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Murph
Starting Member
United Kingdom
6 Posts |
 Posted - 18 January 2010 : 21:17:38
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Hi !
Hope I am in the right bit :S I need to ask a few questions. My mum has done all of her forms and has 3 copies of each.. she has phoned the court and has an appointment for Thurs 21st!! Which was quick as she only phoned today! She has the fee and also the exempt form where u geT £150 back because she is on benifits..
1. She has a Smile (co-operative) step account that ALL of her benifits are paid into, housing benifit, child, careers etc.. just wondering if this will be closed and if so how long for as obviously her rent goes into it...
2. Can they make her pay anything from her benefits.. she is worried as she can hardly make ends meet as it is..
3. What will happen on Thurs? How long does it take roughly?
4. We had a phonecall today from on of the debt companys saying if we didnt make payment then they would send people round :(
5. She is in roughly 13,000 of debt.. do you think it will be long process?
6. Can the OR send people in her home to take tvs, games consoles etc??
Please Help.. :( x |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 18 January 2010 : 21:45:58
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Hi Murph and welcome to the forum.
I'll try and answer your questions in order:
1. There's a good chance that the bank will close the Smile account as it's down to them whether your mum can have the account, not the OR. It would be worth her opening a basic Co-op Cashminder or Barclays Cashcard account as they are 'bankruptcy friendly' accounts.
2. To have an Income Payment Agreement you need to have £100 or more disposable income each month. I can't remember if benefits are taken into account, but from what you say even if they are she shouldn't have a problem.
3. Each court is slightly different. When I went to court the clerk checked my paperwork, I took the oath and waited to see the judge. I was with the judge (in chambers, not the court) for a few minutes and then I had to wait for the bankruptcy order to be prepared by the clerk and that was it. I had a phone call from the OR the next day to check a couple of things and set a date for the interview, which was a couple of weeks later.
4. Don't worry. If they do send someone round (and they often threaten but don't do anything) they have no powers, you don't have to speak to them. I doubt they will send anyone round before 21st to be honest.
5. The amount of debt doesn't tend to make any difference to how long the process takes.
6. The OR won't send anyone to her home, and her household goods are safe.
Has your mum taken advice about whether BR is the best solution for her? The reason I'm asking is that if she has debts below £15k she may be suitable for a Debt Relief Order (DRO) - http://www.insolvency.gov.uk/bankruptcy/DRO/debtors.htm
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! |
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Murph
Starting Member
United Kingdom
6 Posts |
Posted - 18 January 2010 : 21:49:22
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quote:
Originally posted by Skippy13
Hi Murph and welcome to the forum.
I'll try and answer your questions in order:
1. There's a good chance that the bank will close the Smile account as it's down to them whether your mum can have the account, not the OR. It would be worth her opening a basic Co-op Cashminder or Barclays Cashcard account as they are 'bankruptcy friendly' accounts.
2. To have an Income Payment Agreement you need to have £100 or more disposable income each month. I can't remember if benefits are taken into account, but from what you say even if they are she shouldn't have a problem.
3. Each court is slightly different. When I went to court the clerk checked my paperwork, I took the oath and waited to see the judge. I was with the judge (in chambers, not the court) for a few minutes and then I had to wait for the bankruptcy order to be prepared by the clerk and that was it. I had a phone call from the OR the next day to check a couple of things and set a date for the interview, which was a couple of weeks later.
4. Don't worry. If they do send someone round (and they often threaten but don't do anything) they have no powers, you don't have to speak to them. I doubt they will send anyone round before 21st to be honest.
5. The amount of debt doesn't tend to make any difference to how long the process takes.
6. The OR won't send anyone to her home, and her household goods are safe.
Has your mum taken advice about whether BR is the best solution for her? The reason I'm asking is that if she has debts below £15k she may be suitable for a Debt Relief Order (DRO) - http://www.insolvency.gov.uk/bankruptcy/DRO/debtors.htm
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!
Hi.. she looked into that and for some reason she couldnt do it... cant remember why.. we have been to CAB rung national debt line etc etc this is the last option !
So After we have been to court on thurs she is safe? No one knocking on door or if they do we are ok? |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 18 January 2010 : 21:49:46
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Hi
which court is your Mum going too?
