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applebabe
Junior Member
United Kingdom
243 Posts |
Posted - 02 June 2008 : 11:48:37
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Hi I am going to court for my bankruptcy on Thursday and am trying to fill in the forms today. I have a mobile phone contract and I need to know what do I put down as the amount owed? What I mean is do I put down just the missed payments as what I owe or do I have to calculate how much is left on the contract to pay? Also do I have to give back the free phone I got with it too? Thanks Maxine x |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 June 2008 : 11:54:15
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Hi Applebabe,
I would not list a mobile phone contract in the SOA, just as I wouldn't list utility bills. It will only need to be recorded in your expenditure, unless you owe them a significant amount of money and you are happy for the contract to be cancelled.
Regards
Julian Donnelly Spokesperson for www.Bankruptcyhelp.org.uk |
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applebabe
Junior Member
United Kingdom
243 Posts |
Posted - 02 June 2008 : 12:05:01
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Hi Julian, Ok, so what do I list in the part that says unsecured creditors? I do owe £1000 to N Power do I list that? My mobile phones 2 of them are only missing 1 month payment at the moment. I have 2 because of my divorce as my ex has been violent in the past and has made lots of threats and because of his harassment i have to have a different mobile number to speak to my children (on advice from the police) and for them to ring me, they are 22,19,16. so are not babies but all live in the north were as I live in the south. I must admit I am finding filling this in as a huge challenge and I am scared about doing it wrong! Thanks for your ongoing advice Maxine x |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 June 2008 : 12:11:42
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Hi Maxine,
The key here is to relax and take the SOA one page at a time. I would definitely list N Power, but be aware they may insist on putting you on a pay meter arfter your BR. It will definitely write the debt off though. with regard the mobiles, it is purely a judgement call. If you want to dump the contracts and get pay-as-you-go, then now's the time to do it.
Regards
Julian Donnelly Spokesperson for www.Bankruptcyhelp.org.uk |
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applebabe
Junior Member
United Kingdom
243 Posts |
Posted - 02 June 2008 : 12:20:10
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Hi Julian, Thanks for the promt reply to be honest I dont mind getting rid of the contracts and getting pay as you go, and the pay meter is just something I will have to live with. My landlord said he doesnt mind as long as if and when I leave I have it changed back. I am sorry to sound so frantic but I am at this moment a little manic with all the demands and letters in the post and dreading the next knock on the door! So in the list of unsecured creditors what exactly do I list? I have credit cards and catalogues my n power bill and if I want to my phone contracts? Sorry to be a nusiance I just feel lost at the moment Maxine x |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 June 2008 : 12:24:37
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Hi Maxine,
Don't panic! It looks far more complicated than it is in your case.
The unsecured creditors should contain ALL your unsecured debt such as loans, credit cards, overdrafts, catalogue debts as well as arrears with utilities, council tax etc. If in doubt, list it and you can go through it with the OR.
Hope this helps.
Regards
Julian Donnelly Spokesperson for www.Bankruptcyhelp.org.uk |
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applebabe
Junior Member
United Kingdom
243 Posts |
Posted - 02 June 2008 : 12:56:32
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hi Julian thanks for bringing a smile to my face! I am trying to stay calm and failing badly lol! Ok I have those and can I also list the mobiles too? If I list the mobiles do I have to return the phones that came free with the contracts? Also where it says date incurred I am a bit stuck as I really do not know when most of my credit cards are from some of which I brought with me when my marriage split. Also when i go to court on Thursday do I need to take my letter from dwp to prove I am now on income support? I have for the past year been taking money from 1 card to pay another trying to stay afloat can i put that as what the debt was for? I have done lots of silly things to stay afloat Maxine x |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 June 2008 : 13:27:57
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Hi Maxine,
If you want to get rid of your mobile contracts, then do list them down. With regards the handsets, I would suggest you contact your network operator/provider for clarification.
With regards debt incurred, if it was within the last 12 months, you'll need to be as accurate as possible. For debts over 12 months old, the rough month/year will suffice.
With regard any supporting documentation, you won't need it for the court but the OR will need to see it.
