| T O P I C R E V I E W |
| caroline.cn |
Posted - 07 December 2009 : 10:01:42
i'm thinking of voluntary bankruptcy. i lost my job 6 months ago and am now on income support. i have bailiffs knocking on my door demanding money here there and everywhere and my car is now clamped on my drive! i only receive a small amount of money and see bankruptcy as my only option of escape from these people. what i need to know is if it is correct i can never hold a personal licence and run a pub if i do this? |
| 15 L A T E S T R E P L I E S (Newest First) |
| charlie44 |
Posted - 09 December 2009 : 12:10:45
Thanks Daniel..
Life`s Tragedy is that we get old too soon
and WISE too late! |
| Daniel Griffiths |
Posted - 09 December 2009 : 10:25:32
Thanks Charlie you beat me to it you are on the money on this one. |
| charlie44 |
Posted - 09 December 2009 : 09:18:28
This is taken from the IS tech manual, and if I am reading it right a fixed penalty charge issued by a local authority is not classed as a fine!
40.22A Penalty Charge Notices (frequently referred to as “fines”)
Fixed penalty notices or penalty charge notices issued on behalf of a local authority, including those in relation to the London congestion charge, are not fines for the purpose of section 150 of the Magistrates Act 1980. They should be treated as provable debts and will be released on discharge from bankruptcy. This is applicable to the majority of parking fines.
Hope this clears this up..
Life`s Tragedy is that we get old too soon
and WISE too late! |
| Niobe |
Posted - 08 December 2009 : 21:01:24
I would have thought that a fixed penalty charge was classed the same as a fine and you would not be able to include it.
I wouldn't think that fines etc could be included in a DRO either.
The glimmer gets brighter all the time
Jan
xx |
| Skippy |
Posted - 08 December 2009 : 20:58:42
I felt quite nostalgic talking about the court service! It's a long time since I left, but it was a brilliant (if poorly paid!) job, but sadly now I've been BR it looks as though I could never work in the court service again.
Good luck, and please keep posting 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/
29 IPA payments made, 7 to go - in single figures! |
| caroline.cn |
Posted - 08 December 2009 : 20:43:57
thank you so much. will give you an update! feel much more confident knowing peeps like you are willing to help! :) |
| Skippy |
Posted - 08 December 2009 : 20:41:48
I used to work in the court service, but it's a while ago! Give the court that issued the fines a call, and they should be able to advise you. You can find the contact details on HMCS website - http://www.hmcourts-service.gov.uk/HMCSCourtFinder/
I can't guarantee they would be able to give you time to pay, but it's worth a go 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/
29 IPA payments made, 7 to go - in single figures! |
| caroline.cn |
Posted - 08 December 2009 : 20:36:27
hello skippy. thanks for ur post.
contacting the courts that issued the fines sounds like quite an attractive idea...i guess it would be my local courts?? my knowledge on these things isnt very good!! i dont suppose you would have any idea if they can be quite accomadating to this sort of thing? |
| charlie44 |
Posted - 08 December 2009 : 16:15:01
Hi Melanie, what about fixed penalty charges, can these be included?
Life`s Tragedy is that we get old too soon
and WISE too late! |
| Melanie.n |
Posted - 08 December 2009 : 15:59:37
All fines are exempt from bankruptcy as are child maintenance debts both are classed non-provable and unable to be included in a bankruptcy
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
email me at melanienicholas@jonesgiles.co.uk
|
| charlie44 |
Posted - 08 December 2009 : 15:39:32
I thought a parking fine could be included in your BR as long as it was not issued by the Police!
Life`s Tragedy is that we get old too soon
and WISE too late! |
| Skippy |
Posted - 08 December 2009 : 15:17:32
Mel is right, fines cannot be included in BR. It would be worth speaking to the court that issued the fines as they may be able to arrange for you to go before a means court to ask for time to pay.
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/
29 IPA payments made, 7 to go - in single figures! |
| Melanie.n |
Posted - 08 December 2009 : 08:06:14
Just to add fines are called a 'non-provable debt' and as such are not included in a bankruptcy and must be paid.
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
email me at melanienicholas@jonesgiles.co.uk
|
| gettingoutofdebt |
Posted - 08 December 2009 : 07:31:15
If you are on income support then there is no way that you are going to be able to pay these fines but what is the total cost of your debt?
If it is just these fines then declaring BR is a bit extreme. You could try a Debt Relief Order (DRO) as these are for debts totalling less than £15k but even then this is also extreme for a debt of less than £1500.
I would suggest you speak to your local CAB. They will be able to suggest the best option and also administer DROs. They may also be able to set up a DMP (Debt Management Program) and have the interest on these debts frozen while you continue to make the part payments. |
| caroline.cn |
Posted - 07 December 2009 : 22:35:52
hello again, thank u for taking the time to reply! i just dont know what to do. i have 2 bailiffs from the same company knocking, one is for council tax and one is for a parking fine. the parking fine i simply couldnt pay in full so made a part payment, the next thing i know they are here! i spoke to the council who say they're money is £190... the bailiffs have bumped this up and it now stands at £845. same with council tax...it is now £1200. no matter how much i've managed to scrape from one source or another its never enough!! i've spent the last week locked in my house crying feeling like a total failure to my daughter..i just feel defeated and dont know where to turn! :) |
