| T O P I C R E V I E W |
| ratbag |
Posted - 06 October 2009 : 21:46:46
My wife and I have just lost a very expensive court case and have been lumbered with £40k of costs, we have tried to battle over the last 6 months but with all the other debt, credit cards etc I have had to say 'stop' as we are sinking fash and are juggling funds left right and centre to make ends meet and this is even before we have agreed to pay the £40k, in fact we cant, it has cost us £15k to correct an extension (which we have paid twice for after having the builders from hell!!) that the court case was over and we had to borrow this straight after the court case as it frightened us to death at the thought of what would happen if we didnt do what the court had ordered. I am on medication for depression and havent been able to deal with this for a long time and have spoken briefly to an IP who advised bankruptcy. As this has only just been told to us and we didnt even consider this before as we thought bankruptcy would mean losing our home and we have 2 very young childern. What can we expect, a good grilling from the Judge and OR as we have only just stopped using our cards thinking everything is going to be ok when it really isnt. We are really nervous wrecks about the whole thing, can anyone put our minds at rest, even just a little. |
| 15 L A T E S T R E P L I E S (Newest First) |
| Richard P |
Posted - 06 January 2010 : 16:08:01
Hi Topkapi
as a bankrupt you still have the protection of the law against harassmentand can obtain court orders.
If you are wanting to use it against a creditor, the courts will probably not act quickly and in your favour.
once BR the OR will write to your creditors and eventually they do stop calling, if not then contact your OR who will send out reminders of their obligations
As getting out of debt has stated that if it is a joint loan the creditor is fully entitled to chase the other party. (again the DTI have suggested guidelines that the creditors should follow)
If it is chasing a 3rd person who has nothing to do with the initial debt other than being a relative or freind of yours, that is a criminal offence please contact the local police ASAP, they will deal with it a lot quicker than a harrassment case.
hope this helps
regards Richard |
| gettingoutofdebt |
Posted - 05 January 2010 : 12:30:09
quote:
Originally posted by Topkapi.41
One of my creditors has suggested that he can pursue members of my family for the debt by going to their houses and asking them for the money. I've also been told that as a bankrupt your legal rights are removed and you cannot apply to the courts for restraining orders or take any legal action whilst bankrupt. Is this correct?
If any credit is taken out jointly then the debt will automatically pass to the person who is not BR. If the debt was taken out solely then it will be written off when you are BR.
As a BR your rights are not affected so there is no problem taking out a restraining order. You should also inform the OR of this creditor if the debt is not a joint debt. |
| Topkapi.41 |
Posted - 05 January 2010 : 10:38:18
One of my creditors has suggested that he can pursue members of my family for the debt by going to their houses and asking them for the money. I've also been told that as a bankrupt your legal rights are removed and you cannot apply to the courts for restraining orders or take any legal action whilst bankrupt. Is this correct? |
| Richard P |
Posted - 04 January 2010 : 22:25:10
Hi Steve
if you are considering a harrasment claim the police will want you to make a detailed diary of each contact, it will take a good 6 months as they will warn him off first and then proceed with gathering evidence.. In truth may not be worth your time ! (sorry)
Have you declared BR yet ?
Once BR The OR will also warn him off as you cannot give preferential treatment to one creditor over another.
Yes i have no doubt that he will contact the OR and tell them your every move and purchases. dont really know how to answer question or comment about new kitchen but i would speak to your OR and tell them the whole scenario including the buildings work and new Kitchen (if he is likely to aggravate the situation best to be open first)
The Judge and OR will be nice , yes they will want to know why you have purchased any goods once you have decided to declare BR but even if BR you still have parental responsibility to your children to be able to feed them
good luck and keep us posted
regards Richard |
| Housing |
Posted - 04 January 2010 : 13:49:10
Good luck Steve
A very Happy New year to you and yours - let us know how you get on.
Richard
"Life is generally something that happens elsewhere" (Alan Bennett - author and hero of mine!!) |
| ratbag |
Posted - 04 January 2010 : 13:24:16
Thanks Guys, yes it is included in the SOA. The police appear to be with us as they advised that if he continues to make a harrassment claim. I will inform the OR. Cheers. |
| Skippy |
Posted - 04 January 2010 : 12:34:50
I'm sorry to hear that you're still having problems ratbag.
