My partner is now wanting to go BR. she has a mortgage she can no longer afford to pay as well as 3 CCJ's (none of which were her doing) and she also has council tax being repaid to a baliffs.
I can not remember because personally I am 2 years past BR and back to mainstream bank accounts and credit cards, but can she go BR and this will all be written off?
She has stopped trying to pay towards her mortgage in preparation to pay the BR fee. I have explained how it all works for her and she really has tried but has come to this last resort
She can go BR and obviously the house will have to be sold and any shortfall will go into the BR. Council tax for the period prior to BR will be included. Not sure about the CCJs though.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
Thanks for your advice Jan. Re confirmed what I thought which I appreciate :)
Hi viki
Around 7k for ccjs and the mortgage is just over 55K. She has been paying for it on her own for nearly 3 and the other person on the mortgage won't pay. She has had the house for 13. She earns 13k and is struggling.
Other debts amount to a few thousand also.
Not sure what the house is worth but it's failed to sell in the past for 69k. She's tired of paying and just wants shot of it.
Edited by - pcoventry2 on 15 February 2015 09:28:49
The other person will also be liable for the mortgage if they are named on it and so will also be chased for any shortfall - I wonder if they realise that.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
They dont care to be honest. They have a joined bank account and despite this guy saying that he is skint he has seveal hundred pounds a week going into this account which he draws out right away.
She is concerned he will be able to take action against her when she does this. I've told her he won't be able to but she is the sort of person where she must read it before it makes sense
He won't be able to take any action against her once she goes bankrupt and he will be liable for what is left of the joint debt as hers will be encompassed by the BR and he will be left having to cough up or be chased for the debt.
Anything owed on the bank account will be covered from her point of view.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
The only thing I am not sure about is the house. She is not sure if there is any equity in it but with a 55K mortgage it's expected to sell for less. So that will be included.
I had already had my house reposessed when I went BR as it was down to the amount I still owed. However for her she has bailiffs chasing for council tax and other debts she wants to get rid of. She works full time so I have explained she will have an IPA/IPO probably. But she is wanting shot to get rid of his debt also which would would still be paying for 3 years.
Doesn't matter if there is equity or not, the shortfall will be included but the other person will be chased - why should he get away with it when he hasn't been paying?
Did you mean his debt or this debt? The other half will be responsible for things like council tax as well. Her own debts are hers obviously.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
Once she hands the keys back the mortgage company will repossess and they will chase the other person for the shortfall and for any council tax arrears.
Get her to speak to someone like Viki - the advice is free and she knows more about this sort of thing than I do!!
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
Ive suggested she call you and she is going to do so at some point soon.
She tried to sell it in 2012 but it didn't sell. She can no longer afford it.
We are looking for somewhere else and she is also using what was the mortgage payments to file for BR
I dont think she has paid anything for her CCJ's so far.. I have explained that (unless I am wrong) they will always be payable and will never go away?
CCJ's and council tax?
Posted - 14 February 2015 : 16:39:39
