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| T O P I C R E V I E W |
| Sarah.12 |
Posted - 25 October 2010 : 16:51:27
Can someone check my SOA please?
rent 675.00
gas 100
elec 100
water 90.00
food 580.00
fuel 100.00
tv lic 12.00
mobx2 60.00
house ph 30.00
clothes 50.00
nursery 520.00
hair 35.00
work trav 160.00
car ins 35.00
council tax 100.00
car tax 10.00
servicing 10.00
school activities 10.00
house ins 18.00
dentist 10.00
meals @ work 60.00
My rent is normally £625 but £1000 in arrears and don't want to include that in my BR. I have an agreement with my landlady to pay extra £50 a month, will the OR accept this? Also in arrears with nursery fees but need to keep my sons place open while I work so need to keep paying the arrears on this and also don't want to include this in BR.
I am currently in arrears with my gas and electric and don't have an agreement to pay this off, will this be included in my BR? I would like to pay this, was going to offer £200 on each per month to cover current and previous charges.
I am completing my forms tonight so need to know answers before I do. |
| 5 L A T E S T R E P L I E S (Newest First) |
| Bigal4787 |
Posted - 26 October 2010 : 12:47:35
Hi Sarah,
the way you have to look at the utility arrears, is that as of the date of your bankruptcy order, the arrears on them will then be claimed in bankruptcy(which is why you should include the arrears on your list of creditors), which will effectively reset your balance to nil(0) and you won't have to pay the arrears, you will then only have to deal with the normal monthly/quarterly bills thereafter.
With regards to your rent, the reason you can continue to pay off the arrears, is that a court case in 2006/7 decided that if a tenant included rent arrears in bankruptcy, then the landlord could apply to evict the tenant, which is why paying off rent arrears is a priority debt, as if you didn't there would be a possibility of losing your home.
Hope this helps
Big Al |
| Sarah.12 |
Posted - 26 October 2010 : 07:56:36
Thanks for that Big Al.
I only have my tenancy agreement from when I first moved in this house, it ran out in October 09. My landlady is living in Australia.
I don't quite understand what your saying about the utility arrears? Am I correct in thinking they will be included but we still have to pay them?
Sorry for sounding dull but I want to get things right.
Sarah |
| Bigal4787 |
Posted - 26 October 2010 : 00:54:35
Hi Sarah,
Your income/expenditure looks fine, however be prepared to provide bills to show actual electricity/ gas/ water expenditure, some examiners will be happy with your SOA, some may want to see copies of bills.
As for rent arrears, even though bankrupt, up to 6 months can still be pursued by landlords/local authorities, so creditors can't complain.
The reason you have to show a tenancy agreement, is not only to show that you are paying rent,but also that in the event of something going wrong, i.e. a third party making a claim against you arising from the property,the third party could make a claim against the OR for damages. By showing that a tenancy agreement is in place, satisfies the OR, that a third party could not make claims against the OR.
With the utility arrears, any amounts owing up to the date of the order will be claimed in bankruptcy, but you will still be liable for them after the date of the order. The utility companies will be able to work that out once they know the order date.
Big Al |
| debtinfo |
Posted - 25 October 2010 : 17:51:57
Most OR's will allow you to pay the rent arrears.
The nursary fees and the gas and electricity will be included in the bankruptcy so you wont be paying these back afterwards
As regards the rest if thats what you actually pay then thats what you sould put down |
| Sarah.12 |
Posted - 25 October 2010 : 17:08:27
Just to clarify, in my household there is me, my husband (also petitioning for bankruptcy), 17 yr old son and 4 yr old daughter and 2 yr old son....
Income is £2723, so don't even earn enough to cover the basics...
The forms are asking for a copy of my rent agreement of my house which I don't have as it wasn't renewed as my landlady is now living in australia, will my bank statements be proof enough of the rent I pay?
Sarah |
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