Bankruptcy

[gavmoulds]

Hi all....I wanted to see if anyone could comment on a couple of matters for me. I am considering going bankrupt but I need to try and save a few things.

 

Main issue..my car..its exactly half way through finance...can i keep it.

 

Halifax bank account...can i keep it.

 

CSA deduction from earnings...what happens...it is their fault i am thinking of bankruptcy.

 

any help would be greatly appreciated.

[loobyloo85]

If the vehicle is subject to a hire purchase, lease or conditional sale agreement, then the finance company may seek to repossess as your bankruptcy may break the terms of the finance agreement. This can happen whether the Trustee deems it to be exempt from the bankruptcy or not. It may be case that the Trustee can invite the car finance company to repossess the car if there is not enough equity in the vehicle to make selling it worthwhile. Its value and the amount outstanding is usually taken into account. For example, if your car is worth £20K and your finance has £1K left to pay, the OR would want you to sell it, as you would have a lot of equity in the vehicle. However, if value was £5000 and you owe £4000 it is unlikely it will be commented on.

 

Your bank account may be frozen or closed during bankruptcy, therefore you would need to find alternative ways of getting your wage and paying bills. You could open another basic bank account, or get a pre paid card. Following the bankruptcy order it is possible that your current bank may re-open your account or provide you with another. However this may take a few weeks and it is not guaranteed.

 

CSA is usually treated preferentially, and is not included as a debt in bankruptcy. The payment may still come off your earnings or sometimes the payments to CSA arrears can be suspended. Either way, unfortunately, you would still be liable for these arrears after your bankruptcy.

 

Hope this helps x

[gavmoulds]

HELP. I am going to file for personal bankruptcy next week (due to the csa taking half of my wages without appeal).

 

I was provided a list of banks who will provide a 'basic' account accepted by bankrupts.

 

I applied to the co-op for the basic account. Chap told me their shouldnt be any problems.

 

Got a letter yesterday. Refused.

 

I currently bank with halifax and dont hold out much hope with them. they never helpful in fact they are obstructive....even though I have been with them for over 20 years.

 

I cant even get a basic account...how can that be.

 

The list does say that it will be refused if theres a fraud warning. How the hell have I got one of those.

[gavmoulds]

Hi all......just wanted a pointer or two after being discharged.

 

I dont know what now happens with my credit reference files / rating.

 

Can I now ask for anything to be removed or what.

 

What should I see on the files and should companies still be posting defaults. Since discharge i have been inundated with letters....however they have all been sent away with tales between legs at the threat of informing the OR.

 

Thanks in advance.

[toddle2u]

Hi

The BR will show on your credit file for 6 years. Default date should be no later that the date of the bankruptcy. Settled/partial settled date should be no later than the date of discharge. Anything else is in breach of the ICO and the Data Protections Acts.

[pollybach]

after 6yrs should my credit file be blank sorry to but in ..................

[matt5983]

Hi

The BR will show on your credit file for 6 years. Default date should be no later that the date of the bankruptcy. Settled/partial settled date should be no later than the date of discharge. Anything else is in breach of the ICO and the Data Protections Acts.

 

One i dont understand is about the default, i have 2 that were placed after my BR...i have been told there are allowed to do this but when my BR falls off the defaults wont have as they been on there 3 mnths after being declared. Apparently they are allowed to do this so say the 3 CRA's

[toddle2u]

Send them this letter

 

After consultation with both the Information Commissioner and the Credit Reference Agencies, I am writing directly to you to request that you formally update my credit files in accordance with the Data Protection Act.

 

I was declared bankrupt on and subsequently discharged on , and was included within the Bankruptcy. For your convenience I have attached both my bankruptcy Order and Discharge Notification.

 

Currently the information that you have recorded against my name with the Credit Reference Agencies is factually incorrect, and despite several written requests to your customer services , as yet your company has failed to correct the entries as required.

 

• It is requested that if you intend to default the account, the default entry must be , in accordance with the Data Protection Act.

 

• It is requested that you mark the account in some way as to indicate that it is settled or satisfied, in accordance with the Data Protection Act.

