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ddonna
New Member


89 Posts |
Posted - 11 October 2010 : 13:52:57
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Please help us...I met my hubby 6 years ago and he unforunatly had 20,000 of debt which he brought from a previous relationship.I encouraged him to go on debt management which he has always paid but nothing seems to have decreased much.He lost his job 8mths into the relationship and i was debt free but had to get into debt to help us survive.Over the 6 years i have now 11,000 of debt and together we hAVE 31,000.We have 3 little children and are really strugling .My husband is now working and we can pay the debt but only minimum payments and after that we dont have alot left.some weeks we have £40 to feed,clothe etc 5 people and thats not much at all.We arent silly with our money ,our kids come first and we never go out as a couple,buy ourselves clothes ,haircuts very often (at the most once a year),but the debt is just slowly starting to strangle us and put alot of pressure on our marriage as we always blame the other!!! We have thought of bankruptcy but im so scared that if we did we would lose our car,tv etc,anything thats normal to our kids and as we have a 12yr old he would notice and would wonder and i dont want to see that.im utterly clueless ,all i want is to get up in the morning with a smile on my face ,no butterflys or dredding the letter box each day! Im so sick of my kids seeing me cry and being worried.I really cant see the debt ever going away ,please if anyone can advise me what to do id be so gratefull,even if its just whats the worst that can happen if you go bankrupt? or just anything at all that might ease my mind! x |
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moodybluetwo
Junior Member
 

156 Posts |
Posted - 11 October 2010 : 16:30:57
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| I’m no expert in these matters but I am going through bankruptcy after wasting time on an IVA. As I see it once you accept you cannot afford to keep trying to pay off debts its time to seek alternatives...but with these choices come tough decisions that only you can make. I don’t think the OR takes household goods away these days...but if you cannot justify keeping your car or its worth a lot...then it will have to go..when your free from BR you can then move on and begin to enjoy life again . |
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Bigal4787
forum expert
  

United Kingdom
641 Posts |
Posted - 13 October 2010 : 11:44:38
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Donna, I was in a similar position in 2005, when I got divorced. I came away with no equity in the house even though I'd paid 90% of the mortgage for years, I was landed with all the debts that mainly my ex wife had accrued over the years, plus a legal bill for £10,000. I've been gradually reducing those liabilities since then,having paid off 2 large loans(the payments were £630 per month in total), my next target were the credit cards. Luckily I was in relatively well paid jobs, however in July 2010 after being an insolvency examiner with the OR in Liverpool for over 2 years as a contractor, I along with others had our contracts terminated with less than 2 weeks notice, and I haven't been able to find another full time job since, so I'm now in the same position as many people on this site, the only thing is, I know the processes and procedures of bankruptcy, which is why I'm only too happy be of help on this forum, to allay any fears they may have about the bankruptcy process.
The upshot is, that based on what I know now, I should have declared myself bankrupt in 2005, after the divorce and being saddled with all those debts, instead of carrying on for 5 years. So your husbands situation is similar to mine, plus he's been unemployed inbetween, which is a common thread in peoples accounts, of how they became insolvent.
Instead of paying all that money into a DMP(which is adnmitting that you are insolvent), bankruptcy may well be the best option. The OR doesn't take things like TV's, furniture etc, as they realise that you have to make your home habitable, especially with young children about. The only things to consider are: House - is it rented, or owned? if owned, what is the mortgage and equity position?
Car - what is the value?, is it neccessary to enable you to get to work, as if it is the OR is likely to exempt it from the proceedings(i.e. he won't take it)
Hope this helps
Big Al |
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donna pearcy
Starting Member

