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SUZ.
Junior Member
United Kingdom
183 Posts |
 Posted - 02 May 2008 : 12:56:43
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| I AM NEW TO THIS SITE!! JUST NEED SOME HELP!! I AM REALLY WORRIED AS I HAVE HAD TO GIVE MY BUSINESS UP( SHOP ) HAVE A THREE YEAR LEASE BUT HAD NO CHOICE BUT TO CEASE TRADING AS MY YOUNGEST CHILD BECAME ILL AND WE WERE IN HOSPITAL FOR WEEKS!! HE HAS BEEN DIAGNOSED WITH A SERIOUS ILLNESS THAT NEEDS 24/7 CARE. MY LANDLORD HAS NOT BEEN SYMPATHETIC ABOUT THE CIRCUMSTANCES AND HAS THREATNED TO SEND BAILIFFS AND TAKE ME TO COURT FOR THE REMAINING 20 MONTHS LEFT ON THE LEASE.I HAVE LOADS OF DEBTS FROM THE BUSINESS( BANK OVERDRAFTS- £6,000. WHOLESALE BILL £3,000. BUSINESS RATES £740.00 ALSO I OWE £2,000 VAT.AND ALSO MY OWN DEBTS- £1,600 CREDIT CARDS, AND LOAN I TOOK OUT IN THE BEGINING OF THE BUSINESS TO PAY BACK MONEY I HAD BORROWED AND TO HELP WITH MY OWN PERSONAL FINANCES.LOAN £8,000) AM JUST SO WORRIED AS I HAD NO CHOICE, I NEED TO LOOK AFTER MY CHILD!! AND COULD NOT PHYSICALLY OR MENTALY KEEP RUNNING THE SHOP, WE HAVE VISITS TO THE HOSPITAL A FEW TIMES A MONTH, THE PROPERTY I LIVE IN BELONGS SOLELY TO MY HUSBAND( HIS NAME IS ONLY ON THE MORGAGE AS HE BOUGHT THE HOUSE 15 YEARS AGO) I HAVE LIVED IN THE PROPERTY FOR 5 YEARS, I DONT HAVE ANY ASSETS AS THE CONTENTS BELONG TO MY HUSBAND, ALL I HAVE IS DEBTS AND SO MUCH WORRY!!! DONT KNOW WHAT TO DO?? CAN THE BAILIFFS TAKE ANY THING FROM THE PROPERTY?? AND DO I HAVE TO LET THEM IN?? REALLY AM SO WORRIED!!! HAVE HAD A LETTER FROM THE LANDLORD TO TELL ME HE IS GOING TO INSTRUCT BAILIFFS. WORRIED EVERYTIME THE DOOR KNOCKS!! I REALLY DID NOT WANT THINGS TO TURN OUT THIS WAY, BUT WITH THE UNFORSEEN CIRCUMSTANCES REGARDING MY CHILD I HAD TO CLOSE THE SHOP, I COULD NOT AFFORD ANY STAFF AS THE SHOP WAS NOT TAKING ENOUGH TO MEET THE OVERHEADS! MY HUSBAND CAN NOT HELP PAY ANY DEBTS AS HE IS ONLY WORKING PART-TIME AND PAYING OTHER BILLS. WHAT DO I DO FOR THE BEST?? REALLY FED UP OF FEELING SO WORRIED AND SCARED EVERYDAY!!! PLEASE GIVE ME SOME ANSWERS.....I AM IN RECEIPT OF CHILDRENS TAX CREDITS AND FAMILY ALLOWANCE SO I JUST CAN NOT AFFORD TO PAY ANYTHING TOWARDS THESE DEBTS!!!DONT KNOW WHAT TO DO!!!!!........ |
Edited by - SUZ. on 05 May 2008 13:27:30 |
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m and v
Average Member
United Kingdom
760 Posts |
Posted - 02 May 2008 : 13:46:47
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Hi there - I'm afraid I am not an expert but there will be one along soon to answer your questions. I have had debt problems for years and just gone bankrupt and this forum have supported me through that. You will get lots of help - just hang in there.
As for your landlord - its in his best interest that you don't go bankrupt as he will become just one of your creditors and won't get anything like the amount you owe him. Bailiffs and court will all cost him too and as far as I am aware bailiffs are instructed by a court so they can't just turn up and demand money - hopefully an expert will confirm that very soon.
I know exactly how you feel - money/debt worry is horrible, but you have taken the first step to sorting it out and the experts will be online soon to help you.
Take care
Vicki x |
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SUZ.
Junior Member
United Kingdom
183 Posts |
Posted - 02 May 2008 : 16:50:23
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| Thankyou vicki for your reply!! it helps to know that others have been through all the worry and survived! feel a little better about the bailiffs, just worried as i dont know what they could do or take!or what is going to happen next, the not knowing is the worst!!.. |
Edited by - SUZ. on 02 May 2008 16:52:51 |
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m and v
Average Member
United Kingdom
760 Posts |
Posted - 03 May 2008 : 08:28:46
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I know - I dreaded the postman arriving, the phone ringing - its no way to live. I think all the experts must have been at the debt debate (on the events link) yesterday so they will be about soon to answer the main bits of your question.
