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 Lump sums before going BR

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T O P I C    R E V I E W
synaesthesia Posted - 17 October 2008 : 23:06:39
Just a quicky further to my previous question

Have now just received £2500 from the government to cover owed wages and holiday pay from my last job with which went bankrupt.
£1000 of that will be paying for the BR for me and my wife leaving £1500 spare.
Would the OR see it as unreasonable if some of that was used to replace items that needed it?
£200 is already set to be given to my father in law for car repairs which got it through the MOT a couple of weeks ago, and my computer monitor and desk chair both desperately need replacing, the chair is almost as old as I am and gives us both bad backs and sore bums, the screen is very temperamental in turning on. I'd be looking at spending another £200 on those two items.
Another £200 to pay owed council tax (which I assume automatically is fine as it's a priority but not a debt due to failure to pay, just a cockup as they didn't have a clue what band to put us in) and get us up to date with utility bills (not in debt to any of them).
Would we get slapped wrists for any of that? Almost literally can't live without my computer.

Now, my grandmother gave us £500 to tide us over when I lost my job and we were in the deep do-do, although she's said she doesn't want it back I have full intention of doing so. She's a pensioner and isn't particularly well off, and I'd feel like absolute crap if I didn't at least give her something if not all of it back, the latter is the plan.
I'm guessing regardless of circumstance that may be frowned upon, however I'd rather face the wrath of a morally challenged receiver or any other official than see my grandmother go cold during the winter in a 400 year old cottage with 2 open fires as the only form of heat. Would that be acceptable would you think?

Please just chuck your opinions and thoughts at me, it may sound as if I'm trying to justify keeping as much as I can however there are things that need doing in order for a normal life to continue, and if things are left they could completely stop half way through our bankruptcy (i.e. my screen) with no way to replace it, leaving us quite literally unable to communicate with so many people/companies.

Thanks in advance, I know as usual this post is stupidly long ;) Humbly in your debt (ironically) for all the good advice so far.
14   L A T E S T    R E P L I E S    (Newest First)
tracy_b Posted - 18 October 2008 : 20:35:41
Hi Skippy,

I know, its very frustrating, but the OR officer said to expect 2 to 3 years as a maximum. I wouldn't mind but i handed him an isa that we had. If i'd have thought about it i would have spent that on buying a new 3 piece suite and a new bed!
Still i'm gratefull to be free of all the debt that we had.
take care
Tracy XX
Skippy Posted - 18 October 2008 : 20:22:11
I can't believe you're getting a BRU for that Tracy - it's hardly extravagant spending!

This sort of thing really winds me up - someone I know was spending up until they went BR, wouldn't (not couldn't) get a job so got no IPA and got early discharge. Tracy, you spend on essentials and will probably get a BRU - no consistency. Sorry, I'll stop ranting now!

Syn, this is just my opinion, but I would pay my grandmother back if I were you.



Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.

View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
tracy_b Posted - 18 October 2008 : 16:05:01
Hi Syn
I did keep the hoover that blew up just in case he wanted to see it, and i did write on the SOA exactly what we spent the money on. in total it was about 690 for br x2 54 for hoover, kids a-level resits 72, 215 for not using credit card for food shopping for 4 of us,and 61 for cats flea and worming stuff. Hardley extravagant but its earning us a BRU/BRO. I have been totally truthfully to the OR and like Jo i would worry constantly that i would be found out. Honesty is always the best policy.

Tracy XX
Needafriend Posted - 18 October 2008 : 15:53:03
Hi Syn

I would not worry, pay your gran back i know i would, i would buy your essential items as they are needed esp with a little one.

I did not mean to frighten anyone just wanted to explain how the OR process works a bit.

I think though you will be fine, as i said i know i would pay my gran back and every penny.



Take Care

Jo x

Please visit my blog for info on how I got here and other information to guide you through from my experience called:

"Needafriends Links and added info on Bankruptcy!" available to view at:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Needafriend Posted - 18 October 2008 : 15:50:26
Hi No Tracy

Its ok the chances are NO the OR wont make you get the money back or take goods back to the shop, YES they may if they think it warrants it give a BRU but i just had to make sure that people are aware of the implications that could happen.
I think really it would have to be an awfull lot of money and a really unkind OR to ask for the money back from Syns grandma, but the OR does have a right to overturn certain transactions if they see fit.
That could also include say selling your car 3 months before but to a mate for undervalue, the OR could then ask about it and overturn it and get monies back.


