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Searcher
New Member
60 Posts |
 Posted - 18 August 2010 : 17:27:19
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Is it really necessary or required to list your credit cards down in Section 4 (list of unsecured creditors), as the details are needed at Section 5.4 anyway?
If "yes", then how are you supposed to respond to "Date incurred" and "What was the debt for?" When a card is issued and a credit limit set, there is no requirement to state *why*, and at that point you don't usually know why (apart from maybe a balance transfer). Nor can you know *when* you may choose to start using the card (and not paying the full balance off each month)! 
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Edited by - Searcher on 18 August 2010 17:29:39 |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 18 August 2010 : 18:05:05
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The 'Date Incurred' will be the date you first took out the CC. You can just put the month/year. If you are not sure then check old CC statements to see when the first one arrived.
If you didn't take out the CC for a particular purpose (i.e. holiday) then you can put General Expenses in the 'What was the debt for?' section. |
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Searcher
New Member
60 Posts |
Posted - 18 August 2010 : 19:57:26
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quote:
Originally posted by gettingoutofdebt
The 'Date Incurred' will be the date you first took out the CC. You can just put the month/year. If you are not sure then check old CC statements to see when the first one arrived.
If you didn't take out the CC for a particular purpose (i.e. holiday) then you can put General Expenses in the 'What was the debt for?' section.
Thanks - so I take it that I am definately required to also enter credit cards at Section 4, as well as 5.4? |
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integritydebthelp
Starting Member
United Kingdom
23 Posts |
Posted - 18 August 2010 : 20:38:52
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you do have to list them again i'm afraid i help people with their soa's everyday and we are now seeing courts that check the soa with a fine tooth and comb and if anything is missing or wrong the clerks at court can refuse to put you through to be made bankrupt or see the judge. this is all part of the tightening up of the rules in courts etc.
the dates if you don't know them can be approximate to when you first obtained the cards. the official receiver does not expect you to have a super memory and most people list their cards as 'living costs- credit card' or 'living expenses- credit card'.
hope this helps.
“A compassionate person develops an eye for spotting the qualities that make each person special. Even when others are at their lowest ebb, it is possible to help them restore their self-belief by keeping a firm, clear vision of their goodness and specialities. Taking a gently encouraging approach, I must never give up on anyone.” |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 18 August 2010 : 22:55:54
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I find it helps the examiner if you put the range of dates that the credit card was used
i.e 2000 - 2009
taken out in 2000 and ceased using in it 2009
anything that you can do to make the examiners life easier will only benefit you in the end.
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
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Searcher
New Member
60 Posts |
Posted - 22 August 2010 : 21:10:39
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quote:
Originally posted by integritydebthelp
we are now seeing courts that check the soa with a fine tooth and comb and if anything is missing or wrong the clerks at court can refuse to put you through to be made bankrupt or see the judge. this is all part of the tightening up of the rules in courts etc.
This is scary to think that they can refuse to put you through to be made BR. If there is anything deemed to be "missing" or "wrong" wouldn't this usually be addressed and resolved at the time. I hate to think how inconvenient and stressful it would be to have jumped through all the hoops and get to court only to have to start all over again on some technicality?   Does this happen very often? |
Edited by - Searcher on 22 August 2010 21:11:19 |
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debtinfo
forum expert
2826 Posts |
Posted - 22 August 2010 : 21:18:52
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No it does not, If i was cynical i might think that someone was trying to prove how there service of doing the forms for you is essential.
In reality you dont sign the form until the day and before you do you just correct the mistake quickly. and then sign.
When i was an examiner i can honestly say at least 50% of the SOA's had something that was not technically correct on them and they all passed the court's fine tooth comb. What the judge is looking for is a quick check to make sure that you cant pay your debts, if that is so he/she will stamp the bankruptcy order.
The forms are designed to be completed by an individual and so the judge expects (within reason) that you wont be an expert in filling them in. Perhaps the other poster's experience is based on the judge holding them to a higher standard being a proffesional although i have in the past seen many mistakes made by form filling companies as well often because they dont actually fully understand your situation and dont notice when the information has got muddled up |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 22 August 2010 : 21:30:09
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I agree Debtinfo, the forms are designed to be able to be completed by the average person and the courts and OR's understand this.
I missed some information off mine and the clerk just asked me to write it on by hand and initial it. It wasn't a problem.
I also missed some information from the forms and didn't realise until too late. I told the OR and again, it wasn't a problem and was sorted out easily.
Searcher, don't worry about scare stories about the courts and the OR, very few people on here have had a problem and I'm sure you'll be fine.
View my blog at http://skippy13.blogs.iva.co.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.
Last IPA payment made on 28th June 2010 - it's over at last! |
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Searcher
New Member
60 Posts |
Posted - 22 August 2010 : 22:14:58
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Thanks guys - your replies and comments again were really helpful. Lessed stressed now....... |
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Topic |
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SOA - Listing of Credit Cards twice?
