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| Sarah.12 |
Posted - 24 October 2010 : 22:17:48
Hi, I am concerned about the gambling question on the BO form, I was an online bingo player, and my bank statements show this, this wasn't the cause of my debts initially, I did try to get some money back from these online sites to pay off some of my debt. I got behind with payments on my gas and electric and am now (only recently) paying extra on these to pay my arrears. Will I be allowed this in my SOA? Will my BO application be rejected on the account of my gambling? I'm really worried about this as my parents are paying for both me and my husband to apply for BO. |
| 13 L A T E S T R E P L I E S (Newest First) |
| Sarah.12 |
Posted - 27 October 2010 : 17:30:35
My husband has spoken to the CAB today and they advised him to ring the council and tell them of our appt with CAB on Monday quoting the gentlemans name we are seeing, he did this and they have said they will stall the bailiff calling back again for 2 weeks, we are to advise them if we need longer. We haven't told them of our plans of BR so hoping that we can include that debt in with the bankruptcy, I will not let anyone into my home until this is all over and I know where we stand.
Thanks for the explanation xmas baby, it does help me understand a bit more :)
Sarah |
| xmas baby |
Posted - 27 October 2010 : 09:54:19
Hi Sarah,
A BRU or BRO is a bankruptcy restriction undertaking or order, which is usually imposed on the individual if their bankruptcy is seen as a result of reckless spending (ie. gambling, etc). This can range from 2 - 15 years and extends the restrictions you receive when you are bankrupt. To be honest, unless you are looking at becoming a company director or council member, then it really doesn't affect the individual much. It is basically a slap on the wrist for being naughty. Although saying that, I am glad I didn't get one as I just didn't want my bankruptcy hanging over me for longer than the year I was officially bankrupt. If you end up having an IPA, this would not be affected at all whether you have a BRU or not.
xmas baby |
| Bigal4787 |
Posted - 27 October 2010 : 00:54:05
Hi Sarah,
do you know if the bailiffs will be acting as a result of a court order, or are they being sent by the council tax dept in an effort to force you into something that you can't afford?
If a court order, then in virtually all cases they are entitled to enter your home, but only in limited situations (such as eviction orders) , are they entitled to break down external doors or force their way in. They can, however, climb through unlocked windows and break down internal doors and may put pressure on you to invite them in, but they cannot force their way in.
If the bailiffs are employed by the court following a judgment debt they can seize any goods or possessions belonging to you but cannot seize anything needed personally for your job – for instance, tools, books and vehicles – or used for basic domestic needs, such as clothing, bedding, furniture, household equipment and food. Therefore they could take things like, TV's, X Box consoles and the like, but not anything that doesn't belong to the debtor.
Big Al |
| Sarah.12 |
Posted - 26 October 2010 : 23:10:50
So do I try and put the bailiff off coming into the house until the BR is in place? Or do I tell him what our plans are? Please someone I really need advice on this, i'm worried sick :(
Sarah |
| debtinfo |
Posted - 26 October 2010 : 18:45:11
Thats right xmas baby as long as they have not alread taken a walking possession. IE once they have been in once to detail goods they can force entry when they come back to collect them |
| Sarah.12 |
Posted - 26 October 2010 : 16:21:11
Hi xmas baby
Can you please advise what a BRU is please?
Thanks
Sarah |
| xmas baby |
Posted - 26 October 2010 : 15:49:32
Sarah,
I was under the impression that bailiffs could not legally force themselves into a property. If a window is left open, they can gain access that way, but if they bash down the door or forcibly open it, then they are breaking the law. Can someone please confirm this?
xmas baby |
| xmas baby |
Posted - 26 October 2010 : 15:46:34
Hi Sarah,
I too had gambling debts when I declared bankruptcy and I was very worried about the reaction I might get from the OR. However, even though I stated it on my SOA and it was mentioned in my telephone interview, I did not get any bad reaction from the OR's office, although she did mention that I could get a BRU. In the end I didn't even receive a BRU, which I thought I might have got. I did attend counselling, so whether that was looked on positively, I don't really know. My gambling debts were quite a bit higher than yours, so I wouldn't think you have a lot to worry about. Best to be up front and let them know you are tacking the problem (if you do indeed have one?)
xmas baby |
| Sarah.12 |
Posted - 26 October 2010 : 15:39:32
Thanks Big Al,
This comment about the bailiffs was me having a nightmare/bad dream about it, but the reality came true today! I spoke to my husband while I was in work and he said we had a visit from the bailiffs today to pay back the arrears on our council tax from last year, we haven't long paid them off for the previous years council tax, just seems like a vicious circle, we pay the bailiffs so can't afford to pay the current one and it all starts again. My husband managed to put them off until 4th November when he said he will come in and have a chat, my husband will be at work that day, what i'm afraid of is the bailiff making a list of items for walking possession and after the bankruptcy they come and take the few items we have. Will this happen? I need advice on what to tell them, do I tell them the truth (we should have a date for court on Monday) or do I let him make a list? Please advise.
Sarah |
| Bigal4787 |
Posted - 26 October 2010 : 13:57:32
Hi Sarah,
Regarding your gambling debts, at £1,200 the OR will not be unduly worried about that level. At the OR's office that I worked, if the total was 5% of the total debt, I would consider it, but generally it would have to be a lot higher, and would have to have contributed significantly to the losses. So yes disclose it, but the court won't stop the order because of it.
I think the other issues around utilities etc. were answered in another of your posts, regarding your SOA.
Sorry to hear about the bailiffs, did they have a warrant to enter your property, and did they use a locksmith, basically what they do is legalised burglary!
Big Al |
| Sarah.12 |
Posted - 25 October 2010 : 01:38:41
I have just woken after a nightmare of bailiffs breaking into my house while i'm on my own with my 2 young children, I can't deal with this anymore!
My rent on my house (private rented) is £625, have arrears of £1000 which I do not want to include in the bankruptcy as I don't want to leave here, would rather pay it off, have agreement with landlady to pay extra £50 per month... Will I be allowed to continue this? Also the BO petition is asking for a copy of my tenant agreement or rent book, I have neither. My landlady lives in Australia, when the original tenancy ran out, we both decided we didn't need another one as I have known her a long time and the hassle of getting one due to the distance between us was too much. Will my bank statements be enough to prove how much rent is paid each month?
Sarah |
| Sarah.12 |
Posted - 24 October 2010 : 22:31:12
Even my current gas and electric arrears will be included? I am also behind with council tax, I prioritised on all the wrong debt to pay.. I have an AOE with last years council tax and was also taken to court for this years arrears... I think in all it's about £1500 lost to gambling over the last 2 years. I also had to cancel my home insurance as couldn't afford to pay it but really feel like I should have it as I have 3 children, would I be able to set this up this week before putting my application into the court?
Thanks for your prompt reply
Sarah |
| debtinfo |
Posted - 24 October 2010 : 22:21:37
your appliction will not be refused for those reasons. Also the Gas and elec arrears will go into the bankruptcy.
How much do you think you have lost over the last 2 years to gambling |
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