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T O P I C R E V I E W
Janey
Posted - 11 October 2011 : 18:17:44 Hello I attempted to go bankrupt 3 weeks ago however the advice from CAB was incorrect and I didn't have enough money with me. I have been ill since April but get contribution based ESA so therefore am not exempt from court fees of £175. My income is £65.50 to live on and £273 per month housing allowance although my rent is actually £300 per month. This is all of my income and I struggle to manage, somedays I actually don't eat. Will I be able to apply for exemption of court fees under any of the other options on the forms? My other question is regarding bank accounts. In anticipation of going bankrupt I did as advised and opened another account with Barclays and had my ESA and housing benefit re directed to it. Do I declare this account because if they freeze that one as well as the previous one I will not be able to ask for my money to be paid into it. I thought I was doing everything right and it would be over by now but am confused again.
regards
Helene
2 L A T E S T R E P L I E S (Newest First)
Janey
Posted - 12 October 2011 : 14:09:48
quote:Originally posted by Janey
Hello I attempted to go bankrupt 3 weeks ago however the advice from CAB was incorrect and I didn't have enough money with me. I have been ill since April but get contribution based ESA so therefore am not exempt from court fees of £175. My income is £65.50 to live on and £273 per month housing allowance although my rent is actually £300 per month. This is all of my income and I struggle to manage, somedays I actually don't eat. Will I be able to apply for exemption of court fees under any of the other options on the forms? My other question is regarding bank accounts. In anticipation of going bankrupt I did as advised and opened another account with Barclays and had my ESA and housing benefit re directed to it. Do I declare this account because if they freeze that one as well as the previous one I will not be able to ask for my money to be paid into it. I thought I was doing everything right and it would be over by now but am confused again.
regards
Helene
Blackie
Posted - 11 October 2011 : 23:51:05 Hi Janey
I am sorry to hear of your predicament. Unfortunately there are strict criteria for claiming a fee remission of £175 and these are:
1. you or your partner receive Income Support. 2. you or your partner receive Pension Credit guarantee credit. 3. you receive Income-based Job Seeker’s Allowance. 4. either • you receive Working Tax Credit with a 'disability element' or 'severe disability element'; or • you and your partner receive Working Tax Credit and Child Tax Credit between you.
If you are not on any of the above benefits, you may still be eligible to pay the full bankruptcy fee and claim £175 refund based on your low income.
I trust that you were advised to open a basic bank account as that will be all that you are allowed to have. Barclays may freeze your account on bankruptcy as the Official Receiver has an obligation to write to your bank and tell them of your situation. However you should be able to get the account unfrozen by explaining the situation to the OR. It could be worth thinking about opening a cashminder account with the Co-operative bank and tell them that you are making yourself bankrupt. As a result, they may not freeze your account on receipt of notice from the OR.
I trust that this helps and please come back with further questions which I am sure can be answered on the forum.
John Blackadder Bankruptcy365
For help and advice on the easiest and most effective way to a debt free future, please go to www.bankruptcy365.co.uk.
