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 bankruptcy postbag for march
 Who and where can I talk to regarding my situation

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T O P I C    R E V I E W
zchr1 Posted - 14 March 2008 : 16:31:55
Who and where can I talk to regarding my situation? I have defaulted on an IVA because I cannot make the monthly repayments. My debt has gone up since the IVA was put into place. 4 creditors I had forgotten to include in the IVA are now contacting me wanting payment. Should I now seek help with bankruptcy? Your forum and information sites seem to say that's my only hope.

15   L A T E S T    R E P L I E S    (Newest First)
melanie_giles Posted - 27 March 2008 : 22:30:57
Check the terms of your tenancy to make sure that it does not automatically terminate upon the making of a bankruptcy order. Some do, and if this is the case, a guarantor will be of little use if the landlord wants you to vacate.
JulianDonnelly Posted - 26 March 2008 : 19:17:00
Hi Zchr1,

Pix1 responded to your question in another topic, but if you follow the link below this will tell you all you need to know about BRO/BRU.

http://www.insolvency.gov.uk/guidanceleaflets/bro/bro.htm

All the best

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Reviva UK Posted - 26 March 2008 : 19:10:02
Hi zchr1

we would need to know the whole story before we could advise you on the liklihood of you getting a BRO so I suggest you call one of the forum specialists who will be happy to give you free advice on the phone

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com
zchr1 Posted - 26 March 2008 : 13:54:46
Hi,

I've been given the number to call my Employee Helpline to speak to someone there about the possibility of BR.I have done this.Can I ask for your input on a Bankruptcy Restriction Order? What is it and what happens to the bankrupt?
Helpful Advice Posted - 19 March 2008 : 14:41:34
Hi zchr1,

Why don't you call them anonymously and ask their position this might save any shame.
You don't have to tell them it's you and if it's a large company you will find they have dealt with these matters before, you are not alone and more than likely won't be the first person to have had to ask them this question.

Good luck

View my Blogs at:

http://HelpfulAdvice.blogs.bankruptcyhelp.org.uk/

Bankruptcy Specialist

England,Jackman & Spacey

WebSite www.ejands.co.uk
zchr1 Posted - 19 March 2008 : 14:33:14
That's great thanks for your help. I am popping down to see my HR department this afternoon, to ask them the companys stance on BR for someone in my position. I thought I would be easy, but I have no idea what to say or where to start without feeling shameful!
Reviva UK Posted - 19 March 2008 : 09:38:22
quote:
Originally posted by zchr1

Sorry there is a third question!

We have a guarantor on our rented flat, because
when we moved in the credit search brought up a CCJ in my husbands name. A CCJ which he pays monthly with the courts autorisation.

If I go through BR, will this jepardise our tenacy? We have never been in arrears with the rent. We are great tennants.

But, we know our landlord has a mortgage for the flat we rent. Our rent pays his mortgage. Will his mortgage be affected if I become bankrupt? Will he be told to end out tenancy if the mortgage company finds out one of his tenants has become insolvent?

We can't loose this flat.

Please help.



Hi

couple of things

1. The payments each month for the CCJ needs to be included in the Br and payments stopped as all debts prior to the Br ( excluding Magistrate Court Fines & Student Loan) get dealt with through the Br.

2. Worth discussing with Landlord and check your tennancy agreement. Might be good to remind the landlord that now you don't have any debts your ability to pay the rent on time is now v good. The OR will probably ask for a copy of your rental agreement and possibly won't speak to the landlord, however it is always good to be upfront.

Good luck


Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com
Helpful Advice Posted - 19 March 2008 : 09:34:54
Hi Zchr1,

1. The OR will inform your creditors of the BR
2. The London Gazette and the Stubbs Gazette within the week

3. firstly if your husband goes BR he will no longer have to pay the ccj through the courts.

4.As you already have a guarantor it will not affect the tenancy in anyway, and it will not affect your landlord in anyway.

Hope this sets you mind at ease.

View my Blogs at:

http://HelpfulAdvice.blogs.bankruptcyhelp.org.uk/

Bankruptcy Specialist

England,Jackman & Spacey

WebSite www.ejands.co.uk
Reviva UK Posted - 19 March 2008 : 09:33:19
quote:
Originally posted by zchr1

Can I just ask two more questions:

1)If the BR is successful, who informs the creditors that I am bankcrupt? Me or the courts and how long will it take for them to find out.

2)I know that my name will be published in the London paper(s). Which one(s) are they and how soon after the BR will it be in?

Many thanks!




Hi

Informing the creditors is the responsibility of the Official receivers Office, Hiwever for instant peace from creditor calls / letters etc all you need to do is either photocopy the Bankrptcy order and post to each creditor, OR you could phone them up and give them the Br number ( XXXX of 2008 in the Royal Courts of Justice)


Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com
Reviva UK Posted - 19 March 2008 : 09:30:37
Hi zch1

forms are available from the court or you can download them from the HM court services site

http://www.hmcourts-service.gov.uk/HMCSCourtFinder
/GetForms.do;jsessionid=A7FA98E758E32907A44C69904E1CFC20

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com
zchr1 Posted - 18 March 2008 : 21:22:58
Sorry there is a third question!

We have a guarantor on our rented flat, because
when we moved in the credit search brought up a CCJ in my husbands name. A CCJ which he pays monthly with the courts autorisation.

If I go through BR, will this jepardise our tenacy? We have never been in arrears with the rent. We are great tennants.

But, we know our landlord has a mortgage for the flat we rent. Our rent pays his mortgage. Will his mortgage be affected if I become bankrupt? Will he be told to end out tenancy if the mortgage company finds out one of his tenants has become insolvent?

We can't loose this flat.

Please help.
zchr1 Posted - 18 March 2008 : 21:00:46
Can I just ask two more questions:

1)If the BR is successful, who informs the creditors that I am bankcrupt? Me or the courts and how long will it take for them to find out.

2)I know that my name will be published in the London paper(s). Which one(s) are they and how soon after the BR will it be in?

Many thanks!
zchr1 Posted - 18 March 2008 : 09:11:23
Hi Paul,

Thanks for the info. Do I just ring them up, ask for the forms and ask how to set the date? Going to be a struggle to get the fee's Iknow that much. Can I pick the formsup in person.Better than printing them off at work.
AlanO Posted - 18 March 2008 : 00:09:34
Hi zchr1

Paul's absolutely rightI wouldn't be too concerned about bumping into somebody there it is huge. However here is a funny story - I was outside RCJ a little while back with a client - he was having a cigarette before we went in and then a hoard of photgraphers and camera crew turned up - they were only tracking Mohamed al-Fayed as he was seeking the opening of the Diana Inquest.

My Client was intially concerned that he would be seen and then when not shown on news at Ten disappointed.

He is now discharged from bankruptcy and the Diana inquest continues

The message really is - if it's right then it's worth facing up to

All the best Alan

www.debtdr.co.uk
Reviva UK Posted - 17 March 2008 : 23:15:02
Hi zchr1

the high court is The Royal Courts of Justice on the Strand.

It is a huge place inside so unlikeley that anyone would see you

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com

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