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 Happy New Year to Everyone!Can anyone help me
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xmas baby
Average Member



537 Posts

Posted - 09 January 2009 :  23:04:40  Show Profile  Reply with Quote
Happy New Year to Everyone!

Can anyone help me with this question please? I am currently considering either an IVA or bankruptcy. I have already spoken to my creditors (credit card) and informed them I am only able to make token payments of £50, as from January 2009. The problem is that I also have a loan with my bank and the monthly payment on this is £406. However, they have received this payment for January and I don't yet have another bank account set up, so I am unable to transfer funds from my present bank account. Until I have a separate bank account, I cannot stop the direct debit from going out as this will mean me going into the bank and asking them to cancel the loan direct debit, which I am sure they won't agree to without asking why. This is very confusing. I'm worried that any future dealings with the OR/IP will see this as preferential treatment over other creditors.

Can anyone please advise me?

Thank you

Keith

dazed and confused
Junior Member



United Kingdom
475 Posts

Posted - 10 January 2009 :  13:44:56  Show Profile  Reply with Quote
Hi Keith and Hppy New Year to you too!

I would suggest that you open a new Basic Bank Account with a different Bank right away and get all your pay / bills / Direct Debits etc. paid into and coming out of this.

I opened 2 online a few months back and I was in the same situation as yourself. I did it online and the Accounts were up and running within days.

I am not sure if what you said would be classed as preferrential payments but there is surely a chance that it would be.

Then you could make equal token payments to all the Creditors and give you a bit more time to decide what you are going to do - IVA / BR.

From my experience (I went BR on 05/01/09) I would suggest you make your mind up pretty quickly and stick with it - I like you worried and thought about it for a long time and those weeks / months were hell - sleepless nights etc.

You will feel a lot better once you have got the ball rolling and can see a route to follow.

Good luck with it all and keep posting.
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John
New Member



United Kingdom
73 Posts

Posted - 10 January 2009 :  16:26:29  Show Profile  Reply with Quote
Hi

for the sake of one monthly payment to a single creditor I really would not worry about preferential treatment.

If the OR picked up on it from your records, which I would doubt, then if they choose to do so they can reclaim it.

The only time it is likely to impact on a bankrupt is if the preferential treatment favours a spouse, friend or relative.

www.Bankruptcyhelp.org.uk
0800 078 9367
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Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 10 January 2009 :  16:31:50  Show Profile  Reply with Quote
I agree John

it does seem that preferential treatment seems to only apply to friends and family.

I assume creditors have big legal departments

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK

Real People ..... Real Debt Solutions
www.revivauk.com
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