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 Bankruptcy in N.I - What happens next?
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ChocolateOne
Junior Member

United Kingdom
126 Posts

Posted - 14 September 2008 :  22:30:36  Show Profile  Reply with Quote
Hello all :D

I wish I'd found these forums ages ago!!
I'd finally saved the £425 or so to declare bankrupt and lodge my papers at Fermanagh House on Tuesday just passed. I was totally shocked when they gave me a court date 2 days later!!
So, On Thursday I had my Hearing and the master has declared me bankrupt. For those of you terrified about the actual court part....don't be. Its actually unbelievably quick and the master is not an ogre. While waiting, it became apparent that my time (12pm) was shared by about 6 or 7 others. We all waited on a bench outside and waited to be called. I was called 5th and literally in and out in 5-10 minutes.

But now Im very worried about what happens next. Im a single mother(Im 27, my son is 9) living in my parents house and I presently work full time(in current job since feb and its an ongoing temporary position). Ive been told that because I work, I will be expected to pay an Income Attachment order, which I understand is a monthly payment based on what I have coming in and my monthly 'necessity' outgoings.

Thats ok, except for a few things.
Firstly, on my income and expenditure form, Ive obviously put down what I need to live on, based on my present circumstances. But my parents have both recently retired and really want to enjoy it now, and for me to move on into my own place(understandable given what Ive put them through). I can't factor in the expense of living independently in a housing executive house or whatever, till it happens - so it worries me that they will take every penny left over as 'surplus' cash. If they do that, Im stuck exactly where and how I am indefinately :(
The other thing is, I owe quite a few 'personal' debts which I wasnt allowed to include in my monthly outgoings. Some to loansharks but the main one is to my best friend. In the height of my troubles, she got a credit card in her name and allowed me to use it to pay people off. She later sold her house and cleared the card with some of the profit, so I owe her directly and not a card accruing interest. I pay her between 50-80 a month. Problem is, CAB told me i cant include this as it is an 'illegal debt'. I see what they mean - its not in my name. But this is money, none the less, that I am out every month and will continue to be even after my bankruptcy.

How does the OR work out what I can afford?


2nd question is about The freezing of accounts. All of the accounts on my list which are in debt are void - I havent been able to use them for about a year or more. The only account which is active is one I was told to open when i tried a debt management plan about 3 years ago. its a basic cash card with no facilities and my wages, family allowance and tax credits are paid into it. My next tax credit payment is due on 19th - which I am relying on to take me to the end of the month. its looking as though I wont be able to touch this money.

What do I live on? What have other people done in this situation? I have nobody to go to even to borrow anything as my parents are on holiday. Im literally going to have to keep my son off school as I wont be able to get him there. :(

JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 15 September 2008 :  05:00:15  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Hi ChocolateOne.

You have a duty to inform the OR of any change in your personal circumstances. If this means you need to get a place on your own, then the OR can review your monthly payments accordingly.

Your best friend is legally your creditor, not the CC company. Therefore, your debt to her is written off, but her debt to the CC company stands.

The OR will allow to access to monies you need to live on. If there is not much in the account, ask them to write a letter to the bank who will then be able to un-freeze the account.

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

United Kingdom
126 Posts

Posted - 13 October 2008 :  19:42:46  Show Profile  Reply with Quote
The issue with the money I owe to loan sharks obviously worries me, but it isnt something I can involve the courts or police in.

With my best friend, its a morals/principles issue. We had a huge row a while back because I couldnt afford to give her more than £50 that month. In a heated argument where I had said I was trying my best & going against the advice of the CAB by paying her, she told me she was going to take me to court. While this has passed now, I cant help but wonder how I stand there legally. I am paying her cash payments which I actually cant prove, aside from by her word of mouth. Its very sticky.

My bank account has now been frozen - I went to use the machine on Friday evening and wasnt able to. I couldnt contact either the bank or the OR because it was the weekend and I only got to speak to him today. He got passed around call centres trying to speak to my branch manager and by close of business nobody had gotten back to me. From what my OR said it seems my particular bank (Ulster) can be funny about having bankrupt customers and just not allow the account to be used again.

Is this true? What would happen do you think to the money that was in there on Friday? its only about £100 (was to do me a week) but Im expecting my monthly tax credits on Friday. Im not sure if I should ring them and ask to be sent a giro for this month's tax credit.



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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 13 October 2008 :  20:24:57  Show Profile  Reply with Quote
Hi there

I just wanted to say that seeing as you are meant to get your tax credits paid in on friday i would call them and ask for a giro.

If you dont then it may ber very hard getting your money back from the bank altough not impossible and obviously you need it to live on.

Take care

Jo x
Your Mother Hen :-)

Please visit my blog for info on how I got here and other information to guide you through from my experience called:

"Mother Hen's New Debt Free Life with Links and added info on Bankruptcy!" available to view at:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/
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ChocolateOne
Junior Member

United Kingdom
126 Posts

Posted - 13 October 2008 :  22:28:32  Show Profile  Reply with Quote
Thank you very much MotherHen and also to Julian for your advice. :D

I think Ill call them tomorrow and see if I can have the auto payment to my account stalled... if it isnt too late already!
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