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clara
Starting Member
United Kingdom
6 Posts |
Posted - 29 March 2010 : 13:16:11
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Today I have taken the first steps to BR. Printed off the forms, and applied to open a co-op account, as I understand that my present account will be frozen?? I am absolutely scared stiff, and completely on my own in this mess. I really hope that I can find some help and comfort on this site! My main concern is that if my landlord is informed, he may not want me as a tenant, and then I really will be finished.
jme |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 29 March 2010 : 13:26:37
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Hello Clara and welcome to this forum,
Fists, you are not alone in "having got into a mess" - do not beat yourself up with that!
Yes, if you petition for BR, then your accounts will be frozen - the Coo-op Cashminder account is great as are the staff at the Co-op.
As to your landlord, is there a specific clause in your tenancy agreement that prevents you from being bankrupt? If not, then in theory, you should not be concerned. Are you a private tenant or a tenant of a local council or RSL? If you are a tenant of a council or a RSL, then certainly you have no need to worry.
Are you up to date with your rental payments?
If you are a private tenant, then if you are going to petition for bankruptcy, then I suggest that you copy your tenancy agreement to the Official receiver along with your confirmation that the rental payments are up to date. You could say that you are fearful of the landlord taking action if they find out, and if they are sympathetic, they will not make any contact with them.
As to bankruptcy itself, it is not a complex procedure and when you are bankrupt (the day of the order) then all of your unsecured debts (with a few exceptions) are also gone.
Have you taken advice? If not why not try one of the financial experts on the site:
Paul or Ken at Reviva UK Melanie at Jones Giles
They will guide you.
Good luck, Richard
"There are no problems - only solutions" |
Edited by - Housing on 29 March 2010 13:28:10 |
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clara
Starting Member
United Kingdom
6 Posts |
Posted - 29 March 2010 : 13:37:54
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Thanks so much for your reply. I am a private tenant and tho I don't think the lease mentions bankruptcy, presumambly the landlord can serve me notice if he wants to, for whatever reason.I will do as you suggest; I didn't realise I could ask the OR (?) to do that. I haven't taken any advice. Surely professional advice from Reviva or elsewhere costs money? I haven't got any! The forms look quite complicated, I don't know how I'll cope with that. I am soon to complete on the sale of my BTL flat, my last remaining asset, which will leave me about £3k equity, once the sale is complete I will declare BR. I am sick with the worry of it.
jme |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 29 March 2010 : 13:57:56
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Hi again,
Yes, I do not see a problem asking the OR to consider not making contact with the landlord.
Yes, the landlord can serve a s21 notice and bring the tenancy to an end - does not need a reason for that as you will be aware.
On Reviva UK - contact Paul Johns or Ken - their initial advice will be free - apart form a ciup of tea and some rich tea buscuits!!
On Mel at Jones Giles - again initial telephone advice at no cost.
There is a slim chance that the district judge may ask if you have taken advice - she did with me. Even if he/she does not when you come to the interview with the OR, he/she will ask you what advice you took.
As to the bankruptcy forms, they are designed to be DIY... I know... but that is what the OR says! Good advice is given here free - based upon experience of posters.
On the BTL - more reason to speak to an expert - have you already agreed the sale and instructed a solicitor - we kept a BTL and our principal home.
Come back as necessary, Richard quote]Originally posted by clara
Thanks so much for your reply. I am a private tenant and tho I don't think the lease mentions bankruptcy, presumambly the landlord can serve me notice if he wants to, for whatever reason.I will do as you suggest; I didn't realise I could ask the OR (?) to do that. I haven't taken any advice. Surely professional advice from Reviva or elsewhere costs money? I haven't got any! The forms look quite complicated, I don't know how I'll cope with that. I am soon to complete on the sale of my BTL flat, my last remaining asset, which will leave me about £3k equity, once the sale is complete I will declare BR. I am sick with the worry of it.
jme [/quote]
"There are no problems - only solutions" |
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clara
Starting Member
United Kingdom
6 Posts |
Posted - 29 March 2010 : 14:05:25
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I really appreciate your help! Unfortunately it's too late to save the flat; we have exchanged. I should have got some help sooner, I have really messed up my life. Is it better for me to be able to say yes, I have taken some advice? It would be so good to sit down with someone and talk it through, I just assumed I could not afford that luxury! I will come back on this site later and try and get some specific questions answered. Thanks so much, it makes such a difference to share this.
jme |
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debtinfo
forum expert
2826 Posts |
Posted - 29 March 2010 : 18:21:04
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remember that national debtline, CCCS or CAB will also give you free advice, which is good enough for the judge or OR |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 29 March 2010 : 18:56:15
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Hi again,
yes, as debtinfo has rightly said, the CAB and CCCS will satisfy the OR et al that you have sought independent advice - but do not forget what I said about Reviva UK and Jones Giles - they are both excellent
Good luck and post when you see the need - lots of GREAT people who post regulalrly that have a wealth of experience. Regards, Richard
quote: Originally posted by clara
I really appreciate your help! Unfortunately it's too late to save the flat; we have exchanged. I should have got some help sooner, I have really messed up my life. Is it better for me to be able to say yes, I have taken some advice? It would be so good to sit down with someone and talk it through, I just assumed I could not afford that luxury! I will come back on this site later and try and get some specific questions answered. Thanks so much, it makes such a difference to share this.
jme
"There are no problems - only solutions" |
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