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 18 January 2010 : 21:51:08
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Once the BR order has been made your mum is protected from her creditors x
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
30 IPA payments made, 6 to go - the end is in sight! |
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Murph
Starting Member
United Kingdom
6 Posts |
Posted - 18 January 2010 : 21:52:41
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[quote]Originally posted by Reviva UK
Hi
which court is your Mum going too?
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions
[/quote
Brighton.. x |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 18 January 2010 : 21:54:16
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In that case it would be better for your mum to open a new bank account after she has been made BR - the OR at Brighton will close the account even if it's one of the basic accounts I've mentioned.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
30 IPA payments made, 6 to go - the end is in sight! |
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Murph
Starting Member
United Kingdom
6 Posts |
Posted - 18 January 2010 : 21:59:29
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[quote]Originally posted by Skippy13
In that case it would be better for your mum to open a new bank account after she has been made BR - the OR at Brighton will close the account even if it's one of the basic accounts I've mentioned.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
30 IPA payments made, 6 to go - the end is in sight!
[/quote
I have read that they close them and then u could ask for them to be opened again? x Also How would she go about everything with her benifits... surely if this is just a step account (the card doesnt even have a chip) and all her money is paid in (she has 3 children to care for)Then they would reopen it for her... she has never had debt with the bank |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 18 January 2010 : 22:04:06
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Hopefully Paul is still around and confirm, but I think that the Brighton OR's office asks for the accounts to be closed.
All other OR's office's (as far as I know) will contact the bank to advise that they have no interest in the account and then it's down to the bank to choose whether you can use the account or not.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
30 IPA payments made, 6 to go - the end is in sight! |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 18 January 2010 : 22:09:56
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I've just been searching back through old posts, and it's possible that the rules have changed and the Brighton OR no longer automatically closes all accounts - sorry for the confusion.
However, even if the OR has no interest in the account, the bank my still decide to close the account so it might be worth looking into alternatives just in case.
Unfortunately just because your mum has no debt with the bank doesn't mean she can keep the account, which seems very unfair x
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
30 IPA payments made, 6 to go - the end is in sight! |
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Murph
Starting Member
United Kingdom
6 Posts |
Posted - 18 January 2010 : 22:15:44
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quote:
Originally posted by Skippy13
I've just been searching back through old posts, and it's possible that the rules have changed and the Brighton OR no longer automatically closes all accounts - sorry for the confusion.
However, even if the OR has no interest in the account, the bank my still decide to close the account so it might be worth looking into alternatives just in case.
Unfortunately just because your mum has no debt with the bank doesn't mean she can keep the account, which seems very unfair x
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
30 IPA payments made, 6 to go - the end is in sight!
Thankyou for your help.. we are just going to go for it and see what happens.. hoping they are going to sympathis with a single mum on benefits with 3 children.. :( If it comes to very worst she does have a post office account.. that she doesnt use.. just thought.. she hasnt put these on her forms, as it has never been used. is that ok?? |
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Daniel Griffiths
Junior Member
United Kingdom
268 Posts |
Posted - 18 January 2010 : 23:18:22
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Hello Murph
You must ask your mum if she has looked at a debt relief order, the Judge at Brighton County Court will ask when he sees the statement of affairs creditor list below £15000,and notices she is on benefits, the judge may not grant the order on the day if she has not had appropiate advice. She needs to telephone the local CAB office who are authorised to process debt relief orders who will ask her some questions to see if she qualifies. It costs around £99 and she wont have to go to court. |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 19 January 2010 : 00:06:11
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Hi
Brighton OR's still ( in December ) insist that all bank accounts are closed so would recommend chosing the best time during the month so that funds are not frozen and your mum has time to reopen a new account in good time to receive income etc.
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 19 January 2010 : 10:10:28
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Sorry for the confusion Paul, I found a post from someone whowas told that Brighton changed the procedure in September!
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
30 IPA payments made, 6 to go - the end is in sight! |
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Murph
Starting Member
United Kingdom
6 Posts |
Posted - 20 January 2010 : 20:22:58
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My mum has looked into a debt relief order and was refused. She was advised by the CAB to go down the bankruptcy route which we are doing.. I was lead to believe that you could go bankrupt from £750.
We had bailiffs at the door yesterday, so it wasnt a thing.. It was horrible. So we are off in the morning! To court :S:S
Just wondering if they ever say No for any reason?? xx |
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Bankruptcy Procedure
