Questions you have before making a decision to go Bankrupt and the Bankruptcy process

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Bysunshine
#7514 hiya....

I am on Incapacity benefit...and I am going to declare my self bankrupt...I am worried that some debt is through advertising my own books on ebay and this may be seen as an income when really I just had a clean out to try and get some money together to help me pay my bills....I am sure the OR would want to see what I sold etc....it was only my own personal goods...books that I had collected over the years...

I am also worried as well because I did one or two well maybe a few astrology readings...and payment went through my account in cheques....so am I in trouble...please help me....I am scared as to what to do...

I have a county court form to clear put on my bankruptcy so I have to go bankrupt before the end date of this form which is 14 days from 3rd....

Thanks

Sunshine
ByMel_Odious
#7516
sunshine wrote:hiya....

I am on Incapacity benefit...and I am going to declare my self bankrupt...I am worried that some debt is through advertising my own books on ebay and this may be seen as an income when really I just had a clean out to try and get some money together to help me pay my bills....I am sure the OR would want to see what I sold etc....it was only my own personal goods...books that I had collected over the years...

I am also worried as well because I did one or two well maybe a few astrology readings...and payment went through my account in cheques....so am I in trouble...please help me....I am scared as to what to do...

I have a county court form to clear put on my bankruptcy so I have to go bankrupt before the end date of this form which is 14 days from 3rd....

Thanks

Sunshine


Hello Sunshine,
ORs are not ogres. They are there to help you get your finances sorted. making a few pounds on Ebay is not a problem nor anything to try and make ends meet. You just tell the truth about everything. I am not sure what you are trying to say in your last paragraph.

Mel
Bysunshine
#7519 hiya....

the last paragraph....basically I have a court order for a debt...and so I have 14 days to do something about it but hopefully I will have gone through the bankruptcy procedure as there is no other way out for me my debts are over £7,000 and I cannot pay them on benefits....as I would have nothing for my self....

With the court order form if my debts were below five thousand I could have gone for an admin order...however my bank account has now gone one hundred pound overdrawn...tomorrow it will go another £100 over...this is without the charges....and is for cheque cashing....I decided I could not carry on the way I was this was after getting cheque advances and so I have another four cheques going through at various times this month....

So I see a CAB person tomorrow...I hope he does not try and speak me out of bankruptcy...I mean what other option do I have....

Also I sent a letter to a local loan company telling them I am going bankrupt...I read on here that they cannot approach a person who is bankrupt or does it also relate to one who tells the creditor they are going bankrupt so if I am approached it is against the law on their part though I aint gone bankrupt yet....

SUNSHINE
ByMel_Odious
#7522 No, sorry Sunshine. It is only illegal to ask for money from a debt that was included in bankruptcy AFTER you have been made bankrupt. You should take notice of what the CAB tell you tomorrow and if you are still not sure then come back here. IMHO £7,000 is a lot of money to you I know but in the scheme of things (my debts were £50,000 when I went bankrupt) it is not an awful lot and you should ask yourself if it is really worth you ruining your chances of say, getting a decent mortgage at some point, getting certain jobs. It is a very serious matter and you should take notice of what the CAB tell you. You should also consider a DMP.

Mel
ByDavidc
#7523
sunshine wrote:hiya....

the last paragraph....basically I have a court order for a debt...and so I have 14 days to do something about it but hopefully I will have gone through the bankruptcy procedure as there is no other way out for me my debts are over £7,000 and I cannot pay them on benefits....as I would have nothing for my self....

With the court order form if my debts were below five thousand I could have gone for an admin order...however my bank account has now gone one hundred pound overdrawn...tomorrow it will go another £100 over...this is without the charges....and is for cheque cashing....I decided I could not carry on the way I was this was after getting cheque advances and so I have another four cheques going through at various times this month....

So I see a CAB person tomorrow...I hope he does not try and speak me out of bankruptcy...I mean what other option do I have....

Also I sent a letter to a local loan company telling them I am going bankrupt...I read on here that they cannot approach a person who is bankrupt or does it also relate to one who tells the creditor they are going bankrupt so if I am approached it is against the law on their part though I aint gone bankrupt yet....

SUNSHINE


Telling a creditor that you intend to go bankrupt will achieve nothing as for every 100 times they here it 99 times it is a bluff. In fact if anything it can provoke them into becoming more agressive in an attempt to get payments out of you that once you have petitioned they will not be allowed to .
Best keep it quiet.
David
Bysunshine
#7540 Dear Mel_Odious...or anyone else...

I know my debts do not seem a lot....£7,000 but they are going higher every day now with bank charges...and I am sure others will throw charges on....

If I was working, which I cannot do due to illness, I would maybe have found a way to pay it off....

However, given my situation being on benefit long term....living alone...and only having about £4 a month left to pay creditors that would still love to hassle me and create more stress....I see no choice but to have the lot wiped clear and start a fresh...

I am not the type of person to be wanting a mortgage...or any other credit as I have had enough with the creditors pestering me to take out loans....

I will let you know how I get on with cab as I am going there to ask for info on how to make myself bankrupt nothing else....
ByMel_Odious
#7556 OK Sunshine, I see exactly where you are coming from and you seem to have made up your mind and are aware of the consequences; let us know what the CAB say and we'll take it from there.

