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T O P I C    R E V I E W
Almost there Posted - 22 November 2008 : 12:33:48
Hi everyone,
I have not posted on here for a while, I am waiting to get my BR over and done with but due to a loan that I took out in the summer with a 3 month repayment holiday I have had to wait until I make at least 2 payments, the 2nd payment goes out in a week's time.
I have read various stories on here that you should not use credit when you know you are insolvent but I really have not had any choice but to use mine, especially with Xmas coming, they have been used for all the necessaties, is this likely to go against me? If I get a BRO I am not too worried but don't want to be prosecuted for fraud. I have had to draw cash sums out to pay other cards, i.e. robbing Peter to pay Paul. Basically I have been living on an Overdraft and cards. Will it be frowned upon using these so near to BR

I have also had a small savings account, this was my rainy day money which I have used for my MOT which cost £250.00 and some Xmas expenses, obviously I will close the account down. Can the OR, during their investigations, find out that I have had a savings account and query why I closed it down so near to BR. Would it look suspicious?

Any advice would be appreciated.
Sandie

Just want to get this all done and dusted now and start living again!
13   L A T E S T    R E P L I E S    (Newest First)
Almost there Posted - 24 November 2008 : 11:45:46
Hi everyone, thanks for all your replies. I just want to get everything over and done with now and if I get a BRO, well, thats life I suppose!!

Message for TD,
That's great that you haven't had an OR interview, I thought that everyone had one, I hope that would happen to me, I think that is the bit I dread most, as I really don't know what to put on my SOA form as to how I got into debt, that's the worrying bit and I don't want to get flustered and look as if I am hiding anything.
I hope things get sorted for you TD, when you hit the bottom there is only one way to go and that is up.
Good luck
Sandie x
pix1 Posted - 23 November 2008 : 11:57:24
veryworried,

It doesn't sound to bad, prima facie, so please don't worry too much about it. Sounds like the amounts involved were not huge. The OR's office will look at the ratio of your total debt to what was used from the savings a/c in the period leading up to the BR. Certainly, running up credit more recently looks worse than if it was from a long time ago. As far as I know only 2.5% of BR's get a BRU/BRO (you can search their cases on the Insolvency Service website). Oddly, it seems to me that it is hit and miss whether people get them. My guess is that people who hold back information at the beginning which only comes out later are more likely to get BRU/BRO's as they are adjudged to have been dishonest in their dealings with the OR. I get a funny feeling you will come out of this with the (these days) customary Early Discharge and NO BRO. But in BR there are no guarantees and you must ultimately just trust the process and cooperate fully.

P.S. I don't know if you ahe already got your BR order or closed the savings a/c but, if not, why not leave the a/c open. It might well get closed by the bank once they here of your BR, anyway. Ofd course, don't leave more than pennies in it. OR's expect bank a/c's to have little or no money in them when people go BR.

P.P.S. Get a BR-friendly bank account asap. Try coop bank or nationwide.
Needafriend Posted - 23 November 2008 : 08:45:53
Hey thanks Guys

The reason i asked is i did not get anything for household items but saying that i did not list them on the SOA so maybe they only send letters if you have actually written something on the form.

TD

I am sorry to hear about what your going through at the moment, you know mate that we are all here for you.
I hope that you get your car sorted out and soon. Also tell those mice they cany live free of charge so to move out and find another hotel to live in. ;-)

LOL


Jo
x


For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Needafriend's Info on Bankruptcy :-)
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Needafriend says: Live life to the full, take life by the horns and live a little, otherwise life would be so boring!
zamfir Posted - 23 November 2008 : 01:17:00
The OR said I can keep the car and personal effects at interview, and said my I&E had been approved. It still took three weeks to get the exemption letter for the car and the personal effects wasn't required apparently.
Skippy Posted - 22 November 2008 : 22:37:04
Sad as it might sound, I didn't have any furniture! My only assets were my car and laptop I got a letter of exemption quite quickly for the car from the OR, although I know a lot of people have waited quite a while for this. They never mentioned my laptop.

Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.

View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
Trolly-Dolly Posted - 22 November 2008 : 21:54:22
Thanks Skip,
I'm praying that it has a happy ending too. Just want some good luck right now.
Marriage over, car off the road broken and now some f&!%ing mice have moved in!
Still.......I keep smiling!

You can read my blog here;

http://drowningmummy.blogs.iva.co.uk/
Trolly-Dolly Posted - 22 November 2008 : 21:50:44
Hi Jo,
I have recieved two exemption letters. One for car and one for all personal effects.

You can read my blog here;

http://drowningmummy.blogs.iva.co.uk/
Needafriend Posted - 22 November 2008 : 21:15:49
Hi TD & Skip

Did you get exemption letters for your household furniture or just cars etc.

Thank you guys :-)

Jo
x


For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Needafriend's Info on Bankruptcy :-)
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Needafriend says: Live life to the full, take life by the horns and live a little, otherwise life would be so boring!
Skippy Posted - 22 November 2008 : 20:43:48
I really don't think you're going to be prosecuted TD. You didn't take out the card with the intention of not repaying the money, and to be honest I can't see the OR spending the money on prosecuting anyone for a small amount.

I hope it goes well for you, and you don't hear a peep from the OR!

Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.

View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
Trolly-Dolly Posted - 22 November 2008 : 20:36:30
I feel the same way as you.
I went BR on Aug 27th, and prior to that I took out an egg card (£1250) and didnt make a single payment. I didnt know I was committing fraud as I just needed to pay my £508 gas and electric bill, council tax and other bills I couldnt pay. Only once I paid these did I realise that this couldnt go on and decided to seek help.

Have still not had interview 3 months on (OR said they had no desire to interview me at present), but have been told that car, furnishings are exempt which is a relief.

Just want to know what is in store for me so that I can learn to live again and be prepared for prosecution (ie telling my boss and getting fired after 15 years!)

Take care

You can read my blog here;

http://drowningmummy.blogs.iva.co.uk/
Skippy Posted - 22 November 2008 : 19:22:38
I think the worst that will happen is you could get a BRU, although that's down to the OR. I was told to expect a BRU and it never happened.

Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.

View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
Needafriend Posted - 22 November 2008 : 19:15:32
Hi Sandie

Basically you have to do whats right for you and i dont think that by using your cards to buy food etc is gonna land you in prison for fraud, you have to live.

I did use 2 catalogues back in Dec 2007 for xmas gifts and was just managing then but went BR 8 months later so i am kind of expecting a BRU for the as i added about £1400 in that time for clothing, kids stuff and i needed household items too.

I think you will be fine, i know as the time draws nearer the questions seem to keep coming and no matter what we say it may seem the wrong answer, but i do seriously think you will be fine.

I know you have taken proper advice and i would follow what you have been told to do as these specialists know what they are doing.

Try not to worry and do take care.



Jo
x


For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Needafriend's Info on Bankruptcy :-)
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Needafriend says: Live life to the full, take life by the horns and live a little, otherwise life would be so boring!
RHB Posted - 22 November 2008 : 12:47:25
best to be honest I would have thought. Technically I suppose that Christmas isn't a necessity like food & heating so the OR may well judge that you have carried on using credit when you knew there was no intention of repaying it.

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