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storm
Junior Member
United Kingdom
232 Posts |
 Posted - 24 April 2008 : 13:31:17
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After the advice on my last post and sorting a bank account with Think Banking I am now wondering where do I start with filing for BR.
Having already come to the conclusion that an IVA is out of the question as I cannot afford to pay it I am looking towards the last step of BR.
How do I get started?
What do I need? i.e letters?
Do I need to go to a CAB who never answer the phone?
Do I have to set a date with the court when I phone up to get the application form?
The last few weeks have been a nightmare with money worries and with NatWest closing my account and all my money being sent back to the payers, which I am currently outstanding 1 payment but it is being sorted finally, the last few weeks have been very hard.
I'm not worried about my car even though its a 2006 56 plate Vauxhall Zafira I know the OR would love to have that but as its a mobility car I am not worried as hope its safe as I don't own it. Am I right to think that???
Any help of being pointed in the right direction would be gratefully recieved |
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AlanO
Junior Member
United Kingdom
259 Posts |
Posted - 24 April 2008 : 23:13:41
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Hi Storm,
You will need to ascertain what Court has Insolvency jurisdiction for your area - if you advise of your Town then we can point you in the right direction.
Each Court has it's own procedures; in some you have to book in advance, others you can walk in, some you hand the forms in prior to the hearing and in some you don't even sit befor a judge.
The NatWest situation must be frustrating and it will be important for you to arrange alternaive banking.
With regard to the car a word of caution - before you decide to move forward check your specifics through with an expert. The areas that they will need to review are purpose of use, finance outstanding - cost of finance, cost of running etc
All the best Alan
www.debtdr.co.uk
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melanie_giles
Senior Member
1191 Posts |
Posted - 25 April 2008 : 00:04:15
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Surely the car belongs to Motability - and is not therefore an asset of the estate?
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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AlanO
Junior Member
United Kingdom
259 Posts |
Posted - 25 April 2008 : 00:12:23
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I agree that the car is unlikely to be an asset of the estate - however my main concern would be if running costs - including the Motability payment would be considered expenditure of choice rather than essential
All the best Alan
www.debtdr.co.uk |
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storm
Junior Member
United Kingdom
232 Posts |
Posted - 25 April 2008 : 00:46:27
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I am in reciept of Higher rate Mobility allowance which is paid monthly directly to motability for the car. The tax is free as such its registered as a disabled vehicle and I don't pay insurance as its covered for 3 years (2 years left) by RSA insurance. All the servicing is done by a vauxhall dealer and paid for by motability. My only expense for the vehicle is fuel (and we all face the spiraling cost there).
My local court is Blackwood County court South Wales and I have checked on the HMCS web site and they handle BR.
I have opened an account with Think banking already.
I am just unsure now of where to start with proceding with a BR claim.
Any help here is gratefully appreciated. |
Edited by - storm on 25 April 2008 00:47:56 |
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Helpful Advice
Average Member
United Kingdom
646 Posts |
Posted - 25 April 2008 : 08:51:22
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Hi Storm,
Your car will not form part of the Bankruptcy and the payments will be allowable as this is Mobility.
Now that you have identified your local Court give them a call and ask if you need to make an appointment or just attend on the day.
Then you need to download the forms, they are available from the Insolvency Service website in both PDF and WORD format.
You will need to download form 6.28 statement of affairs and form 6.27 Debtors Bankruptcy Petition.
Then you need to start filling in the forms in preparation for the court.
Any help or questions you have on filling these in then post questions and the experts will try to help as best we can.
Kind Regards,
Brett England
Bankruptcy Specialist
England,Jackman & Spacey
WebSite www.ejands.co.uk
View my personal story & blogs at:
http://brettengland.blogs.bankruptcyhelp.org.uk/ |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 25 April 2008 : 09:44:42
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How could Motability be classed as an expense of choice? It's a nessecary expense for someone who is disabled and if the OR tried to say it's a choice I hope it would be argued and over ruled.
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/ |
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storm
Junior Member
United Kingdom
232 Posts |
Posted - 25 April 2008 : 13:27:28
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Do I need to contact my local CAB or phone one of the specialists company's from this forum before applying as I have read that you need to prove that you have tried or sought advice on IVA's before the court lets you apply for BR??
I have looked through the main site here and cannot afford any kind of IVA so BR s really my only option.
Sorry starting to sound thick now but reading and re-reading posts I fnd that I am always noticing something I didn't notice the 1st time round |
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storm
Junior Member
United Kingdom
232 Posts |
Posted - 25 April 2008 : 18:19:29
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| I have looked on the HMCS website and found the forms in .pdf format only. Where can I find the forms in word format please |
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debtfreesusie67
Junior Member
256 Posts |
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pix1
Average Member
689 Posts |
Posted - 25 April 2008 : 22:34:44
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| After your bankruptcy order try again to open an account with coop, Barclays or Nationwide. Be sure to specifically state you are bankrupt to make sure they know what facility to put you on. Maybe they have tried opening a normal bank account and the credit record check has gone wrong. It happened to me a few times pre bankruptcy. |
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Where do I start??