I agree with Housing, you need to inform the OR. This person sounds like a troublemaker, and it would be better if the OR was forewarned.
Good luck x
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/
30 IPA payments made, 6 to go - the end is in sight! |
| Housing |
Posted - 04 January 2010 : 12:27:02
Hi ratbag
Sorry to learn of your problems with a creditor. But, I do wish you and yours a Happy new year. 
Is this creditor included in your SOA and therefore included as part of the BR? If so, the debt is contained with your bankruptcy as far as I can see from what you have said. In which case if all of the above, inform the ORs office and confirm it in writing.
On the harrassment issue are the police with you on this or have you got a real battle on your hands?
Whatever, happens, I hope that you win on both counts. Richard
"Life is generally something that happens elsewhere" (Alan Bennett - author and hero of mine!!) |
| ratbag |
Posted - 04 January 2010 : 11:59:30
Just when you think that you can see light at the end of the tunnel you get the disgruntled creditor that just wont accept the bankruptcy. He (neighbour who took us to court and won a case to get our extension wall moved 50cm and then wanted £42k costs) has even told the police that he is starting a case as we are BR and have had a new kitchen!!!! I have approached him to question why he cannot accept that it is over but he claims 'it is not over'so he reported me to the police. He is on the brink of having an harrassment claim against him (on the advice of the police) - I dont wont to bore you to death with the ins and outs but should I inform the OR of this?? |
| Richard P |
Posted - 17 November 2009 : 20:01:24
Hey Ratbag
really positive news well done
Ok you as a family can start planning for the future.
The OR still has the outside chance of calling you back for a 6 month review or contact you if they do not understand all of your application. you are duty bound to comply with the requests, they are not out to catch you out but check your application and clarify any points thay they do not fully understand.
having gone through a similar process dont you find that the phone has quietened down and the letters that come through the post start getting friendlier !
welcome to a debt free future
regards Richard
for the rest of the year or until you are Discharged |
| ratbag |
Posted - 17 November 2009 : 18:13:39
We had our telephone interview today and it went very well. The OR was a very nice and understanding lady, not what we thought she would be. My wife spoke first and lasted about 90mins but mine was 20mins. They have advised us that there will be no IPA and we have been told to buy the BI asap. It hasn't sunk in yet as it was different too what was expected. All we can do know is look to the future. Thanks to all that have posted. |
| gettingoutofdebt |
Posted - 14 November 2009 : 09:39:11
I am not too sure if there is a threshold but it will need to be worth the OR's time/effort to sell the property so I would say for £8k it won't be worth it.
Don't forget you should be asking for a quick sale valuation. Just tell the Estate Agent that you have a new job in another part of the UK and need to see the property quickly. This will reduce their valuation by a fair amount. |
| ratbag |
Posted - 13 November 2009 : 20:36:38
Well we had our first chat with the OR and our phone interview is next tues. I did speak to the OR again as i am unsure what will happen with our house. They said we will need 2 valuations (we have 1 recent one). After believing there was neg equity there appears to be a some but not a great deal, tops is about £8k, anybody got any input about this or is there a threshhold when the OR takes a real interest in a property. Advice would be appreciated. |
| Housing |
Posted - 05 November 2009 : 23:22:58
Steve,
I am so sorry that you have had so much go wrong - it makes me feel humble when I read postings like yours - even though it seems that my world and my families world has collapsed, it seems so insignificant to what you have gone through.
I really wish you well and hope that you keep your house - I look at this forum every day - if I am able to assist with suggestions, I will gladly do so
Take care of yourself and your family dear friend - thoughts are with you, Richard
"There are no problems - only solutions..." |
| frosie90 |
Posted - 05 November 2009 : 22:48:30
Congratulations on getting the court part done, Ratbag. I am sure the OR call will be absolutely fine. Good luck with it all. Will look out for your outcome. All the best.
Rosie
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