| T O P I C R E V I E W |
| Stressed by BR - TP |
Posted - 05 April 2010 : 18:35:11
I filed my petition for BR last Thurs but panic has set in! The OR won't be ringing me until Tues/Weds but I have a few questions. My situation: I'm a single mum of 2(aged 1 & 2 - ex partner left me when I was 5 months preg with my 2nd)! 1) Will I lose my car? I sought advice through the CAB & she said I wouldn't lose it as it's only worth about £1K but having looked on a few forums it looks like I will, as I don't work (ex Financial Advisor). I consider my car still essential though. I've had back problems since I was pregnant with my 1st child & take prescribed pain relief for this. I find it really difficult walking & picking up my children at the best of times but to have to negotiate public transport to go shopping with the girls fills me with dread. My twice weekly visits to the supermarket is the only excitement in my life, apart from visiting my mother, who lives a way from me & doesn't drive. I'm on a waiting list for counselling because I'm finding life so hard at the moment, now this is causing more stress, as I wouldn't have a clue how to arrange this without my car! 2) I'm on Income Support & Housing Benefit get most of my rent paid but the day I got back from court I received a letter from IS to say it's now going up. Now I don't know if it's because of my mental state but I don't see this as a positive. I spent days looking at my SOA & seeing how little money I had, wishing I had enough for more than everyday basics, now this is like a wish come true. I'm now going to be approximately £120 better off each month but I'm worried. Will the OR think I'm trying to pull a fast one, as the letter is dated before my BR, although it won't come into effect until 14th April 2010? Will the OR see this as disposable income & take this money to pay off my creditors? Will this extra 'income' affect my housing benefit? If it affects my housing benefit, who knows how much of the £120 I will actually have left to declare anyway. Please can you help?
|
| 15 L A T E S T R E P L I E S (Newest First) |
| Stressed by BR - TP |
Posted - 13 April 2010 : 10:51:31
Thanks for that Shelley.
I had my telephone interview with the OR yesterday. He seems like a reasonable enough guy. Regarding the car, he's going to write to my doctors for a medical report from them and that will determine whether I get to keep it. I'm feeling a lot more positive about the situation now. Looks like, as I'm not in arrears with my mobile phone or broadband, I'll get to keep them too. It wouldn't have bothered me either way though, as I've looked online and O2 are doing some great deals on mobile phones and mobile broadband. Onwards and upwards!!!! |
| shelleyandrew76 |
Posted - 13 April 2010 : 08:00:40
Hello there. My husband and I were not allowed to keep our car. My husband is quite close to his work so could either walk or get public transport. I dont work but have 4 children to look after. We live in a town with not alot of things here and so have to travel out to hospitals/dentists/shopping etc. We also do a journey of a round trip of 460 miles every other weekend (so 2 of my children can see their dad). I thought it was the end of the world and could not live with out the car. However we were told that a third party could buy the BI interest. We said our car was worth £1500 and had to pay £700 to keep it. With such a low value on your car, you could be lucky and maybe get away with offering £150-£200. But with such a low payment, you may be lucky and just end up keeping the car.
Good luck :-)
|
| Richard P |
Posted - 06 April 2010 : 17:40:52
hi stressed
you have said what you have said, so do not beat yourself up about it.
you may have to get a doctors certificate to show that you need a car on medical grounds
if the car is nominal value below £2K they may not even bother about it.
