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dazed and confused
Junior Member



United Kingdom
475 Posts

Posted - 11 September 2008 :  12:10:02  Show Profile  Reply with Quote

Dear Forum

When going through the BR process, is there anywhere on the BR forms or during the OR interview where they ask you what the minimum or agreed payments were to your Creditors, or anything about Overdraft charges and Account Fees etc.?

The reason I am asking is that on working out my Income and Expenditures etc. my monthly disposable income brings me very close to being able to have made the payments to my creditors, but with all the bank charges and overdraf fees which changed every month that was adding an extra £25 - £100 on top of that per month.

Or, does the form simply ask how much overall debt you have, what your Income and Expenditures are, and what your available income is?

Sorry for the long message - I hope this makes sense?

John
New Member



United Kingdom
73 Posts

Posted - 11 September 2008 :  13:32:25  Show Profile  Reply with Quote
Hi

the details you describe are not required on your SoA.

www.Bankruptcyhelp.org.uk
0800 078 9367
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dazed and confused
Junior Member



United Kingdom
475 Posts

Posted - 11 September 2008 :  13:45:30  Show Profile  Reply with Quote
Hi and thanks for your reply.

So basically if someone can still petition for their own BR, even if some months they could in theory make the repayments if this involved living on beans on toast, having no social life and walking everywhere to save on fuel costs, and if their monthly income was varied each month, they could still declare themselves BR?

I think what I am trying to say is that looking back over my finances over the last 6 months - 1 year, there are some months where I could have carried on making my payments and there are some months when I couldn't.

Also, I almost certainly know for sure that in the next few months I am not likely to be able to pay my commitments as I will not be in the country and as yet I do not have a job sorted out.

Can I still go BR?

I am so worried about everything at the moment. It's not healthy!
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dazed and confused
Junior Member



United Kingdom
475 Posts

Posted - 14 September 2008 :  19:47:19  Show Profile  Reply with Quote
Hi!

Sorry to bring this up again, but could someone please clarify for me - can the OR stop you from going BR or punish you if they deem that you are not truly insolvent i.e. if they think that you could have paid your debts, even if you know that in a few months time you know there is no way you are going to be able to pay them?

Thanks!
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JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 15 September 2008 :  05:03:52  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Hi D&C,

Granting a BR order is the court's decision, not the OR's.

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367
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