With regard to your credit card usage, "general living expenses" would be a valid reason in this case.
Regards
Julian Donnelly Spokesperson for www.Bankruptcyhelp.org.uk |
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m and v
Average Member
United Kingdom
760 Posts |
Posted - 02 June 2008 : 13:50:49
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Hi Maxine - i had eight credit cards all with day to day living expenses against them! You mentioned taking your DWP letter to court - was this to prove receipt to pay the lower charge for petitioning your BR? If it was then you do need to take it on the day. That's right isn't it Julian??
Vicki x |
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applebabe
Junior Member
United Kingdom
243 Posts |
Posted - 02 June 2008 : 14:08:04
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Hi Vicki, Yes it was, so I do need to take it then? Is there anything else I need to take on the day? I presume I have to copy my application so i have a copy too? I have 5 credit cards all of which are over 2 years old so i suppose I can put living expenses, but to be honest I cant really remember. What sort of questions do the officers actually ask, about your debt? I know all debt is frowned upon but I know I have been really stupid over the last year while trying to stay afloat, that I now regret! More recently I drew money from one to pay another trying to stay afloat and i also had a new partner for a short time for whom i bought things and was never paid hence my catalogue bills! My life at the moment is a mess i am so far away from home as per the police advice and have no friends as such, but i am determined that this is gonna be a new start, to my new improved happy life! Thanks for your support Vicki Maxine x |
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pix1
Average Member
689 Posts |
Posted - 02 June 2008 : 14:12:55
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Hello,
Do your best to fill in the form as accurately as possible but remember you can put it right later if there are any mistakes just by contacting the OR. I personally forgot a whole debt (!) but telephoned the Or a week after the order date and it was added in. |
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m and v
Average Member
United Kingdom
760 Posts |
Posted - 02 June 2008 : 14:24:46
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Hi maxine Yes I am sure you need to take your proof of benefit with you on the day to get reduced court costs. I would give your court a call and speak to the BR court clerk - I only needed to take my originals in (they wanted to do the copying) but as Julian said some courts want the copies taking in.
I know exactly what you mean about debt - I had eight cards and two debt consolidation loans. The OR was more understanding than I expected, I had used cards to live on, to pay bills, to draw cash on to pay other cards - a complete nightmare! I imagine everyone going BR uses every card and every penny they have in order to survive. My debt built up over a couple of years and the OR wanted to know why it had built up and got out of control. I was the bread-winner if you like, for those two years and my wage wasn't enough to support us both.
The OR will be understanding of your personal circumstances too, so don't be afraid to explain the additional hassle you have had, costs of relocating etc. Don't forget to mention it to the judge as well if you need to keep your name/location out of the papers for your own safety.
Glad I can help you, I know I would have been lost without this forum and asked loads of questions before I went to court!! Keep posting - take care
Vicki x |
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applebabe
Junior Member
United Kingdom
243 Posts |
Posted - 02 June 2008 : 14:26:25
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Hi Pix1 Ok thanks. I am such a fragile person at the moment! I just want it all over an done with and although it will be on Thursday (fingers crossed) it feels like forever. But I am determined to sort out my life and this is the first stepping stone. Thanks for taking the time to answer my post it is much appreciated. Maxine x |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 June 2008 : 14:26:36
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Apologies,
Yes, do take the DWP letter with you to get £150 discount on the court cost.
Regards
Julian Donnelly Spokesperson for www.Bankruptcyhelp.org.uk |
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applebabe
Junior Member
United Kingdom
243 Posts |
Posted - 02 June 2008 : 14:50:43
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Thanks again Julian, you are quickly becoming my hero! LOL!! I am starting to calm down a bit now with all the support offered here thank you everyone I am sure I will still have questions to ask and I am so happy I have found this website and you nice people! Thanks Maxine x |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 02 June 2008 : 15:01:26
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Hi Maxine,
The key thing to remember is that you are not alone. BR changed my life for the better .... it's a fresh new start so enjoy it!
Regards
Julian Donnelly Spokesperson for www.Bankruptcyhelp.org.uk |
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