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Worried.w
Starting Member
6 Posts |
 Posted - 04 February 2010 : 15:14:12
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| Please help, I have been seperated from my husband since June 2009 due to the seperation I have been unable to pay loans and credit cards as before. I tried contacting people but they continually hound me even though they have been told repeatedly that I cannot afford to pay. I then lost my job in Nov and have since tried to bury my head in the sand. Recently on advice from a friend I contacted a couple debt advice services , who have all told me my only option is bankrutcy. I live in rented accomadation and am on job seekers allowance so I know my home is safe, I have been told I will probably have to sell my car as it is only 3 years old, my main question is if my ex will be liable for any of my debts as we were together when they were incurred? Also if I do manage to find new employment, which currently seems impossible, will my new employers have to be informed and will they subsequently start getting attachment of earnings forms for me? |
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Blackie
forum expert
United Kingdom
565 Posts |
Posted - 04 February 2010 : 15:58:22
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Good afternoon Worried.W
I am glad that you have decided to face your financial problems as they will not go away. It sounds as if bankruptcy may be your best option.
The car would not necessarily have to be sold if it worth under £2,000.
The timing of the debts being incurred and whether you were living with your ex does not really have much bearing on who is liable. The account holder is ultimately responsible for the debts.
If you do find employment, your employee will not be informed by the Insolvency Service as it may jeopardise your position. There are certain employees who would not take you on if you were bankrupt but these are mainly limited to the accountanct and financial industries. You would not become subject to an Attachment of Earnings Order but you would be expected to inform the Official Receiver who may, depending on your income, expect you to pay a percentage of this to him for the benefit of the creditors.
All the best
John Blackadder |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 04 February 2010 : 16:12:35
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Hi WW
welcome to the forum
Blackie has, I believe covered all of your points
do not know how accromonias your seperation was from Husband and your current relationship with him.
if any of the debts were / are joint it may be worth at least discussing with him that you are considering bankruptcy.
1) it will enable both of you to properly plan for BR
2) the other party who does not go BR or is the later to go BR may get an increased amount of flack (from banks and creditors)
3) If you both go BR and both files end up with the Or at about the same time, a decision from the OR as to how to deal with you MAY be quicker.
If he does not want to talk ( a man ting !) then continue to look seriously into Br
good luck with the path ahead
regards Richard |
Edited by - Richard P on 04 February 2010 16:13:43 |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 04 February 2010 : 16:49:12
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Hello worried.w,
Sorry to learn about your problems.
I am not sure if the debts are in your sole name or joint - that would make a difference to the whole situation.
as you said, as you are a tenant, providing the rent and other contractual obligations are met, you have no worries on accomodation.
The car could be safe, if it is worth less than £2K and you need it for work or a health reason.
Your employers do not need to know you are BR - you wil have a nill tax code (so any tax will be collected by Moonbeever by standing order from you)
If you go BR - an attachment of earnings order is not going to be applied as all of your unsecured debts will go at the point of the Bankruptcy Order
Hope this assist and you could also pop into your local CAB, they may well be able to assist and make some suggestions.
Richard
"Life is generally something that happens elsewhere" (Alan Bennett - author and one of my best heroes!!) |
Edited by - Housing on 04 February 2010 16:49:58 |
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Worried.w
Starting Member
6 Posts |
Posted - 09 February 2010 : 11:24:08
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Thanx for your help. Please could you answer another question for me. I understand my bank account will be frozen, but I have direct debit's set up (e.g. my phone, car insurance etc) what will happen with these?
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 09 February 2010 : 11:38:48
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Is it a basic bank account you have or do you have debts with the bank? If is isn't a basic account or you have debts with the bank then the account will be closed. In this case you can open a Co-op Cashminder account as these are very BR friendly.
If it is a basic account then it can be frozen up to 5 working days. You can plan your BR around the times that your DDs come out or any income is paid into the account or just open a Co-op account and move the DDs/wages to that account.
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Please help, I have been seperated from my husband