Mel
Bysunshine
#7565 hiya...

Been to cab the person said I have filled the forms in correctly...and agreed given my situation I have no other choice....which I agree with...

One thing with being on Incapacity Benefit no income support I will not be eligible for the waived 110.00 fee so I will have to find the full amount 410 pounds....

do any of you know if I would be eligible to have this 110 pound waived as I am still on benefits....
ByMel_Odious
#7566
sunshine wrote:hiya...

Been to cab the person said I have filled the forms in correctly...and agreed given my situation I have no other choice....which I agree with...

One thing with being on Incapacity Benefit no income support I will not be eligible for the waived 110.00 fee so I will have to find the full amount 410 pounds....

do any of you know if I would be eligible to have this 110 pound waived as I am still on benefits....


The full amount Sunshine is now £460.
You can claim back the Court Fee of £150 as you are on benefits but will still need to find £310.
Mel
Bysunshine
#7569 hiya...

I have my appointment...two weeks time....I have been told that at the meeting I will have to speak to the OR on the phone ...is this long...as I seem to get flustered with being hard of hearing....

also I have a county court form for one debt that I have 14 days to reply to from the 3rd..if this is the case it will be the 17th June I have my hearing on the 20th....

I have read on the form, which by the way is a debt that will be threw onto my BO....on this claim form from the debt company it says You must respond to this claim form with 14 days of the day of service. the day of service is taken as 5 days after the issue date shown overleaf...which is the 3rd...so then it will be 14 days after the 8th which will be in time for me to get my BO won't it....

So I need not worry about it...I have got this right haven't I....
ByDavidc
#7574
sunshine wrote:hiya...

I have my appointment...two weeks time....I have been told that at the meeting I will have to speak to the OR on the phone ...is this long...as I seem to get flustered with being hard of hearing....

also I have a county court form for one debt that I have 14 days to reply to from the 3rd..if this is the case it will be the 17th June I have my hearing on the 20th....

I have read on the form, which by the way is a debt that will be threw onto my BO....on this claim form from the debt company it says You must respond to this claim form with 14 days of the day of service. the day of service is taken as 5 days after the issue date shown overleaf...which is the 3rd...so then it will be 14 days after the 8th which will be in time for me to get my BO won't it....

So I need not worry about it...I have got this right haven't I....


First of all, if you wish to, you can request a face to face interview with the OR interviews can take anything from 30 mins upwards.. what I would do with your CCJ papers is to send them a copy of your bankrupcy order. that will be an end to it.
David
ByMel_Odious
#7575
sunshine wrote:hiya...

I have my appointment...two weeks time....I have been told that at the meeting I will have to speak to the OR on the phone ...is this long...as I seem to get flustered with being hard of hearing....

also I have a county court form for one debt that I have 14 days to reply to from the 3rd..if this is the case it will be the 17th June I have my hearing on the 20th....

I have read on the form, which by the way is a debt that will be threw onto my BO....on this claim form from the debt company it says You must respond to this claim form with 14 days of the day of service. the day of service is taken as 5 days after the issue date shown overleaf...which is the 3rd...so then it will be 14 days after the 8th which will be in time for me to get my BO won't it....

So I need not worry about it...I have got this right haven't I....


Hi Sunshine,
Yes it appears that you have it right but would strongly suggest responding to the Form in any case. I see no reason now why you should not say that you will be petioning for bankruptcy on the 20th. It is no longer an idle threat.
As for the telephone conversation with the OR, I can't be sure if that will be your actual interview, as is sometimes the case, or if it is to make an appointment for the interview which is more usual. Either way you should have no problem in admitting that you have some difficulty in hearing, from the start of the conversation. That way you will sure that the OR makes it absolutely clear that you understand what is being said.

Mel
Bysunshine
#7580 hiya...

So should I also write to the doorstep loan telling them...I wrote at the beginning of the week explaining I am making my self bankrupt....but now I have a court date and time would this make them back off....

Or would it be daft to write and tell them...

The same with the court form that came from a creditor if I tell them would they push things through faster and get bailliffs...

Sunshine
ByMel_Odious
#7582
sunshine wrote:hiya...

So should I also write to the doorstep loan telling them...I wrote at the beginning of the week explaining I am making my self bankrupt....but now I have a court date and time would this make them back off....

Or would it be daft to write and tell them...

The same with the court form that came from a creditor if I tell them would they push things through faster and get bailliffs...

Sunshine



As you have already informed the doorstep collection company, I see no reason why you should tell them again. You will have to be strong and inform the collector when he comes though but if you think this will be a problem perhaps you should let them know. The problem is always getting them to believe that you are really going through with it because they must have bankruptcy threatened by debtors quite often.

I doubt that the creditor who is taking the Court action would get it through any quicker. I was just thinking of not wasting the Court time by responding before the due date. If your CAB office is near and convenient and you now have a contact there, it may be better to ask their opinion. My knowledge is limited and I would not know how individual creditors may react in the circumstances.

Mel
Bysunshine
#7721 Hiya....

The doorstep loan called today...I never answered....do you think if I now write and tell them the date 20th June and the time and the court that they will back off....
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