Take Care

Jo x

Please visit my blog for info on how I got here and other information to guide you through from my experience called:

"Needafriends Links and added info on Bankruptcy!" available to view at:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/
synaesthesia Posted - 18 October 2008 : 15:49:17
Spot on, as I said I don't intend on being untruthful - the bankruptcy's main plus for us is a fresh start for our son. I'd have been very worried if, as in Tracy's case they arranged a BRU for the sake of a replacement hoover - it's an essential household item and if it needs replacing, it needs replacing. Holding that against someone would be morally wrong, but then again morals seem to have little cause these days :(

Thanks for all the input by the way, it's muchly appreciated as always :)
tracy_b Posted - 18 October 2008 : 15:45:37
Sorry Jo,
I didn't realise that the OR could make people take things back to shops or get money back from relatives etc. I think cause the amount we spent is roughly the same as syn wants to pay his grandma back ( about 500 )i just thought it would be the same scenario as us with the BRo/BRU.
Appologies to all.
Good job i refused the expert status! LOL
Tracy XX
Needafriend Posted - 18 October 2008 : 15:38:03
I agree with you Tracy that Syn's gran should have her money back, i was just making sure that people are aware of how the OR may see it.

Like you have pointed out a BRU/BRO could be possible but also remember that the OR has the powers if they see fit to overturn such transactions, but from my understanding it would have to be a lot more than that.
The question was asked and i have to answer to the best of my knowledge, its no good making something up as its better to say about the worst case scenario.
The OR may not even bother but if you dont know how the OR may see it and what could happen then we could all say and do what we liked before BR and just think, oh well so what, it does not matter.
The OR will not put you on trial but you have a duty to inform them when asked and also not to keep things from them, they will find out so i feel its better to be up front before and not find yourself in a panic when you had not put something down.
Does that make sense, im not here to judge, purely to give advice and that is exactly what i did, the truth needs to be known. I am a worrier and i would have told the OR as i cant just do something without thinking i would get found out, but thats me.
LOL

Take Care

Jo x

Please visit my blog for info on how I got here and other information to guide you through from my experience called:

"Needafriends Links and added info on Bankruptcy!" available to view at:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/
synaesthesia Posted - 18 October 2008 : 15:33:43
At the end of the day I'm not interesting in defrauding anyone - my interest is merely in making sure we can get through the year without issue, that my nan is comfortable through the winter and ensure our baby isn't going to go without.
Spoke to Abbey today, they would do a basic account but only after we've gone BR and it would be very basic. They are fine with the trust fund account though, I think it would be reasonable to put what is owed to our baby in that trust fund. At least that way it's not ours to lose or misuse.
Also spoke to Co-Op very briefly, explained the situation, would like a joint cashminder account and going bankrupt in the next 2 weeks - was told it'd not be a problem but best do it on the day we go BR - that way it won't get frozen and it'd only take a matter of 2 days to be entirely up and running. Bonus! I think Julian touched upon something in another thread that it's good to see a bank still looking after it's customers with good service, and after all the crap we've dealt with from Lloyds and Barclays recently as well as our creditors, it was refreshing to firstly get the phone answered without pressing numbers for half an hour, and answered by a very polite, very helpful human being!
tracy_b Posted - 18 October 2008 : 15:30:32
Hi S,
Just thought i would throw my comments in. Just gone BR last week and had OR interview. We spent a little bit of money on BR fees, a new hoover and other odds and ends, from a small savings account that we still kept. The OR is saying that we will get a BRU/BRO because that money should have been kept to pay the creditors. In a panic, i posted on here asking what a BRO.BRU is and have been reassured that its just a form of extending the restrictions of BR to anything from 2 to 15 years. As i dont intend to get credit ever again or become a judge or m.p etc, it doesn't bother me now.

Providing your ok with the above( just in case )i would happily give your Grandma the money back. Just my thoughts though ,

Good luck
Tracy XX
Needafriend Posted - 18 October 2008 : 15:16:46
Hi Syn

I should not say this but you could get round it i suppose, by not saying that you gave back a lump sum to your gran.

There must be another way that you could say you spent the funds, like i said i should not say that as i can see where your coming from but you must also see where the OR has a right to know before BR what any funds were spent on if they feel they should know more.



Take Care

Jo x

Please visit my blog for info on how I got here and other information to guide you through from my experience called:

"Needafriends Links and added info on Bankruptcy!" available to view at:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/
synaesthesia Posted - 18 October 2008 : 14:53:39
Yeah it makes sense but if anyone will deny that money to a frail old lady that needs it, I'll slap them and suggest they grow up! ;)

these are all essential thongs so shouldn't be an issue.
Needafriend Posted - 18 October 2008 : 09:37:57
Hi Well technically yes you can spend it on what you like, but delboy yours was last year that you did your spending and syn this is close to you going BR so you need to tread carefully.

Whilst the OR will allow essential items, a washing machine, food, carpet, somethings could be frowned upon and so thought needs to be taken when you do this.

As for your gran that could be deemed as preferntial treatment and the OR could infact turn it around so you do need to think carefully how you are going to do this.

Does this make sense?

Take Care

Jo x

Please visit my blog for info on how I got here and other information to guide you through from my experience called:

"Needafriends Links and added info on Bankruptcy!" available to view at:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Delboy Posted - 18 October 2008 : 00:05:39
Hi Synaesthesia,

If I where you I would do excatly as you want with the money, to be honest my wife and I spent much much more that that last year, we both went BR this year, the OR most probably won't ask about it, and if they do just tell him/her what you did with the money, I very much doubt that you will get any hassle from them.

Regards

Delboy

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