United Kingdom
14 Posts |
Posted - 13 October 2010 : 15:50:48
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Hi Big al,thankyou so much for the advice.We have thought long and hard for years now trying to work out our best solution.We have continued to pay them even though it feels so unfair on myself and my kids that my husband has brought these debts from his ex as they were in his name,i just feel like i never spent it ,ive got nothing from it and we are the one's suffering.although our debts seem small compared to some people ,i just cant see anyway of ever becoming debt free without bankruptcy!We have tried debt management for my husbands debt and we were told the interest would be froze but judging by the amount he originally had and the amount left after 5yrs of paying the debt management company we have realised that it hasnt even made a dent in the debt and its still huge!Plus he'll be in his late 70's by the time its paid off ,if not older!! We are currently renting a local authority property and we do own a car .the car is worth on parkers website 915 for a good sale price and 1115 for a dealers sale price.My husband ocassionally uses it to get to work but most of the time he has the works van at home so he uses it for work instead of the car.This is my worry as he uses the van for work will the O R see that as we dont need the car ,we really do need it though as his mother has parkinsons disease and we visit her every other day and take her to hospital although she has not been awarded carers allowance(currently in the process of claiming) yet we are basically her carers.
I hope you can advise me on this ,sorry for going on and on ,it just feels better to get it off my chest!! Donna quote: Originally posted by Bigal4787
Donna, I was in a similar position in 2005, when I got divorced. I came away with no equity in the house even though I'd paid 90% of the mortgage for years, I was landed with all the debts that mainly my ex wife had accrued over the years, plus a legal bill for £10,000. I've been gradually reducing those liabilities since then,having paid off 2 large loans(the payments were £630 per month in total), my next target were the credit cards. Luckily I was in relatively well paid jobs, however in July 2010 after being an insolvency examiner with the OR in Liverpool for over 2 years as a contractor, I along with others had our contracts terminated with less than 2 weeks notice, and I haven't been able to find another full time job since, so I'm now in the same position as many people on this site, the only thing is, I know the processes and procedures of bankruptcy, which is why I'm only too happy be of help on this forum, to allay any fears they may have about the bankruptcy process.
The upshot is, that based on what I know now, I should have declared myself bankrupt in 2005, after the divorce and being saddled with all those debts, instead of carrying on for 5 years. So your husbands situation is similar to mine, plus he's been unemployed inbetween, which is a common thread in peoples accounts, of how they became insolvent.
Instead of paying all that money into a DMP(which is adnmitting that you are insolvent), bankruptcy may well be the best option. The OR doesn't take things like TV's, furniture etc, as they realise that you have to make your home habitable, especially with young children about. The only things to consider are: House - is it rented, or owned? if owned, what is the mortgage and equity position?
Car - what is the value?, is it neccessary to enable you to get to work, as if it is the OR is likely to exempt it from the proceedings(i.e. he won't take it)
Hope this helps
Big Al
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Bigal4787
forum expert
  

United Kingdom
641 Posts |
Posted - 14 October 2010 : 10:43:39
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Donna, as you're renting from the LA, that will pose no problems, and the OR generally doesn't contact them, you just need to show some sort of proof that you do pay rent to them.
With regards to the car, who is the registered keeper on the V5(registration document or logbook)?
If you're both going bankrupt: if the car is in your husband's name, then the OR's argument for claiming the car would be that he has the use of the works van, therefore as you are a carer for your husbands Mother(whether you're getting carers allowance is immaterial), this is now recognised as a vocation and would qualify for exemption, so simply change the registered keeper details with DVLA into your name - I presume that you can drive!
If only husband is going to petition: Same as above, your husband has the van for work so the OR could claim the car, therefore change the registered keeper details with DVLA, using the relevant tear off slip on the V5.
Regarding cars in bankruptcy, there are 2 posts on the forum known as sticky's where the issue of cars is covered in detail.
Hope this helps!
Big Al |
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donna pearcy
Starting Member

United Kingdom
14 Posts |
Posted - 14 October 2010 : 15:00:57
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hi big al , i rang the OR for newcastle and asked him anonimosly what could happen as the works van is only allowed to be used in work time or for emergency call-outs plus it has a tracker.He told me not to worry and it proburbly wouldnt happen so i feel a bit better now.He seemed quite sincere so fingers crossed.We have decided to go ahead with the bankruptcy so hopefully it will all be sorted as soon as we can get the fee's.Does anyone know how long it takes from when the court receives your petition? thanks again donna |
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gettingoutofdebt
forum expert
    

2418 Posts |
Posted - 14 October 2010 : 15:45:39
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| You are normally declared BR on the same day that you petition however this can vary from court to court. You should contact the BR Clerk of the court to find out the procedure. Some courts just allow you to turn up on the day but others require you to make an appointment. If the court uses an appointment style then it can take several weeks to get an appointment so you may want to drop them a line now to check on their procedure. |
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donna pearcy
Starting Member

