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 We now live out of the uk in Canada

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T O P I C    R E V I E W
Clare.pt Posted - 17 January 2010 : 05:45:51
We now live out of the uk in
Canada as Temporary Residences but are applying for residency. We have lived here for 18months. When we left the uk we were in financial hardship, we had tried a payment plan with CCCS but couldn't keep up the payments and my husband had no work, he was a self employed builder, we were both unemployed, so we upped and left the uk and left all our debts behind without telling anyone. Now our old debtors have started writing to my husbands parents address, where he used to live before we married, and we are concerned that this will esculate if creditors share information. Anyway, we think it will be best to declare ourselves bankrupt in the uk. We have no assets where we live, we rent our home, lease our car and have no savings. We have no assets in the UK whatsoever, just debts (about 25K serling). First of all, can we declare bankruptcy from outside of the UK? Second, what should we do about debtors writing to husbands parents? Do we need to advise that this was only ever a c/o address, or should his parents be writing to the creditors if they get letters, saying we don't live there? Alternatively, I was going to write to all the creditors that I am aware of, tell them that we do not live with his parents, and that we are taking advice on our financial situation and possibly going for bankruptcy? Don't know what to do for the best. We sold our house in the UK to avoid repossession, and we do not have the money to pay the uk debts. We barely surive over here, and want to put an end to all the worry, and want to stop credits writing to husbands parents house. What should we do?
2   L A T E S T    R E P L I E S    (Newest First)
Reviva UK Posted - 17 January 2010 : 08:49:31
Hi
to petition for Br whilst now living in Canada you need to either fly back and petition yourselves - it will be at the High Court in London, or arrange for someone else to do it for you.

They will need to register a Lasting Power of Attorney with the Goverment - costs £150 each to register this document.

The court fees of £522 each ( this will increase by approx £15 each in April) and if you hire someone to represent you and do all the work you will need to find their fees to0.

The official receiver will want to know when you sold the house how much equity was left, what you did with it.



Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com

Real People ..... Real Debt Solutions
gettingoutofdebt Posted - 17 January 2010 : 08:40:50
You can apply for BR in the UK if you have lived abroad for less than 3 yrs. You can either do this yourself by petitioning at the High Court in London or you can provide someone with the Power of Attorney to petition on your behalf.

If you want to apply yourself (it will be cheaper, easier and quicker) then you would need to come back to London for at least 1 day. You don't need to make an appointment at the High Court but need to turn up at 10am, pay the £522 fee (per person) and then you would be declared BR early that afternoon. You could then fly back to Canada later that day if you wanted.

You would need to complete the 6.27 and 6.28 forms and take these to the court with you. The forms can be completed online at https://www.insolvencydirect.gov.uk/isolv/.

Regarding the creditors contacting your parents the easiest option is to call each creditor and tell them you are now living in Canada and that you are declaring BR. You could provide them with your address details but it may take a couple of weeks for them to update their records so your husband's parents may still get the odd letter. Be warned that if you provide them with a telephone number they will constantly call you although I am not sure if that would be the case with a Canadian number.

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