| T O P I C R E V I E W |
| acm |
Posted - 07 February 2009 : 14:45:59
Hi Everyone
I am a little concerned as after taking advice from a lot of people I have made the decision now to go BK. However, I need serious advice as to where I live and how it will be viewed.
I have been with my partner for over 5 years now and up to June last year we lived in her house which was owned soley by her. Due to financial pressure we sold up, settled the mortgage and moved to a holiday park which only has a license for 46 weeks occupancy. The other six weeks are spent off the park in rented accommodation (where we are now). Since June, we have had our mail sent to her works address which is a small shop and employs one other person. It is also rented. My partner pays the Council Tax on the shop but no one lives there. We do not pay council tax for the caravan as it is not a residential park. Can someone please advise me what I put down for my current permanent address? |
| 14 L A T E S T R E P L I E S (Newest First) |
| acm |
Posted - 09 February 2009 : 14:33:30
Sorry I have not replied earlier.
Thank you all for your advice. I think the decision will lie with the OR as to where I live. All I can do is tell the truth but I think I will ask for the OR to use the Holiday park address if they will.
Just on a moral ground. I know I do not have to justify myself but the holiday park we are on is one purely with lodges and caravans on and not theme parks etc and is set in the countryside. We do however pay nearly £2,000 pounds ground rent to the owner which is far more than the local council tax and we are totally self sufficient on the park as well.
Anyway, thanks again. |
| Niobe |
Posted - 07 February 2009 : 19:25:10
Thanks for clearing that up Melanie.
The glimmer gets brighter all the time |
| Melanie.n |
Posted - 07 February 2009 : 18:10:30
Just to clear things up - the coucil tax quote is irrelevant due to the fact that many people go bankrupt who do not pay coucil tax - people still iving with parents, lodgers etc this does not stop them filing for bankruptcy stating their 'home' address.
What the forms and OR need to establish is the place of residence, in this case the place of residence is the Holiday Park, but as they have a seperate address for post (c/o the shop) this would have to be stated to the OR as the bankruptcy description which is needs to be advertised in London Gazette, local paper etc would need to show address where the individual(s) are known from their creditors perspective.
Hope this clears things up
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
01446 711780
melanienicholas@jonesgiles.co.uk |
| Niobe |
Posted - 07 February 2009 : 17:48:22
Very confusing!
The glimmer gets brighter all the time |
| Melanie.n |
Posted - 07 February 2009 : 17:44:27
I would have said so, as for the majority of the year it is the 'home address', but the OR would probably add to the 'description' the c/o address, as this is where they are 'known as from'to the creditors, as it is where post is sent to.
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
01446 711780
melanienicholas@jonesgiles.co.uk |
| Niobe |
Posted - 07 February 2009 : 17:16:32
So presumably then Melanie, if you are living in this accommodation for all but 6 weeks of the year, would it be counted as a permanent address, after all, you will be returning there after 6 weeks staying elsewhere.
The glimmer gets brighter all the time |
| Melanie.n |
Posted - 07 February 2009 : 16:32:23
Hi there
did not realise you only had 3 weeks left in present rented accommodation in that case use your Holiday Park address for the forms, but mention to the OR when you have your tel meeting that you have all post sent to the shop address. If that is the address you ise for correspondence it should be quoted in your 'description' that the OR advertises - it need not be the shop name just c/o ...the postal address of the shop
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
01446 711780
melanienicholas@jonesgiles.co.uk |
| RHB |
Posted - 07 February 2009 : 16:31:26
But a holiday park isn't a permanent residence,, hence you don't pay council tax? |
| Niobe |
Posted - 07 February 2009 : 16:14:45
I would put my parents for the simple reason that the halls would be a temporary residence for a few weeks a year, but this holiday home appears to be (apart from 6 weeks a year) their permanent residence, so I would have thought that it would be ok.
The glimmer gets brighter all the time |
| RHB |
Posted - 07 February 2009 : 16:10:05
I don't know. If you were a student would you put the halls of residence address down or your parents? |
| Niobe |
Posted - 07 February 2009 : 16:06:46
If that is where he is going to live for the next 10 months or so, why shouldn't he be able to put that down? Is there a stipulation that you have to pay council tax for it to be considered your address?
The glimmer gets brighter all the time |
| RHB |
Posted - 07 February 2009 : 15:55:47
But if you're not paying any council tax there can it count as an address, possibly not? |
| acm |
Posted - 07 February 2009 : 15:22:45
Hello Melanie
Thank you for you reply. I am a little confused. The temp address where we are at the moment is a holiday cottage and we are only there for another 3 weeks when we move back to our holiday home for the next 10.5 months. Therefore there are only 2 addresses to consider, the holiday home or the shop my partner rents. All my creditors have the shop address on their records. However, my debts have nothing to do with my partner as they occurred prior to meeting her. Her business could suffer if that address were published as my main domain and I dont think her landlord would be too chuffed either. Therefore, I think I am ultimately asking if I should really give the lodge on the holiday park as my address on any paperwork with the BK papers. Please advise if you can. Many thanks. |
| Melanie.n |
Posted - 07 February 2009 : 14:56:05
I would quote your present actual address (temp rented address) on the forms but the OR may wish to include your Holiday Park address in any description which is used, this can be discussed with you when you have your telephone meeting with the OR. (when a BO is advertised it will normally state names including any former names current address and if recent changes of address, formerly of...)
Hope this helps
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
01446 711780
melanienicholas@jonesgiles.co.uk |
