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bonechild
New Member
50 Posts |
 Posted - 04 March 2011 : 14:21:02
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Hello all
this is my first posting so please be gentle with me. i'm sure many of my questions will have been asked before but i trawl through and seem to get partial answers so i'm biting the bullet and hoping some kind soul will answer all.
i am a small business owner. i am behind on my rent and my business is failing. today will be my last day. i will clear out my things from the office i rent and tell the landlord on monday thati cannot make the payments. my lease goes on till 2019 but has a break clause in july 2012. i think the landlord will charge me up to 2012 but obviously dont know that yet. as it stands i owe £1500 in arrears.
I am hoping they will deduct this from the deposit i paid them of £2375 and let me walk away unscathed but this is very unlikely
so questions
1. when should i file for bankruptcy? should i wait till they come back with a final figure on what they are going to try and take me for?
2. i rent my home, i'm maxed out on credit card and overdrawn at the bank. the only income into the household is my husbands wages. my asset is my car. it is a nissan figaro. at the moment it doesnt run so it may be worth £800-£1000. would I be made to sell it? if I spend £1000 getting it fixed the value would increase to about £5000 but I could argue that I need it to find work or to continue my therapist practice as a mobile practitioner. WHAT IS THE BEST THING TO DO?????
3. what procedure does the landlord need to follow? does he have to send me a bill first? can he go staight to the bailiffs? does he issue a ccj straight away? should i file for bankruptcy to pre-empt all this? can i even do that if i dont have the final figure?
4. i have a therapy chair and steriliser for my work. can i sell them to pay for the court fees? does it matter who i sell them to? can it be a family member?
5. does the court look into where money came from in your bank account. If they see an entry for £1000 paid in by cheque, do they find out who the cheque was written by?
I think i've got so mny more questions but this will do for now
i'm very worried. i spoke to one helpline place and they put me in touch with this chap who wants to charge me £600. I'm so tempted because i just want the worry to go away but i don't know if this is the right thing to do
please please help, somebody, anybody? |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 04 March 2011 : 19:10:07
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Hi Bonechild
welcome to the forum and sorry to read your plight
every posters circumstances are slightly different so it is good to get all of the info
My first suggestion to any poster is try and get a meeting with any of the experts, with all of their experience they will be able to answer your questions and plan the ones that you have not even thought about.
but as you have been specific
1) if you know that you will have to go BR plan the process and go when appropriate with you, I would normally say three months after you have stopped paying creditors but again subject to circumstances I waited about 2 yrs to go BR and my wife went 6 months before me
2) you need a car for work but its value can only be a nominal fee of £2k, prioritise debts the ones that need to be paid rent and food top of the list others when you ahve a court date can be stopped
3) housing eviction is a long drawn out process but to keep stress levels down may be appropriate to start finding place ina few months
4) you can sell them as long as you get fair marklet value but tools of the trade can be exempt from BR process
5)the charge of £600 may be appropriate if your circumstances dictate, you can self petition I needed the services of an expert to help me, it wasnt just the turning up to court it was the 2 yr lead , and the year after BR
call one of the experts most of them take emails over the weekend.
good luck
Richard
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bonechild
New Member
50 Posts |
Posted - 04 March 2011 : 20:56:45
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thanks so much
i think i do need to discuss this whole business with someone. i think i need someone to guide me through all this
cheers |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 04 March 2011 : 21:15:32
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yes I agree anything involving ltd companies, businesses and leases needs careful planning and preperation.
I have a couple of horror stories of individuals who have not planned properly it has come back to haunt them many years later
Richard |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 04 March 2011 : 21:43:22
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Hi Bonechild, I agree that you need to take advice, and any of the experts who post on here will be able to advise you.
Good luck.
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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bonechild
New Member
50 Posts |
Posted - 04 March 2011 : 21:51:37
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cheers all
i've just found my way round the site and posted a question to the experts. (well i think i have anyway )
I live in the South, outside Bournemouth. Can anyone recommend anyone for me to see? |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 04 March 2011 : 22:10:18
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To be honest it doesn't really matter where the expert is based as you may well not need to speak to them face to face as most advice can be given over the phone.
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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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 04 March 2011 : 22:53:58
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as tracey has stated it does not really matter where the expert is as initial phone contact may help.
with negotiation the experts are willing to travel.
Bournemouth is a nice friendly court, the clerk is so helpful but they do take time.(unlikely to be away before 2PM) The OR's office is next too nationwide (? Richmond Hill) BUT check your post code with court as some strange boundaries between the three counties.
Richard |
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sorry- so many questions
