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| T O P I C R E V I E W |
| carl |
Posted - 20 August 2010 : 10:10:22
Hello
I am just after some quick advice and reassurance before Court next week with regards to the following points:-
1) CoOp Cashminder Bank Account – I opened this account last month ago and now my salary is paid in to it. I have set up to pay all my utility bills via Direct Debit and my first set of direct debits will go out next week. Should I include this account on my SOA form and run the risk of it being ‘frozen’ or should I inform the OR over the telephone when he/she calls? I don’t want to seem like I am hiding anything and the last thing that I want is for the account to be frozen!!
2) My House – Currently I have a mortgage of 73k and secured loan of 22k on it. My house is valued at approx 80k-85k tops. It is my intention to keep the property if possible. I can afford the loan and mortgage payments no problem, it’s just the amount of unsecured debt that has got me into this mess. If/when the courts declare me bankrupt next week, do I have to inform my mortgage provider and secure loan company that I have been declared Bankrupt and that I want to continue to pay my monthly payments to them of should I just let the OR do this?
3) I do not owe any of my Utitity providers any money. If/when I am declared Bankrupt do I have to inform Gas/Elec/Water etc or should I continue to pay as normal?
4) Does anyone have the figures that the OR allows for living expenses and utility bills or is it just assessed on an individual basis? I am trying to work out what my disposable income is after bills and I am not sure all of the things that I am able to claim for? Hope this point makes sense. My household outgoings are as follows:-
£244.50 Secured Loan
£414.00 Mortgage
£150.00 Maintenance (not through CSA but shows as maintenance on Bank Satement)
£20.00 School meals from September for my daughter
£46.00 Gas
£25.00 Electric
£77.00 Council Tax
£25.00 Mobile Phone
£31.00 House Insurance
£32.00 Car Insurance
£10.00 Daughter Child Trust Fund Contribution
£17.36 Water rates
£50.00 Life insurance/unemployment cover
£1,142.00 Total outgoings
Gross monthly pay £2,200.00
Net monthly pay is approx £1,500.00
5) Any advice for Court
Thank you in advance of any replies. |
| 7 L A T E S T R E P L I E S (Newest First) |
| gettingoutofdebt |
Posted - 24 August 2010 : 14:48:24
Bad news about the court date but at least they called you so you didn't end up going to the court for nothing.
For 6.27 I just completed my name and address details and left the rest. When the BR Clerk took a look they crossed pretty much everything else out and then I signed the form in front of them.
Make sure you don't sign the forms until you hand them in as they need to be signed in front of the BR Clerk. |
| carl |
Posted - 24 August 2010 : 10:47:30
Hello all
Well I was due to go in to Court today at 10.00am but I got a phone call at 9.15am this morning telling me that the person I was due to see has phoned in sick and there is no one else free to see me!! My appointment has now been change to this Friday at 10.00am - Nightmare so another few days of worrying and sat looking at my folder with all my paperwork in it!!
If can can ask another question relating to form 6.27 debtors petition. The more I read this form the more it confuses me. Page one is clear and straight forward ( I have only been known by one name and lived at one address)
From part F downwards do I have to fill in any details on this form other then right at the bottom where it asks for my name and to sign it? |
| moodybluetwo |
Posted - 21 August 2010 : 09:31:56
Two things I would recommend...be honest...and listen to advice. I did and as yet have had no problems. I was treated fairly and in a non-judgemental way by all the court officials. I took advice about the bank account ( Coop) and told the OR on the day of bankruptcy ….no problems here. |
| Julie |
Posted - 20 August 2010 : 22:30:47
Just wanted to wish you good luck 
re: bank account, the OR can advise its not to be frozen, but the overall decision is down to the bank. If theu do freeze your account, the OR can order the release of monies to you.
In our experience the Co-op are great |
| Richard P |
Posted - 20 August 2010 : 13:23:50
i found that phoning the bankruptcy clerk and asking the process a great help. including local car park.
What court are you going to ?
re expenditure their really is not an exact answer, you put down what you use, my wife and I (both had to go bankrupt) were allowed a work related car.
on my wifes expenditure the OR reduced a couple of items but when the trustees reviewed my file they increased my allowance for other items.
try and relax the best you can the day will fly by and you will question yourself why you were so worried
good luck Richard |
| Skippy |
Posted - 20 August 2010 : 12:06:59
I can't add anything to Gettingoutofdebt's post, but I wanted to wish you luck for next week x
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
| gettingoutofdebt |
Posted - 20 August 2010 : 11:48:50
Hi,
1. Inform the OR over the telephone as this will ensure the account isn't frozen. I did this and there was never any doubt from the OR that I was trying to hide something. The day you are declared BR you will probably speak with the OR's Assistant and they will want to confirm your name/address details and they may ask you there about your bank account so you can tell them about the Co-op Cashminder account.
2. Let the OR do this. Provided you can keep up the repayments the mortgage/secured loan companies shouldn't have a need to be concerned or contact you.
3. Just pay as normal. There is no need to contact the utility companies and if you do tell them you are BR it may cause problems.
4. The utility bills are assessed on a case by case basis. If the OR does disagree with any of the figures as they feel they are high you only need to provide them with some recent utility bills.
£150.00 Maintenance (not through CSA but shows as maintenance on Bank Statement)
The OR may want confirmation from your ex-wife/partner that you pay this amount in maintenance as this isn't through the CSA.
£10.00 Daughter Child Trust Fund Contribution - You won't be able to claim this as an expense and it will need to come out of any disposable income you have.
What about:
TV licence - £12 per month
Housekeeping including food/cleaning - £200 is normally allowed for a single person
Clothing - £40 for a single person
Haircut - £10 per month per person is allowed
Dry Cleaning - £10 per month if you need your work clothes dry cleaning
Dental/Medical - £10 per month is ok unless you have on-going dental/medical costs
Domestic Holiday - Not always allowed but you can put down £30 and see if the OR allows it or not
You have put car insurance so do you need your car for work? If so, then you can also have:
Travel to/from work (petrol) - Whatever you spend
MoT/Servicing - £25 is a fair amount unless your car is in need of a lot of work
Breakdown cover - Whatever you pay
Road tax - Whatever you pay
If you don't need your car for work then the OR may well take it off you even if it isn't worth a lot and sell it to provide funds to your creditors. Also you are only allowed a car worth less than £2k as a BR.
5. This depends upon which court you go to. Some you just turn up at an appointed time and are in and out in a matter of minutes. In others you hang around for a few hours. If it is the latter then take a book and some change for a drinks machine that will normally be in the court waiting area. |
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