Scottish and English debt laws are different, so if you are a Scottish resident and have questions on debt, then this is the place to post.

Moderators: TalbotWoods, JaneClack

By tristan297
#56729 Hi guys,

I am trying to complete my own sequestration form for bankruptcy and i have been posed with a question which i am unsure,my debt is made up of personal loans ,unsecured loans,credit and store cards,in the question i am asked to delete paragraphs which do not apply to me ,can anyone help the question reads

1A. I certify that:

a)I have my centre of main interests or and establishment in the uk as defined in the ec regulations on insolvency proceedings;

b)I have my centre of main interests or an establishment as defined above in a member state other than the uk;

c) I have neither my centre of main interests nor an establishment in th uk nor in a member state other than the uk.

i dont know which to delete out of a b & c

can anyone help??????????????
By Mel_Odious
#56732 Talk of sequestration gives a hint that you may be in Scotland. We Sassenachs call it bankruptcy. If that is the case and you are indeed living North of the Border then I am afraid you cannot petition for your own bankruptcy, well not until Scots Law catches up with English Law apparently soon, but no date as yet. You need one of your creditors to make you bankrupt. If you are indeed in Scotland post your query on that section as it has more chance of being answered by our resident Scottish Debt Adviser there.

Mel
By tristan297
#56740 i have been advised by my local citizens advice who i have been going through the motions with for a few months now,now these companies have sent charge for payment in which i submit sequestration to the accountants in bankruptcy and the sheriff clerk?????? in order to prevent wages arrestement and declare bankruptcy,i am in scotland
By JLP
#57416 Answer to your question is delete Ib and Ic and keep Ia as your answer (I am assuming that you dont come from the EEC..... :D ).I would get CAB or your loacl money Advice agency to help you fill in the forms, as some Sheriff Clerks like the pages at the bottom initialled (some dont)-so best to get one of them to help you. They can tell you what goes on in your local court.Plus you have to photocopy your completed form and Charge for Payment (twice) and send one copy to the Accountant in Bankruptcy, 1 Pennyburn Road, Kilwinning, Ayrshire , KA13 6SA by Recorded Delivery BEFORE you go near the court. You then take your ORIGINAL bankruptcy form and Charge for Payment and Recorded Delivery slip to the Court, and get them to check it.You keep a copy for your Records as you will get a Phone Call from the AIB to check your details. Your loacl Money Advice will do this for you-the photocopying, we dont have time to go to the Court usually.

http://www.moneyadvicescotland.co.uk will give you a list in your area.