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| T O P I C R E V I E W |
| elvis1 |
Posted - 03 May 2009 : 22:12:20
I contacted my local Crown Court (Portsmouth) a few weeks ago requesting a date to petition for BR, but was told that they operate on a "drop-in" basis between 10am & 12pm. I then decided that I would attend this coming Tuesday (5th May), which has given me enough time to save the £510 fees and complete my forms.
I am just a little worried that when I attend on Tuesday I may be told that I need to come back on another arranged date for the actual hearing. The reason for my concern is that I received a County Court Claim Form from Northampton County Court requested by RBS over some of my unsecured debt. This was dated 22nd April, so if I was to be declared Bankrupt on Tuesday, I would hope that this is not an issue, but if I get given another appointment to return in say, 2-3 weeks, that further action will be taken.
I was wondering if anyone had any thoughts on this? |
| 10 L A T E S T R E P L I E S (Newest First) |
| elvis1 |
Posted - 04 May 2009 : 14:34:53
Thanks everyone, it's definitely not a decision I have taken lightly, especially with losing my home of 9 years coming up, and my friend is convinced on my behalf that there really is no other way forward. |
| gettingoutofdebt |
Posted - 04 May 2009 : 14:26:10
The judge will want to be sure that you haven't rushed into BR and that you know what you are getting yourself into. You can mention that you have spoken to the CAB and a Debt Management Company (your friend) and you should be ok.
I put this information on my 6.28 form in the section asking how I got into the mess so the judge could see that I had sought advice. |
| frosie90 |
Posted - 04 May 2009 : 14:24:21
Hi elvis1. Same for me really. I initially went to CSSS for advice and was originally looking at an IVA but made my own decision to go BR. I told the judge that I had taken advice which was true. The judge does not go into any detail. |
| elvis1 |
Posted - 04 May 2009 : 14:18:23
Many thanks again, it's amazing how much better I feel when I read anything on this site about other people's similar experiences and feelings.
My only concern though is, following an early meeting with the CAB (which I must say taught me the VERY basic details of petitioning for BR), and a few conversations with a friend who works for a debt management company (very knowledgeable), most of my advice has not necessarily come from what I would call "professionals". I've instead seemed to find a huge amount of answers and advice on sites like this, and strangely enough from my boss!!! Is this likely to be a problem with the Judge?
I'm as comfortable as I can be with my reasons for BR, and with all the information I have submitted within my forms. |
| gettingoutofdebt |
Posted - 04 May 2009 : 07:02:09
Hi Elvis,
This sounds like the same situation that I had when I petitioned at my local court. They only have the BR hearings on Mondays so after submitting my forms and paying the fee on a Fri, I had to return the following Monday for the judge to rubber stamp the petition and you may have to do something similar.
Don't worry the BR Clerk will check your form to make sure you haven't made any mistakes and take the fee. Once this has been done provided you have sought professional advice (CCCS, CAB or IP, etc.) then the judge won't be able to refuse the BR. |
| frosie90 |
Posted - 03 May 2009 : 23:45:09
Hi Elvis1, I agree with John, it definitely pays to be polite to your creditors. I may have sounded discourteous earlier, I did not meant to, as I have always been polite with creditors. It is just so much easier once you have the paperwork in front of you to give them the number etc. Good luck.
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| elvis1 |
Posted - 03 May 2009 : 23:42:44
Thanks John, if I am given a later date I will do that. |
| elvis1 |
Posted - 03 May 2009 : 23:38:52
Thanks for that!! I've actually managed to stay pretty calm over the last few weeks, but think I'm just getting nervous as it's only a couple of days away!! |
| John |
Posted - 03 May 2009 : 23:35:22
Hi
this may sound odd but as a matter of courtesy (yes I am aware that the banks show very little of this) you could call RBS and explain you are declaring BR on the 5th and you are informing them purely so that they can avoid incurring any further unnecessary court costs.
If they push ahead and your appointment is delayed for 2 or 3 weeks it will make no difference as the BR will cancel out the CCJ.
John White
England Jackman & Spacey |
| frosie90 |
Posted - 03 May 2009 : 23:15:53
Hi Elvis1. Welcome to the forum! Loads of good advice on here. I am only novice but can say don't worry. Either ignore your debtors or tell them that you are filing for BR. All debts at point of BR will be included. Make sure you detail everything on your statement of affairs. Once BR they will still ring you but at least you have a number to give them etc. Try not to worry. It is not as bad as we all think. Good luck. |
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