| T O P I C R E V I E W |
| confused01 |
Posted - 07 April 2011 : 16:49:48
Ok, I am still panicking!
We are going through the process of being checked for a rental house. If we don't get it we have decided not to try anymore. I am such a worrier and am concerned about:
1. We may have only been in our rented house a month or so before filing for bankruptcy, I am so scared that the OR will tell the landlord we are bankrupt and they will throw us out. I just can't seem to stop worrying about this.
2. Also, when we have got advice about finding somewhere to rent first and stop paying the mortgage, what do we do once we move into the rented accomodation. We have been told that we don't do anything the house would just get included in the BR. What about our utilities and council tax, do we just ring them and say we are moving and then the old bills get included in the BR. Concerned about the Council tax as I know that is always one you should always pay and they can get really nasty.
Help! |
| 13 L A T E S T R E P L I E S (Newest First) |
| Niobe |
Posted - 11 April 2011 : 16:56:25
I'm so sorry that you are having all these problems. Have you looked at social housing? Try your local housing association.
Double, double toil and trouble;
Fire burn, and cauldron bubble.
Jan
xx |
| confused01 |
Posted - 11 April 2011 : 14:58:40
well it looks like we cant go down the bankruptcy route and will have to continue to do the IVA and hope that my company are able to offer me some work even though I really really don't want to do it. We tried to rent a property and were turned down straight away, even with 6 months rent up front. It cost us £240 to be told no in less than 24 hours and we were up front about he IVA. They also refused our guarantor as they said he wasn't suitable, has two private pensions and owns his own house outright. How the hell we are going to manage in this tiny house for another 5.5 years I do not know! It has really scared us into realising we don't really have any choices in life anymore. Not a nice feeling, I also wish i had known it would be this difficult to rent before we did the IVA as we would have sold the house before starting it. |
| Bigal4787 |
Posted - 09 April 2011 : 00:10:58
Hi confused,
regarding your new rental property, the OR will not write to the landlord, all they need from you is a copy of the tenancy agreement, as if one wasn't in place then the OR would be liable for any claims if they arose, the tenancy agreement covers this.
The only time the OR would contact the landlord is if you weren't co-operating with the OR, and they needed to ascertain what type of tenancy it was.
As for returning the keys to the mortgage company, it may help to read this article to ensure you don't end up signing a deed of assignment/acknowledgement for the shortfall and arrears:
http://www.debtwizard.com/blog/general/617-repossessed-borrowers-sign-a-deed-of-acknowledgement-at-your-peril
Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.
If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
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| Niobe |
Posted - 08 April 2011 : 08:30:39
What a very supportive employer you have, it's nice to see.
You need to sit down and think this through carefully weighing up the pros and cons. Unfortunately the decision has to be yours and you need to decide which is the way forward.
If you need to move (which it sounds as though you do) then have a look round at local rental places to see is about. It may give you a starting point.
Double, double toil and trouble;
Fire burn, and cauldron bubble.
Jan
xx |
| fattypatty |
Posted - 08 April 2011 : 08:30:10
yes at the mo for my husband for ctax arrears not nice you just have to ignore the door knocking and under no circumstances have windows wide open or doors open or unlocked as they can then gain entry once in they are allowed to enter .
on sending our keys back to the mortgage company i contacted them and told them we had no choice but to send the keys back to them as we could no longer afford to live there i also gave them my new address and they sent me a letter to confirm things i sent the keys back to them by recorded delivery .
the only people we told of our new address was the mortgage company and if you are going to file for br as soon as possible then contacting your utility provider that you may end up with debts with isnt going to help thats why i included them in my br but i am no expert just trying to help and tell you how i did mine i was also a lot longet than you saving and getting mine sorted x
i think you also should contact who you have your iva with nad see how long you have to be in arrears with that for and if br is the path for you .
we had a company sorting all our debts out for us by an iva and if i rem right we had to be either 4 months or 6 months in arrears but please dont quote me on this ring up to find out .
the process of going into bankruptcy is scary but everybodys experiances are different some can file for it straight away some have to save for it as did we .
dont forget though for baliffs to call thats further down the road and if you are going to do yours as soon as you can then you should be ok .
