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Kathy
Junior Member
171 Posts |
 Posted - 04 August 2008 : 08:22:17
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Hello.
I am new to the forum and have 'browsed' for a couple of weeks now.
To politely ask for a little help if possible please, here is my scenario.
I am 38 yrs old and live with my common law partner (we were married but divorced in 2000 and have been 'back together' for 3 years). We have 2 children, 14 and 11 years. One of my creditors has sent me a Statuory Demand for Bankruptcy and to be honest I'm thinking of letting them proceed with it. In total to around 14 creditors I (alone) owe approx £30,000 which is my own debt before the reconciliation with my ex-husband. I am the registered keeper of our vehicle however my Dad owns the vehicle worth approx £2000. As I do not own the car, can this be taken from my Dad?
My partner owns a motorbike, value of approx £900, can they take that from him?
We are in receipt of benefits only as I am disabled, in a wheelchair most of the time and receive DLA, Child Tax Credit & Child Benefit in my name, will they assess all of these benefits for poss. deductions? My partner receives Income Support & Carer's Allowance in his name, will they assess these?
ALL the benefits go into my partner's bank account as I am unable to deal with finances due to Mental Health problems and Function. I suffer from M.E, Fibromyalgia, Degenerative Disc Disease, Prolapse Cervical Disc & the beginning of Spinal Stenosis, all diagnosed officially by hospital consultants.
If baliffs or an OR were to assess our belongings, do they consider/take children's consoles, stereo's, pc's etc .
We do not own our own home (Council Tenants) and have no savings whatsoever. We have a little bit of nice furniture, would they take that?
I'm sorry to waffle on, I would've rang but struggle to hold a telephone conversation for very long because of extreme fatigue and lack of function but I would be so grateful for your help and answers to my questions via this site or to my email address. I am so worried at the moment which is adding to my illnesses and disabilities but do feel that Bankruptcy is the best option for me as a certain couple of creditors are getting nasty and this one has sent me the Statutory Demand. I cannot afford an IVA as would not be able to maintain regular payments.
Thank you in anticipation of your help and answers to my questions.
Kathy.
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Suzanne
Average Member
United Kingdom
869 Posts |
Posted - 04 August 2008 : 09:01:03
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Hi Kathy and welcome to the forum
Even if you own the vehicle, I would say it is necessary for you to keep it because of your disabilities alone and would therefore be given exempt status.
The OR would not consider living benefits or means tested benefits in any income payments agreement, nor would they consider your partners income if it is soley from benefits.
Personal items are considered exempt property unless it is of exceptional value (over £500 auction value) and certainly not the childrens belongings.
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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dont_take_my_car
Junior Member
United Kingdom
175 Posts |
Posted - 04 August 2008 : 22:34:00
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Thank you Suzanne, that is so helpful.
To be honest, we have no equity, do not own any property and have no savings whatsoever but as this is the situationI am worried that the OR will at least 'try' to find something from which to make us pay an IPA and I am even more worried for the children's belongings as my Daughter (14) has mobile phone, own pc, tv, dvd player etc and little lad (11) has the same plus xbox, ps2, lots of games etc, nintendo wi (or will have for chrimbo) and my hubby has 3 or 4 cameras, ipod, mobile etc etc. Obviously the debts are mine but I have 'heard' horror stories where people say they have had their kids nintendo wi's etc taken, hubby's ipod etc and I lose sleep over all this. I'm only in the Statuory Demand stage at the mo but am trying to prepare for the inevitable.
Also could I ask, if such things as Broadband is in my hubby's name, can they still 'freeze' these luxuries (Virgin TV, Broadband & Home Phone) or is it so just if they are in my name?
Do they freeze things like Pre-Pay Mastro cards? I have one in my name and my hubby hs one also and we have £30 a week going onto his card only (just changed it from £15 each to all onto his)- do they freeze his too?
I'm waffling again and I'm sorry but thankj you SO much for your reply.
This forum is a lifesave, I read it when I can to not feel so alone and to see a problem shared is a problem halved. People have been through the mill I know and I imagine that the grinding saw will soon hit me (us) too.
Thank you again & warm regards,
Kathy.
A Smile Doesn't Cost Anything, But It Might Just Brighten Someone's Day! |
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eamonn
Junior Member
320 Posts |
Posted - 05 August 2008 : 01:27:09
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hi kathy
as suzanne says the or can not take your kids consoles,games,etc.
and as long as it is only you going br the or cannot take your hubbys cameras etc, baically they can only take things that are of very high value at auction and that belong to you,they will freeze your own bank accs not sure about joint accs but your prepaid cards
should be fine |
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I am so worried which is adding to my illnesses
