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starboy
Starting Member
35 Posts |
 Posted - 09 March 2009 : 21:54:49
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| HEY AM NEW THINKING ABOUT B/R CAN YOU TELL ME IF I CAN KEEP MY CAR .IT IS X REG WORTH ABOUT2.500 |
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John
New Member
United Kingdom
73 Posts |
Posted - 09 March 2009 : 22:40:13
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Hi
at that value if you can evidence the fact that you need the car for work purposes or other essential journey's you should be ok. If I were you I would value the vehicle a little lower and let the OR come up with their own estimate of it's value as the figure you have quoted of £2.5K is borderline acceptable. £2K is acceptable.
John White
England Jackman & Spacey |
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starboy
Starting Member
35 Posts |
Posted - 14 March 2009 : 09:51:01
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Thanks for your help.I been to see my local cab.There thinck it is the best option.My first concern is my wife had a breakdown at xmas
SHE MIGHT never work again.My wife is 40 I have spoken to her GP there have said she could end up in hospital when she sees it in our local paper.At the moment she is shaking thinking it is in the paper now .Thats with us not filling the forms in Her doctor has asked can this not go into the paper. Can you give me some advice |
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John
New Member
United Kingdom
73 Posts |
Posted - 14 March 2009 : 11:05:28
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Hi
there are no guarantee's but there is a procedure for application which may help.
Contact the court in which you will be declaring bankruptcy and ask them to explain their procedure for you to apply for a Stay of Advertisement prior to petioning the court with a Debtor's Petition for Bankruptcy.
Establsih how this works in your court (don't let anyone fob you off this is a bona fide process but whoever you speak to first at the court may not be aware of it) and which forms you need. It should cost in the region of £30 in court costs to make the application. Complete the application form and get a letter in support from your wife's GP to present to the judge on the day your application is heard.
If successful at the very least your address and occupation my be withheld from the advertisement although it is unusual for the judge to agree that your name should not be advertised either.
But if you don't try you will never know.
The very best of luck on the application and best wishes to your wife for a full and speedy recovery.
John White
England Jackman & Spacey |
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starboy
Starting Member
35 Posts |
Posted - 14 March 2009 : 12:40:40
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Thanks john i was shaking just reading it.i will keep you in touch
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starboy
Starting Member
35 Posts |
Posted - 14 March 2009 : 19:16:26
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| Hey. This is a joint b/r can i still fill the forms in |
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John
New Member
United Kingdom
73 Posts |
Posted - 15 March 2009 : 18:18:40
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Hi
there is no such thing as a joint BR.
You and your wife must petition the court seperately.
John White
England Jackman & Spacey |
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starboy
Starting Member
35 Posts |
Posted - 15 March 2009 : 19:35:25
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| Thankyou for your help.Idid word that wrong.what i meant to say can both of us fill the forms in so as a couple our names COULD BE KEPT OUT OF THE PRESS ON MEDICAL GROUNDS |
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John
New Member
United Kingdom
73 Posts |
Posted - 15 March 2009 : 21:20:55
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Hi
as per my previous post regarding Stay of Advertisement you can but try. It may be that you will need to apply for the Stay seperately too which means 2 x fees of around £30
John White
England Jackman & Spacey |
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starboy
Starting Member
35 Posts |
Posted - 16 March 2009 : 16:37:29
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| TELEPHONED THE COURTS TODAY.THERE SAID RING TOMORROW AS THE MAIN PERSON IS BACK IN SHE SAID SHE HAS HEARD ABOUT IT BUT THOUGHT YOU WOULD HAVE TO SEE THE JUDGE ON THE DAY .FIND OUT TOMMOROW |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 March 2009 : 16:47:19
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Hi
I have known certain courts to advise people that the decision to stay an advertisement lies with the OR and not the court.
So the person unwittingly petitions for bankruptcy, the papers go through to the OR and because the court have not granted the stay the advert was published. All because of incorrect advice.
Likewise I have known cases where a person goes to the court with the petition and is advised to ask the judge re the stay application on the day. This is what appears to be the advice you have received.
The problem is that you won't get to see the judge unless you have already submitted your papers and payment in respect of your bankruptcy to the clerk. You could then see the judge and state your request for a stay of advertisement.
If it is granted then fine. But if it is not then you will have to make a decision there and then as to whether or not you want the petition for bankruptcy to continue or cease proceedings there and then. If you opt for the latter it is my belief that you will not be refunded the fee.
I would call the court again and stipulate that you would like the Stay application to be heard on a day BEFORE the date of your hearing regarding the debtor's petition.
John White
England Jackman & Spacey |
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starboy
Starting Member
35 Posts |
Posted - 16 March 2009 : 17:45:45
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| Thanks John.See tuesday.What is or |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 16 March 2009 : 18:57:23
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Good luck with getting a stay of advertisement Starboy, you really deserve a break.
The OR is the Official Receiver whose job it is to conduct your interview and establish the reasons for your BR and whether you need to make any payments. Rather than dealing with the OR him/herself you will deal with an examiner, so don't worry!
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
21 IPA payments made, 15 to go - on the home straight! |
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starboy
Starting Member
35 Posts |
Posted - 17 March 2009 : 16:37:19
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| Hi.telephoned my local court.There say there is no forms or payments maybe in other courts.You just see the judge on the day.Idont know if that is good news or not.There say it is very rare this happends.Also it will help with a letter from our GP |
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starboy
Starting Member
35 Posts |
Posted - 18 March 2009 : 16:45:51
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| HI can any thing else can be done Can something like a solicitors letter do any good.My wife is thinking about it all the time |
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YNWA
Starting Member
11 Posts |
Posted - 19 March 2009 : 18:24:51
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I doubt a letter from solicitor would do any good. What is the problem with a few little lines appearing in the paper? You are your own person and should not be worrying what people think of you, why should you care? If someone is such a horrible person that they judge someone and think bad of someone for going bankrupt then I can say that you do not need friends like that. It is times like this that you really know who your friends are.
It is not as if everyone looks in that section either, tell your wife there are more important things in life than money which I know is harder said than done. Watching things like comic releaf and other programs really put our problems into perspective, at least we have a house and food, nhs etc.
Also try not to worry what other people think, why should people think bad of people just because of bankruptcy? Especially in this day and age when more and more people are having to do it.
At the time in 2005 when I made myself bankrupt, I was quite worried about money and I was only very young living with my parents, what I don't get is why on earth the banks lent £72,000+ to someone in late teens and early twenties too. So I am quite pround of the fact that I stood up against the banks and did it, I fought back. Once the bankruptcy was declared I knew I could ignore all those potential letters that I would get and all that debt was just gone.
So think of it as a new start, yes there are some penalties but it is not that bad. Life goes on. If you are considering bankruptcy then things must be bad in terms of money, dont delay the inevitable just for worrying about someone's opinion (who will probably not even read it anyway), get it over and done with and start a fresh. Your mind will isntantly clear of worry.
I know things on the internet / email can be taken the wrong way, so do not take this the wrong way I am not meaning to be nasty, just say it like it is.
Good luck with it all - take a stand against the nasty banks and stop their horrible ways!
P.S Stop using CAPS IT IS SHOUTING!!! |
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I am thinking about br.