i decided to do it because i didnt see an end to the debt we where in it wasnt an easy decission to make by no means but now i have im 100% glad i did we just have my husband to do now and just our luck the forms have changed and the fee has gone up by £25 .
i cant see why you wont be able to get your new house i hope you do my fingers are crossed for you and i hope you make the right decission i know what path i would take x  |
| confused01 |
Posted - 08 April 2011 : 08:20:19
We have spoken to an expert and our IVA company its just that this is all so new and we are still deciding if this is the best route to take. I am currently signed off work with depression after resigning but my company are trying to support me and there is the choice of going back to the company and trying to do a lower paid easier job that I may be able to cope with and stay in the IVA or to not go back and take the time out that I need and face bankruptcy. We are just stuck in this middle bit of not knowing which road to take and know that really we have only got a matter of a few days maybe a week to make up our minds. |
| Niobe |
Posted - 08 April 2011 : 08:03:57
You may not need the failure letter confused - ask at your local court whether it is necessary or not. If it is then get onto your IP and insist that they send you one out now.
You should have no problems with bailiffs at all confused, especially if you are up to date with everything at the moment.
Speak with your IP and discuss all of your fears with them, or speak to another expert and run everything past them. The initial advice will be free.
Double, double toil and trouble;
Fire burn, and cauldron bubble.
Jan
xx |
| confused01 |
Posted - 08 April 2011 : 07:50:38
thank you. Do you still get baliffs then at your new address? did you have to tell the council tax your new address. We are up to date with everything at the moment and hoping to move into new address if we get and if that is what we decide to do mid May. How do you hand the keys back to the mortgage company, where do you take them, our mortgage is with northern rock? we are hoping that as long as our failure notice for the iva is given to us straight away we will pretty much be able to go bankrupt as soon as we have filled in the forms and and we can get an appointment which i am told is about a 2 week waiting list. We are still not sure if this is what we want to do yet as it is all so scary. Do we try and continue on in our IVA for what looks like another 5.5 years and we can't stay in this house because there isn't enough space, my son and daughter are sharing a box room. I don't think we can wait 5.5 years to be able to move and even then we would have to go into rented anyway because we would have no deposit or anything. This is the hardest decision i have ever had to make in my life, i am scared to make the wrong one! Is it really that horrible going bankrupt, i think i am just terrified. |
| fattypatty |
Posted - 08 April 2011 : 07:26:07
hi confused i have just been declared br and on leaving our house and handing keys back to mortgage we had most of our utility bills included in our bankruptcy even some of our arrears from council tax allthough i am now br my husband isnt yet so the c tax falls into his debt until he does his brand they will hound him for it.
on leaving our house last year i took out a years subscription and had all of our mail redirected by royal mail its not too expensive and at least then if you do get bills for your old address and debt letters you can keep on track with them .
i havent had any problems including my utility bills on my br but the most nastiest one is the council tax one as you do get letters and baillifs visiting .
hope this helps you x fatty patty  |
| confused01 |
Posted - 07 April 2011 : 21:14:48
Hi there, thank you for coming back to me. We have already spoken to an expert but she didn't mention anything about an exemption code for the council tax or giving final readings and getting everything cut off. We are just finding out new things all the time and it is so worrying to think we could just do this all wrong and I need to make sure we get it right. What do we tell them when we call them, that we are just moving house and we don't know who is moving into the house? |
| Viki.W |
Posted - 07 April 2011 : 19:44:58
Hi Confused1,
1. I've not personally known of any of my clients who have been evicted after bankruptcy.
2. You need to phone the council for them to put you on an exemption code (very important), you will need to contact all of your suppliers/utlities, give final readings and cut everything off, also get your mail redirected (although this costs).
Have you taken advice? I suggest you contact an expert on here to chat through what you should do.
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
Please read my experience of debt via my blog at http://vikiw.blogs.iva.co.uk/ |
| confused01 |
Posted - 07 April 2011 : 17:34:32
Thanks Jan |
| Niobe |
Posted - 07 April 2011 : 17:20:20
Hi confused.
I've no idea about that I'm afraid - hopefully an expert will be along later to advise.
Double, double toil and trouble;
Fire burn, and cauldron bubble.
Jan
xx |