their is nothing that you can do in the immediate future, relax and continue to use your car,
The OR can actually be quite understanding and nice. So even if they say No you can still appeal or negotiate
regards Richard |
| Stressed by BR - TP |
Posted - 06 April 2010 : 17:28:05
Hi XMAS BABY my car is apparently worth between £645 - £905. I wouldn't say it's in particularly good condition and I know I have to buy a couple of tyres for it but at least I know what's wrong with it. I would consider my car essential for basic needs such as shopping, as well as I've had loads of hospital and doctors visits over the past few months and probably to come. I've got a dodgy 'complicated cyst' on my ovary, I had a dodgy one before and had an ovary removed, so I really don't want another one out. I'm having counselling too soon for depression and I think my ongoing back pain is just something I'm going to have to live with. But without a car I don't know how I'd be able to continue to do these things. |
| xmas baby |
Posted - 06 April 2010 : 15:44:51
Hi Stressed,
I would imagine it all depends on the value of your car. Is it worth more than £2000? If so, then the OR could well take it. Even if they do, they might let you buy a cheaper car, although if the car is not essential for you, the OR might not allow you the car. My own personal experience is that I can't really say my car is used for essential purposes, although I do use it often now to visit my mum who has recently been diagnosed with breast cancer, but when I was declared bankrupt last March, this was not the case and they still allowed me to keep it for a small token payment. I should point out my car is 15 years old and would hardly be worth £500 if that. I think it would have cost them more to scrap it rather than let me keep it and make £100 out of it.
xmas baby |
| Stressed by BR - TP |
Posted - 06 April 2010 : 15:04:51
Hi everyone. Just got a call from the OR for more information from me and yes, I'm bankrupt as from 1st April 2010! I am so rubbish and nervous when it comes to speaking about things of such a serious nature that I tend to waffle on (pretty much how I type) - lol. He asked did I have any assets and I said the only thing was my car. He asked how much it was worth etc and I told him. Then he asked what I needed it for, at this point I just froze. I was like erm, well, er shopping, visiting my mum - just rubbish things. I did tell him of my bad back and that I can't walk far. He asked how far and I just blurted about 500 yards, don't ask me why. I can't remember the last time I've ever had to walk that far, I drive everywhere!! Anyway from the answers I gave, I'm sure I won't be able to keep the car. I could have said it's essential rather than a convenience but he would have thought I was a bit too clued up. Think I've stuffed it up. Should I have asked him then and there whether I can keep it? I've got a flat tyre as of this morning and no spare, so cannot drive it. I need to know whether to get the car sorted. Don't fancy forking out money if he says it's got to go. Spent £300 on it just before Xmas to get it through it's MOT. Shall I call him back and ask or is it too early to say and might just annoy him. He said he's gonna ring me soon to arrange a telephone interview. |
| Richard P |
Posted - 06 April 2010 : 14:40:43
Hi Stressed
try and relax
it will take a couple of days for them all to catch up with the bank holiday.
If you have a court number and a receipt for the money, then yes you are BR ?
Not that it makes a lot of difference did you see the District Judge ? if so then you are BR from the second the DJ said the words.
If you did not see the DJ then it would have been awarded in your absence and the paperwork will follow
regards Richard |
| Stressed by BR - TP |
Posted - 06 April 2010 : 14:22:18
Nope, my name's not coming up. It is supposed to show immediately? |
| Jane.l |
Posted - 06 April 2010 : 14:07:56
I would say that you are bankrupt, search your name on here to confirm:
http://www.insolvency.gov.uk/eiir/ |
| Stressed by BR - TP |
Posted - 06 April 2010 : 13:45:01
I was told this would be posted out (not received today). I've also got a receipt for my money and a ref number |
| Jane.l |
Posted - 06 April 2010 : 13:42:44
you should have received the stamped bankruptcy order when you left the court, were you not given this? |
| Stressed by BR - TP |
Posted - 06 April 2010 : 13:36:38
Can anyone tell me, am I actually Bankrupt? My friends have asked me and I've had to say I really don't know, but probably. My appointment at the court was last Thurs, I've given my money and the petition was to be looked at by the judge to decide. I was told I'd get a call from the OR either today or tomorrow but will anyone else ring me to let me know the petition has been accepted or do I just presume it has? |
| Stressed by BR - TP |
Posted - 06 April 2010 : 13:32:32
Thank you Memphis56!!! Thank god for this forum!! |
| memphisd56 |
Posted - 06 April 2010 : 13:28:27
Hi, I was asked why i needed my car (value only £500!), the reason i gave was hospital visits. The O.R then asked if i needed it due to distance to the hospital, or medical condition....the correct answer was `medical condition`!.....Phew!!!.
|
| Daniel Griffiths |
Posted - 05 April 2010 : 19:24:31
You may find the mobile phone contract could be terminated by the provider. |