 

• If you have sold the debt on, according to the Information Commissioner, you are still liable to ensure that both you and the new holder are aware and that as the originator of the information it is your responsibility to ensure that it is corrected.

 

The Information Commissioner has indicated that I should allow you 28 calendar days from the date you receive this letter to comply, during this time you are requested either to update the Credit Reference Files correctly (of all three Credit Reference Agencies) or notify me in writing the reasons that you refuse to.

 

After the 28 days have elapsed the Information Commissioner has requested that I inform them if your company fails to update the records so that they may take any necessary enforcement action against your company.

 

I have copied the relevant information provided by the Information Commissioner as an attachment to this request.

[gavmoulds]

Hi all, I was discharged from Bankruptcy a couple of years ago. At the time I had an Income Payment Order which meant that I had to pay monthly contribution towards my Bankruptcy.

 

I could not afford it which was the whole point. It was reduced. I became unemployed and got it suspended.

 

However, I decided to go self employed but havent actually done much in the way of work.

 

Moon Beever keep sending me a statement to complete and sign. I keep doing this...they completely ignore what i tell them and keep asking for money which I have not got.

 

They will not accept anything I tell them and ignore my emails and phonecalls.

 

To top it all the CSA also want money that I dont have. It was their fault I was bankrupt in the first place.

 

I have been to every solicitor locally and none will help.

 

My life is now worse than before the bankruptcy. I am so stressed and just dont know what to do.

[dx100uk]

moon beever?

 

dx

[BRIGADIER2JCS]

moon beever?

 

dx

 

Insolvency Solicitors.

[debtinfo]

Moonbeever are only trhe agents acting for the trustee who make the decision, so what you need to do first is contact the OR/RTLU/Trustee assigned to your case, let us know what they say

[gavmoulds]

Guess Im not getting any further here then.

[BRIGADIER2JCS]

You really need to discuss this wth your trustee.

[gavmoulds]

What trustee

[BRIGADIER2JCS]

The official managing your BR

[gavmoulds]

Circumstances arent important but I was discharged from my Bankruptcy 2 years ago.

 

Despite that I ahave started receiving debt collection letters about things that were included in it.

 

They wont give up......all the stress is coming back again.

[havinastella]

Could you not just send the companies chasing you a copy of the discharge and tell them to pee off!

[fletch70]

I believe you can still contact the OR.

Definitely send them a copy of your BR. and threaten them with the OFT etc.

[gavmoulds]

Am I correct in thinking that they are no longer allowed to chase these debts

[fletch70]

No, once discharged any debts you had at the time of BR are finished.

[Wintry]

Am I correct in thinking that they are no longer allowed to chase these debts

 

Hi

 

They should not, but thats not to say some of them wont, for a while anyway

 

Your info has probably turned up again on someones computer screen who more than likely wont have a clue what bankruptcy means.

 

Try not to worry they cannot hurt you.

 

Could be worth contacting the O/R office who dealt with your bankruptcy or send a copy of your B/R order letter, these should work, if not OFT or take the letters to your local CAB

 

Wasting telephone calls, stamps and time on these clowns should not have to happen but its not a perfect world and with some DCAs well, say no more.

 

Let us know how you get on if you can as it might help others in the same position

 

Best Wishes

Edited January 27, 2013 by Wintry

[stu007]

Hi

 

If these companies now chasing you for these debts were included in your bankruptcy then they are chancing their luck.

 

I would inform the oficcial reciever that was dealing with your banckruptcy at the time and follow this up with

 

a Formal Complaint to these idiots and just enclose a copy of your discharge and any further contact will be classed as harassment under the protection from harassment act and that they are also breach OFT Guidance on Debt Collection.

 

Then contact the OFT and inform them of each of these idiots.

 

If you know who these idiots are please name as the Caggers will be able to give latest contact details for you.

[gavmoulds]

H L Solicitors.... and I know tha they have got this from another debt collector whom I informed about the Bankruptcy...so the first debt agency have ignored my letter but simply sold it on to another.

[Old Cogger]

Thats the merry go round, brain they got, sale on and let them be the looser.