United Kingdom
14 Posts |
Posted - 15 October 2010 : 14:40:02
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hi big al ,ive just left a question regarding if the court can reject my petition for bankruptcy.Ive had a reply that basically says if you are insolvent it would be granted but i can pay my debts but only the minimum payment,im not on debt management but my husband is .do you think the court would allow my husband to go bankrupt and not me?Im worry again,feel like i had it all sorted and now im back to square 1 Do you have any advicequote: Originally posted by Bigal4787
Donna, I was in a similar position in 2005, when I got divorced. I came away with no equity in the house even though I'd paid 90% of the mortgage for years, I was landed with all the debts that mainly my ex wife had accrued over the years, plus a legal bill for £10,000. I've been gradually reducing those liabilities since then,having paid off 2 large loans(the payments were £630 per month in total), my next target were the credit cards. Luckily I was in relatively well paid jobs, however in July 2010 after being an insolvency examiner with the OR in Liverpool for over 2 years as a contractor, I along with others had our contracts terminated with less than 2 weeks notice, and I haven't been able to find another full time job since, so I'm now in the same position as many people on this site, the only thing is, I know the processes and procedures of bankruptcy, which is why I'm only too happy be of help on this forum, to allay any fears they may have about the bankruptcy process.
The upshot is, that based on what I know now, I should have declared myself bankrupt in 2005, after the divorce and being saddled with all those debts, instead of carrying on for 5 years. So your husbands situation is similar to mine, plus he's been unemployed inbetween, which is a common thread in peoples accounts, of how they became insolvent.
Instead of paying all that money into a DMP(which is adnmitting that you are insolvent), bankruptcy may well be the best option. The OR doesn't take things like TV's, furniture etc, as they realise that you have to make your home habitable, especially with young children about. The only things to consider are: House - is it rented, or owned? if owned, what is the mortgage and equity position?
Car - what is the value?, is it neccessary to enable you to get to work, as if it is the OR is likely to exempt it from the proceedings(i.e. he won't take it)
Hope this helps
Big Al
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gettingoutofdebt
forum expert
    

2418 Posts |
Posted - 15 October 2010 : 14:55:28
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I've left the following in your other post:
It's highly unlikely that you will be refused BR. I was just about able to pay my minimum debt payments but the amount I had left over for food, clothes, etc. was a lot less than the guideline amount the OR allows. If I allowed myself the amount the OR allows for expenses then I was insolvent by quite a bit.
Have you completed your I&E on the SOA form? If you add the amount you pay to your creditors on top of the amount you have on your I&E form do you still have money left over or is it a negative amount? |
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Skippy
forum expert
    

United Kingdom
3290 Posts |
Posted - 15 October 2010 : 14:58:22
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I wouldn't worry about being refused.
My situation was slightly different as I was in an IVA first, but up until I went into the IVA I was meeting all my payments. However, I was only paying off the minimum each month, and I was using credit to live.
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
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donna pearcy
Starting Member

United Kingdom
14 Posts |
Posted - 15 October 2010 : 16:06:26
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Hi thankyou all for the great advice,ive just been on the cccs website as i havent got my i&e forms yet and judging by what they say i should have for shopping etc i would be insolvent by quite a bit.Is it ok to use this as a guideline or would the OR have a different/stricter guideline? According to the cccs i would be expected to have 465 for shopping pr month,the kids would have £33 pocketmoney between them ,all of which is massively different to what i spend now (ie:£50 pr wk shopping and nothing for clothes etc)? quote: Originally posted by gettingoutofdebt
I've left the following in your other post:
It's highly unlikely that you will be refused BR. I was just about able to pay my minimum debt payments but the amount I had left over for food, clothes, etc. was a lot less than the guideline amount the OR allows. If I allowed myself the amount the OR allows for expenses then I was insolvent by quite a bit.
Have you completed your I&E on the SOA form? If you add the amount you pay to your creditors on top of the amount you have on your I&E form do you still have money left over or is it a negative amount?
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gettingoutofdebt
forum expert
    

2418 Posts |
Posted - 15 October 2010 : 16:27:35
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You can get the recommended expenditure guidelines at www.insolvency.gov.uk/DocumentLibrary/Policy/Excel/Household%20Expenditur.xls
Ideally you should put down what you actually spend each month but, if you are anything like I was before I went BR, I was living of credit cards and had absolutely no idea about my monthly outgoings.
I put down the guideline amounts and find that they are pretty fair. Some months I may spend slightly less but others I will spend slightly more.
Once you complete your I&E you can always post it on this board and we can take a look and advise if you have missed anything out. |
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