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 bankruptcy postbag for july
 RECENTLY BANKRUPT COUPLE OF QUESTIONS
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carbsakey
Junior Member

United Kingdom
181 Posts

Posted - 14 July 2008 :  17:18:59  Show Profile  Reply with Quote
I have recently been declared bankrupt (june 27th) & returned my forms to the OR. I have been unemployed for the last 8 months & stated that i am living off family & friends. i was advised by an insolvency solicitor that the OR would expect me to be claiming benefits however, due to the fact that i am of no fixed abode I have not been doing so, i also feel that it is unfair of me to claim more money from government considering i am going bankrupt (total £102,000). I also had pay from my last job in October of £360 which i have used for living expenses of £120 per month which took me to the end of January. I then recieved compensation for an accident at the beginning of June this year £1064 which I have used to cover living costs from January & have enough to last till end Sept @ £133 pr month.
My first querie is that I paid the £133 pr month from end Jan - End May back to my family & friends for my upkeep will this be seen as preferred payment or is the fact that it was for living costs ok. I aslo did not declare any cash in hand as i need this for living (£266 left) or should i have declared this. Also can the OR force me to claim benefits as I am not currently seeking work due to being of no fixed abode. I have been spending time with family & also at my ex partners due to us possibly getting back together. lastly i was also advised that if i decided to move back in with my ex that they would take his DI to pay off my debts. will they do this even if I am not working or claiming benefits & therefore not bringing any income into the home. As he lives in the middle of nowhere & I have no transport I would be unable to sign on as i cannot get into town (12 miles away) & there are no jobs available locally (nearest village 7 miles away) so I would be unable to work, he is happy to support me but i am not sure how he would feel about having his hard earned cash taken from him on top of this.
any advice form the experts would be appreciated.

JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 14 July 2008 :  17:23:16  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Hi Carbsakey and welcome to the forum.

Firstly, £133 a month living costs is about the cheapest I've heard, so as long as the OR is aware that you used the money for this purpose, you'll be absolutely fine! The OR cannot force you to get benefits, although (when you settle down), it's probably not a bad idea.

With regard your ex, all the OR can do is to take account of his contribution toward your outgoings. Given your situation, I am confident that the OR will leave your ex alone.

I hope this helps.

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
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carbsakey
Junior Member

United Kingdom
181 Posts

Posted - 14 July 2008 :  17:29:54  Show Profile  Reply with Quote
Thank you Julien. Sorry you did not mention if i should have declared this money on the forms i sent back. Also as i explained, if i moved back with my ex it would be impossible for me to work due to his location therefore surely i would not be able to sign on as i could not work.Also i would only be able to get into town on a wed (his day off) what if that is not the day for signing on
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melanie_giles
Senior Member



1191 Posts

Posted - 14 July 2008 :  23:40:06  Show Profile  Visit melanie_giles's Homepage  Reply with Quote
I would certainly suggest that you do put in claims for any benefits you are entitled to. Just because you are going bankrupt, this does not mean that you are not entitled to state assistance, and having paid so much in by way of NI contributions, it seems only fair that you get some back when you need that support.

For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
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carbsakey
Junior Member

United Kingdom
181 Posts

Posted - 15 July 2008 :  12:18:35  Show Profile  Reply with Quote
Hi Sorry to be a pain but I still dont know the answer to: if i moved back with my ex it would be impossible for me to work due to his location therefore surely i would not be able to sign on as i could not work.Also i would only be able to get into town on a wed (his day off) what if that is not the day for signing on. How can i claim benefits if I cant get into town to sign on & why would they give me benefit if i obviously cant work. surely they are not going to give me money for nothing forever.
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carbsakey
Junior Member

United Kingdom
181 Posts

Posted - 15 July 2008 :  12:45:56  Show Profile  Reply with Quote
Hi Sorry to be a pain but I still dont know the answer to: if i moved back with my ex it would be impossible for me to work due to his location therefore surely i would not be able to sign on as i could not work.Also i would only be able to get into town on a wed (his day off) what if that is not the day for signing on. How can i claim benefits if I cant get into town to sign on & why would they give me benefit if i obviously cant work. surely they are not going to give me money for nothing forever.
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Suzanne
Average Member



United Kingdom
869 Posts

Posted - 15 July 2008 :  13:35:25  Show Profile  Visit Suzanne's Homepage  Reply with Quote
carbsakey

If you do not intend to look for work then you would not be able to seek job seekers allowance as you would not be a job seeker, but you may be elibible for other help.

It would be worth asking if you can go in on your partners day off

There may be work you can do from home such as telemarketing, so just because you are at home does not mean you can't work.

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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carbsakey
Junior Member

United Kingdom
181 Posts

Posted - 15 July 2008 :  13:52:05  Show Profile  Reply with Quote
Thankyou Suzanne that helps clear things up
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