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fixie
Starting Member
27 Posts |
 Posted - 27 January 2011 : 14:55:26
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We are waiting to save for the court fees £1200 but in the meantime have received a Claim Form letter from the County Court from Black Horse.
How long do we have before we can now submit our BR claim as I fear the fuse has now been lit by one of our creditors.
What course of action needs to be taken and what are the timescales ?
How do I respond to the claim form?
Please help I am sooo desperate.
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Golf88
Starting Member
43 Posts |
Posted - 27 January 2011 : 14:59:05
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I'm not sure but I know someone helpful on the forum will be along soon to help you just as they helped me. Stay on-line as help is on the way...
Regards,
Golf88
Taking a day at a time and enjoying them a bit more than I did before.... |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 27 January 2011 : 17:14:46
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Hi Fixie
how close are you to your court date for petitioning for BR ?
in relation to the claim form has the hearing already been held and you owe money or is it black horse saying we will go to court on Date.
I did not go BR same time as my wife as we did not have funds at time |
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fixie
Starting Member
27 Posts |
Posted - 27 January 2011 : 17:21:02
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We have not yet applied for BR as we do not have the funds.
I get paid on Monday (31/01/11) so will have the funds ready then and will call the Court and get the date for the application, currently less than a weeks hearing.
As for the Black Horse - we got the claim form from them today (27/01/11)
We could complete the CCJ form and return with an offer of payment for £1 - really do not know:
A- What to do
b- The right thing to do
I'm not sleeping too well right now constantly worrying and working shifts is not helping me. Got another child on the way & I do not want more stress for my partner with this whole debt business...
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 27 January 2011 : 17:26:31
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If you're going to be going BR within a very short space of time then I wouldn't bother sending anything.
When you have your date, providing it is within a very short space of time, then I would write and tell them that you are going for bankruptcy.
I believe a CCJ would be covered anyway.
Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.
Jan
xx |
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fixie
Starting Member
27 Posts |
Posted - 27 January 2011 : 17:32:16
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Thanks folks- appreciate the responses, we are really quite worried right now and life is a misery. Got a lot on our plates right now and the debt is like a nail in the coffin.
Is there anyone who is/was BR and had things they needed to pay but had to ear exra to get the money to pay for them ?
We are expecting a 2nd child in a few months and need to get pushchair cot etc etc, will overtime be allowed to pay for the items or will it be taken by the OR if earned ? |
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 27 January 2011 : 23:57:27
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Hi Fixie,
if you will be petitioning for bankruptcy soon, then it wouldn't be worth offering anything regarding the CCJ judgement, as a CCJ would still be included in bankruptcy. Just contact the court and inform them of your intentions.
As regards expenditure, you are going to complete an SOA based on your current circumstances, but shortly after being declared bankrupt, you will be interviewed by an examiner on behalf of the OR, which is when you can explain about the forthcoming birth, and extra expenditure. What you can suggest is that once you have had the baby and the dust has settled, that you complete another I&E form (called an IPOQ) to establish what your true I&E is with another member of the family. Most OR's and examiners are reasonable, and realise that sometimes a bit of slack has to be given(it's the way I would have done it as an examiner anyway!)
Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.
If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
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fixie
Starting Member
27 Posts |
Posted - 28 January 2011 : 01:21:36
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Thanks BigAL, appreciate the words of advice.
gong to be a stressful coupe of weeks ahead, and still alot of unknowns as far as what to expect, but we need to do it in order to move on with our lives and those of our children while they are young enough not to be too affected by any of the stigma associated with BR.
Thanks everyone.
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 28 January 2011 : 15:18:56
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Hi
I cannot add anything to the advice given in the posts.
Simply concur, if you are so close to petitioning for BR, then do not bother with making any offer in the CCJ chain.
Good luck and relax a bit - when you petition, it will all be behind you :-)
Good luck, Richard (Housing)
"There are no problems - only solutions" |
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fixie
Starting Member
27 Posts |
Posted - 29 January 2011 : 18:51:14
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On working our income & expenditure, there is more going out about £200 more, that we have coming in on a basic month with no overtime.
What will happen if I ever work overtime again during the period of BR before discharge ?
Given the i&e will there be an IPA/IPO levied on us ?
bit of a mystery ? |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 30 January 2011 : 11:16:44
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If you find work before being discharged then I believe you will then be subject to an IPA if your disposable income is more than £20 per month.
Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.
Jan
xx |
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fixie
Starting Member
27 Posts |
Posted - 30 January 2011 : 11:21:23
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I get the £20 per month disposable bit, it is how it is achieved which is the mystery to me.
Do I work out to the penny so my income equates to my outgoings or do I demonstrate that more money is going out than in, whereby the OR decides that BR will not even help or what exactly ?
Will overtime be allowed to purchase necessary items such as cots / push chairs, house repairs etc.
I have not included holiay funds in my SOA / I&E should I ?
too many questions and too many grey areas !
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debtinfo
forum expert
2826 Posts |
Posted - 30 January 2011 : 12:22:52
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| There are not really any grey areas, all you need to do, is put down all your income and all your expenditure. The problem comes whrn you try and manufacture a desired outcome rather than just supplying the requested information |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 30 January 2011 : 12:55:42
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There are no grey areas - as debtinfo says, you put down what you spend for everything and the OR will look at it.
Once you are BR then it is down to any DI after your allowances have been accounted for.
Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.
Jan
xx |
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debtinfo
forum expert
2826 Posts |
Posted - 30 January 2011 : 13:03:51
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| Also if in doubt, then put it down, the worst that can happen is they disqualify the expense, but you dont get if you dont ask, have a look through your bank statements over as long a period as you can to make sure that you get everything down you spend money on |
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fixie
Starting Member
27 Posts |
Posted - 30 January 2011 : 17:04:55
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We are going to make an appointment this week to go before the court.
I'll let you know how it goes after the even, wish us luck.
Good grief, how life turns out just how you think it never will.
bigg thanks to everyone for their words of wisdom. |
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Topic |
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Received a County Court claim form letter-HELP!
