|
|
 |
 |
FORUM |
|
> Browse and post on our forum |
|
|
|
 |
|
 |
| Author |
 Topic  |
|
|
JohnBoy
Starting Member
2 Posts |
 Posted - 26 October 2010 : 22:31:00
|
Hi guys,
please forgive me if this is a bit long winded but here is my story;
.I work full time
.Own home - mortgage £76k worth about £70-75k now
.Started IVA about 4 months ago
My family were getting by after starting the IVA although our home needs work done but have not been able to afford to do anything.
We were getting along when i was hit with a bombshell. I have a 21yr old son who has lived with his mom most of his life! As i was in and out of temp work for a few years i never really knew how/if i owed money to the Child Support Agency. I had not heard from them for about 8-9 years and now they have sent a letter to my employer and me saying that from this month they will be taking £238 per month out of my wages as i owe £8k which has left me no choice but to declare myself bankrupt as i just cannot afford anymore money coming out of what little we already have left! If i owe that amount then that is not an issue its the fact they want so much so soon!
I have just stopped my Direct Debits for both my IVA payments and my mortgage and really need to know what to do now. I know i need to save about £600 for the bankruptcy charges. I have other Direct Debits that i need to know if i should stop now or not ie Mobile phone, House Insurance, Rates..
My wife and i have been married 5 years and its been debt all the way which as many know is not good for both marriage and Health although trying to get a council house here in N.Ireland is not easy!
Is bankruptcy different here in Northern Ireland as it is in mainland uk?
Any advice you can give would be greatly received!!
John |
|
|
Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 27 October 2010 : 00:30:01
|
Hi John,
unfortunately CSA debts are what are known as non provable, so they cannot be claimed in bankruptcy, and so have to continue to be paid, thus:
An obligation arising under an order made in family proceedings or under a maintenance assessment made under the Child Support Act 1991 is not a debt provable in bankruptcy [note 2]. It is a continuing obligation, payable out of income.
As for the IVA, what is the IP's position on this, as you should speak to him about it, he might even save you the £600 by making a creditors petition for bankruptcy, but you will need to check if there are any differences between England and Wales , and N Ireland legislation, I don't think there is, but check anyway.
If you're stopping the mortgage payments, you need to sort out where you will live which I presume will be rented, it maybe better to try and get somewhere before bankruptcy(if that is the route you'll take).
Big Al |
 |
|
|
JohnBoy
Starting Member
2 Posts |
Posted - 27 October 2010 : 15:51:45
|
Hi Big Al,
i was not sure what direction to go down in reference to the Bankruptcy! My IP said that i should go to my county court and never mentioned that there was another way of doing it that would save me £600 payment which i do not have at the moment anyway!!
I have a couple of questions maybe you can help me with?
I have an account that i set up after the iva will i still be able to use this account & debit card after bankruptcy?
Do you know how long the process takes from when i cancel my iva until after going to court i am declared bankrupt?
John |
|
|
| |
Topic |
|
|
|
| bankruptcyhelp.org.uk Forum |
© bankruptcyhelp |
|
|
|
|
|
 |
|
|
|
|
|
Do not know what to do next!!