I hated the thought of going BR but if I'm honest its the best thing I have ever done. There is always a way to solve debt problems.... you'll get there.
Vicki x |
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missey
Junior Member
184 Posts |
Posted - 03 May 2008 : 11:37:18
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iya
I presume you are already getting Council Tax benefit? You can't get housing benefit for your rent as the father of your child owns the property, but at least you can get about with your council tax bill.
Also if you're not working make sure you have claimed for Income support and child tax credits. If you get it you should get the council tax bill paid in full. You could also ask about getting the council tax benefit backdated. As your child is ill do you get disability living allowance for them? if not apply now. If you do decide to go bankrupt you should only have to pay about £350 not the £495. The situation you are in bankruptcy may be your best option, and if you are on income benefits you will probably be discharged early- about 8/9 mths.
But you do need to make sure that you get proper advice from an IP or solicitor as the Judge won't let you go bankrupt if you haven't.
You shouldn't feel ashamed its all about getting it sorted and moving on with your life for you and your child
if your landlord does instruct bailiffs tell them you will be going into an IVA or going bankrupt- this should put them off for a while- don't let them bully you they don't really know much about it and will try to scare you - they couldn't believe that you can do it yourself and at some courts you just turn up first thing, the hearing takes about 10 min depending on your circs and then you are declared bankrupt- they will make you feel like it can take months to sort out
take care & definitely get some legal advice before making a decision
c x |
Edited by - missey on 04 May 2008 11:38:29 |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 04 May 2008 : 17:20:51
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Hi Suz,
Vicky is correct that bailiffs can not be sent directly to your home your ex-landlord would need to obtain a County Court Judgment (CCJ) first, when the claim form is entered for the CCJ you would be able to admit the debt and explain your circumstances and even make an offer to the court.
I would, however seek some advice from one of the experts or use the helpline number to give you some advice on your situation.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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SUZ.
Junior Member
United Kingdom
183 Posts |
Posted - 04 May 2008 : 18:41:01
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| Thankyou julian for your reply, it makes me feel a little better to know that bailiffs can not just call at the house without notice from the court, also what would happen if my ex landlord did go to the court to make me bankrupt i am worried about a loan i took out in 2007 and increased it in march 2008 to help financially with everyday needs, as the business could not afford to pay me. i have not paid the first payment for the new amount as yet, but i did not know things were going to turn out this way, am really worried about how it will look.i did try to keep the business going but got to a point that i just knew i could not possibly afford to keep funding the shop and also needed to look after my child. what would happen about the loan? the loan was for £5,000 in 2007. then i increased it £3,000 in march 2008. I did pay £500 vat. |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 04 May 2008 : 20:52:36
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Hi Suz,
I would not worry unduly, as the £500 payment would be classed as an interest payment being paid.
Your situation gives good cause for your problems and clearly shows a catalyst to your problem which is what an OR in Bankruptcy will want to see.
They will be looking to see if your conduct could be considered wrongful, however from what you have said I can see no reason they would.
The info you have posted on your husbands property could however be of concern.
You say that he owned this for 10 years prior to your moving in, however did you make any contributions towards mortgage or bill payments in the time you have been there as this could give you a marital claim over the property which an OR could claim in Bankruptcy.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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SUZ.
Junior Member
United Kingdom
183 Posts |
Posted - 04 May 2008 : 21:59:00
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Hi julian, i have never paid any morgage payments or contributed towards any of it, ( i would not even know how much it was, thats how much interest i have taken in it) my husband bought the house with his parents over 20 years ago, his parents have both passed away now so the morgage is soley in my husbands name.
The only things i have paid are the electricity and gas, but not all the time, i would be even more worried if i thought all my debts would have an impact on the house, i recieved a letter from my ex business landlord and he states that he is going to the courts!! i have tried to speak to him but he is not a very understanding man, he said i have breached the lease therefore he is going to instruct baillifs and get all the money owed! i dont know what to expect now!! |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 04 May 2008 : 22:45:27
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I suspect that he is not familiar with procedures for claiming back money and is frely using the word BAILIFF to firghten you. The important thing for him is to re let the property quickly and this will then provide him with an income and confirm the shortfall that he will look to you for.
Once this in quantified then you are in a position to look for soutions.
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com |
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SUZ.
Junior Member
United Kingdom
183 Posts |
Posted - 05 May 2008 : 23:26:54
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| What julian said about the property has concerned me!! where do you think i would stand with this in bankrupcy?? the worry is getting too much now and i will need to sort it out in the next few weeks!! but am worried about the property!!! |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 06 May 2008 : 13:15:00
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Hi Suz,
From your reply I can see that you have not paid anything towards the property and have no involvement towards payment and up keep.
That added to the fact the property was owned by your husband for considerable time prior to your marriage I do not think this should cause you any concern with regard to Bankruptcy proceedings.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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SUZ.
Junior Member
United Kingdom
183 Posts |
Posted - 06 May 2008 : 15:19:26
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| Thankyou julian for your reply!!!!! |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 06 May 2008 : 15:35:47
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Hi Suz,
No problem and good luck in your endeavors
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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Topic |
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NEED SOME ADVICE!!!!
