The official receiver should not object to the completion of a deed of acknowledgement of debt and if he/she becomes aware that the bankrupt has been requested to provide such a deed, the official receiver should suggest that the bankrupt seeks his/her own legal advice. this is from this link Dealing With Property With Minimal/No Equity basically it is a document ( or a contract)issued by the creditor in which you are promising to repay the shortfall on the sale of your house when you signed say document. It is a sneaky way from creditor to squeeze you out even more moeny from you when you cant afford it ( this is my opinion). i ho pe this heal please jane start a thread so we can answer more directly your question.
  10. hi britguy when you go to the court, bring you 3 copies, your BR fee,a bottle of water and some thing to read or to occupy while your wait. be there early so you will nto wait too long. dont worry about bringing all your card.. after the Br order is made you will have a short talk over the phoen to the OR office to introduce yourselve. Then you will receive a pack by post with a date for your interview and the document that the OR will need for his investigation. you will see the procedure is painless and the people are fairly sympathetic to you even the judge !
  11. hi jane dont be scared of BR , it get easier and you will feel a lot better once the deed is done. regarding the car if you can show to the OR that you need it then you will be able to keep it. regarding the house dont sing a deed of acknowledgement. if you have uqestin on your own please start a thread we will help you.
  12. CCCS give you thje right advise . you dont have to declare it as it is a very basic account with no credit. it ususally better to open a bank account after your BR as it means tat the OR will have no direct access to the bank account. when you go Bankrutop you loose all your claims towards all of your asset including bank account and this belong to the OR. unless the Or say to you that he/she has no interest in it.
  13. first and foremeost if you are thinking to go Bankrupt get some financial advise as if you do not the judge can delay your BR application until you have done so or even refuse your BR. You can get some advise from Natinal debtline it is free confidential and very good. You can go bankrutp and move abroad this will not hinder you in any way . However you will still have to comply with official receiver investigation. if you do not , well you will have to face the consequence. I do not know if Br will affect your visa or not i have no clue about it. If you going BR then you will may loose your HOuse , if you volunteer to have your house repossess then do do but do not sign a deed of acknowledgement. I cannot say wether the house will be kept or not as it depend from OR to OR , and this is a minefield in BR. But beware the Br will only cover yhour unsecure debt only . if your house is sold then the shortfall will be included into the BR estate and you will nto be liable for it. If i were n the same position as yours then yes i will probably go Br and move to canada. it is a l one life opportunity. Br will offer you a clean slate and to start afresh with no debt and no worries. I hope it answer some of question but be warn this is my opion only you will still need a proper financial advise and i sugeest National Debtline. National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000 good luck in whatever decision you take.
  14. this is was my understanding too .. i thought at least it will show my BR order but not even that !
  15. hi red shocker have you contacted the natinal debtline for advise . they are really good and non judgemental. National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000
  16. hi riped off if you have been discharged then i suggest you follow the step below Credit Reference File Clean Up Post Bankruptcy - MoneySavingExpert.com Forums your creditor shouldn't be issuing default after your BR order , this is illegal and i will contact your OR for thiS. I had the same probelm with one of my creditor and the action of the OR was very swift . Moreover your default should be marked as sastified or partially settled or something to that effect.
  17. thank you for your answer . I will keep an eye to it still waiting for my last file from credit expert to see if they show anything at all. thank you.
  18. i have been discharged now for about 3 month i am just receiving my credit file from experian and call credit but there is no defaulft showing amd my bankruptcy order not showing as well. is this normal ? if not what should i do next ?
  19. do nt let the bailiff in under any circumtances even if they want to go to the loo or just make a phone call.. they will even try to claim that they will come back later with the police to force entry if you havent let them in they cant force entry point balnk. their first charge should be around 24 pound for the first visit and 18 pound for the second visit. . it will be also a good idea to give a phone call to national debtline they may be able to help you.
  20. blimey still no response ! they claim i owe them for one month between my BR order and the one of my parnter which i do not dispute howevr i already paid for it nad ihave thge receipt . the council refuse to acknowledge that even though they said they receive my 130 pounds but use it to pay my arrears pre -BR ... obviously they cant do that . today i receive a letter from them telling me thanks for your coplaint but as a gesture of goddwill we removed the cpourt cost so you remain liable for 120 pounds but i have already paid 130 pounds so not only i hav epaid 120 pounds but you have a surplus of 10 popunds and thw orst of it is that this 130 pounds does not show on any on my council tax bill ?! they have a liability order for something i already paid .... i just wonder what are my recourse against them ? is it worth it to go to the local goverment ombudsman ?
  21. i am absolutly furious at my council for gross imcompetance. my partner and i was made bankrupt last year me in july and my partner in august. i knew that i was liable for the july to august month council tax so i paid it ..... to be told that today i received a liability order for the sum of 200 pounds relating to this july-august month ..... so i rang them up asking w them why have they done that ? their answer we do acknowledge that you have paid 130 pounds but this was used to pay your previous outstanding sum before your Br order was made. already i have to send them 6 times my BR order to them ( all recorded delivery) and they wont acknowledge it until my Official receiver call them . i have letter acknowledging my bankruptcy and my partner one's from them. then my Official Receiver warn me not to pay any money to them as i am nto liable to any thing pre-Br yes .. how iam goin ot say that to my OR now as i am due to be discharge in a few days . i dont knwo how to revoke this liability order ? they told me to send proof even though thye have acknowldege it on th ephoen that was their error and not mine and on the plus side they have put me into a particuliar situation regarding my duties as an aundischarged bankrupt.
  22. Jetstart is right sand early discharge depen also on how busy is your OR office. i can tell you that ED discharge will be very difficult to get by what my OR told me aparently they are so busy at the moment that they have no tiem to deal with ED . if you havent received an IPOQ with the letter EDREV at the top right hand corner of the letter then forgot about early discharge.
  23. 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 .
  24. you were right flipper ACAS confirmed what you said regarding the payslip and my wages aparently they have breach other things also such as the DDA too .
  25. will let you know when i get through to ACAS ! thank you for your help much appreciated .....
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