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acm
Junior Member
United Kingdom
274 Posts |
 Posted - 13 March 2009 : 14:44:18
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Some advice please.
Back in October last year the county court granted a consent order giving my ex wife the house and in return she gave me £25K. This was deemed fair by the District Judge as I also had been seperated for nearly 6 years from her.
Over the last ten years or so I had credit cards and loan agreements out and at the time had a well paid job. Following the marriage break up I could no longer afford to pay for two homes, child maintenance and meet the repayments on my debts. I therefore had a debt management company look after my debt problems for £300 per month. This went on for nearly 3 years until I had a heart attack and stroke. After a year I lost my job and could therefore not meet my £300 commitment and had to reduce down to minimum payments for my creditors. 18 months ago I went self employed but have earned a pittance and relied on family and friends to help me out knowing I would have some sort of payment from my ex wife. In July last year I was involved in a car crash and lost some work which has affected my earnings significantly. If it were not for family and friends then I would have been up the creek without a paddle. I always promised to repay them when I got the money off my ex. On top of this my partner has been an absolute rock and even took out a finance agreement for a second hand van so I could work.
As I said, with the consent order agreed I was paid £25,000 in early December 2008. Out of that nearly £8,000 went on solicitors fees which left me just over £17K.
The following happened which I paid out for.
2006-07 Tax Demand - £650
Childrens christmas presents - £450 (3 children). Live at mothers.
Annual Ground Rent for holiday home - £1730 (where we live, apart from 6 weeks per year - see previous posts on this).
Housing for 5 weeks - £850 (Off the park)
Holiday for 1 week, 2 persons - £800 -(first in 2 years)
Van payment to partner to pay off finance company she took loan out to purchase for me - £2800
Settlements to family and friends for all financial help over last 2 years - £7,200
That left me approx £2,700 to live off for the last 3 months which apart from £500 is all I have left.
Due to the traffic accident I am hardly working now and am on extended physio. My GP has told me to stop driving (which is my job) as I am making my conditions worse so I no longer see her. I am averaging £120 per week at the moment and getting WTC of nearly £200 per month. I am well aware of preferred creditors. However, I did not know 2 years ago I was going to end up bk and without family and friends help I would never have survived. I earned less than a thousand pounds profit in the last financial year. These people were good to me and do not have much money themselves so could never give it back to the OR. The same goes for my partner who purchased the van for me. She has nothing herself either. Why else would we be living on a caravan park? All she did was pay off the finance company with what I gave her. My BK hearing is next Monday but if I had to ammend my SOA then now would be a good time for advice. Thanking you in advance.
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Suzanne
Average Member
United Kingdom
869 Posts |
Posted - 13 March 2009 : 15:03:08
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Hi
What a pickle. I will try to answer as best I can all your points.
The OR would seek to recover the money from your family and friends that you repaid, but if they don't have it to give back then, for the amounts owed, it probably would go no further for them.
In terms of the money spent, you haven't really been extravagant, just using it to cover living expenses.
If you still have the van and you are not needing it for work, they may take this in part payment of the preference.
The worst that could happen to you is that you would get a BRO/BRU to extend you bankruptcy by a few years.
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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acm
Junior Member
United Kingdom
274 Posts |
Posted - 13 March 2009 : 16:26:50
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Hi Suzanne
Thanks for your reply.
To be honest with you. If the OR wanted the money back from people who helped me survive then unfortunately I would not give the details to him or her. I am not prepared to have these people put through any stress through their good intentions. The money I gave back was all done by cash so their is no trail to them whatsoever. I feel very strongly about this. I have paid my dues and debts for the last 30+ years and it is only through my bad misfortune that things have come to this. I will accept whatever they do to me including time if need be. As for the van it would be impossible for that to be taken as I am a long distance courier and can drive up to 500 miles in a day. |
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