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MW1266
Starting Member
United Kingdom
7 Posts |
 Posted - 13 November 2009 : 21:34:10
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Hi everyone and I would like to say what a great site and just hope someone can help me.
I have debts of about £30k im not a home owner and now only working 16hrs wk roughly £100.00 take home pw. This goes straight to my girlfriend towards bills food etc. So have no money what’s so ever to pay for anything
I owe Bank £5000 for a loan, and £1200 OD, Credit card £7500.
What is worrying me the most is I was in hospital 2 years ago having a major operation to remove part of my intestines because of Crohn's Disease.
My step sister stepped in to help and paid off some of my loans, (£12000) which I didn’t want her to do but she insisted to help me which I thought was lovely of her but told her I could never pay her back. Now she’s taken me to court because im not able to pay anything back to her I’ve told her my situation but she wants £300 per month. I don’t need this stress at the moment because am very ill with my Crohn’s and think would it be best to go BR and get rid of all my debts which I cannot pay back. I have no assets I did pay back a £50.00 a month of a while but told her I couldn’t do it no more.
All this stress is really making me worse not sure what to do please help..
Mark.. |
Edited by - MW1266 on 13 November 2009 21:36:50 |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 13 November 2009 : 22:31:40
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Hi,
As soon as you can raise the fees of £510 then you can go bankrupt. You just need to fill in the forms, which you can do online, and then either make an appointment or turn up at court, depending upon which system your court uses.
Your stepsister is not being very sympathetic in my opinion. Have you told her that you may have to go BR? If you, and if you don't have a lot of disposable income, she is likely to end up with nothing.
The glimmer gets brighter all the time
Jan
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 13 November 2009 : 22:50:19
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Hi Mark
I am inclined to agree with Kallis 3 insofar as your step sister is being unsympathetic - not maybe for me as an outsider to say - but looking in...
If you do file for BR - she will be a creditor and therefore cannot be given any priority as a creditor and therefore is likely to get nothing at all
It is difficult and when money is loaned within a family it is stressful and can bring total disquiet and illfeeling - I hope, for all your sakes (and maybe particularly you) this does not happen,
My regards, Richard
"There are no problems - only solutions..." |
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MW1266
Starting Member
United Kingdom
7 Posts |
Posted - 14 November 2009 : 05:01:02
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Thank you so much for getting back to me so quickly. I just do not know where to start or what to do. I’ve told my step sister my circumstances but she just doesn’t care,, she says my girlfriend should pay, And I shouldn’t be paying my girlfriend any rent etc. I just never thought my step sister could be so malicious. But you live and learn I suppose.
I don’t want my girlfriend involved with this dispute what’s so ever, my so called step sister thinks she can get the money from my girlfriend and threatening taking her car and home, she can’t do that can she.
Im so depressed its unreal, I nearly died 2 years while having the Crohn’s operation and catching the super bug while in hospital and ending up in Intensive Care for 2 weeks that’s when everything in my life seems to have gone wrong.
I don’t want to end up back in there and my 3 daughters seeing me like that again!!
So that’s why I wanted to know if I could and should declare myself BR.
Im only 43 years old and feel like 73 but hope that one day I will be clear from the pain of Crohn’s disease and free from debts which I never wanted to get into in the first place, but illness comes to people at any point in their life, and can turn it upside down.
So please, any help/advice/information is much appreciated so I can get this immense worry of mine and my girlfriends back.
I just can’t afford to go to a solicitor otherwise I would and have them sort it out with her, and send letters back to her which might put her back in place. Or is there a web site where I could get letters which are pre written by solicitors that could be copied and pasted and sent by me, to her?? (i.e.: this is a letter to inform you that Mark ---- is declaring himself BR?)
Kindest regards
Mark
PS: sorry for opening out to you all, but even this is taking some weight off my shoulders. Thanks again
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 14 November 2009 : 09:31:16
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To declare BR you can find your local court at http://www.hmcourts-service.gov.uk/HMCSCourtFinder/CourtList.do You should contact them and find out the procedure for declaring BR. Some have an appointment system and others just let you turn up on the day. If it is an appointment system then it can take 4 weeks for your appointment.
The forms are located at http://www.insolvency.gov.uk/forms/englandwalesforms.htm You need forms 6.27 and 6.28 and there is a guidance form as well for more information.
It's probably easier to complete the forms online - http://www.insolvency.gov.uk/doitonline/doitonlinemenu.htm and then just print them off once you have completed them.
You will need 3 copies of the 6.27 and 6.28 forms to declare BR except at the High Court where you only need one copy. Don't sign the forms before you go to court as they need to be signed in front of the bankruptcy clerk.
Regarding your step sister there are some letters to creditors at http://www.insolvencyhelpline.co.uk/general_debt_advice/letters_to_creditors.php The important thing is not to enter into any agreement with her if you cannot afford it. Even if she takes you to court you can inform the Judge that you are planning to declare BR. You could offer her a token payment of your debt with her however you cannot be seen to show any favouritism to creditors. That means that if you pay your step sister a token amount (this can be as little as £1) you must also pay the amount to all of your creditors.
I would say that you should treat your step sister like any other creditor. That means you should write them a letter stating your financial difficulties, that you are unable to make any payment (or offer a token amount) and that you will be declaring yourself BR in the near future.
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 15 November 2009 : 15:30:27
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Hi Mark
sorry to hear about your predicament.
the priority is your own health and that of you immediate family (your daughters)
Personally i would not get into the solicitors letters, once you have declared yourself BR, if a creditors continues to hasstle you then the OR should be informed, who will deal with it ! You will be in trouble with teh OR if you treat any creditor any more favourable than any other
yes it is difficult with family but you have tried to reason with her.
your age for BR is not a consideration, it is wether BR will help your circumsatnces
what court are you going to apply to for BR, perhaps someone on this forum has also been to same court and may be able to give support
good luck and regards Richard P |
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MW1266
Starting Member
United Kingdom
7 Posts |
Posted - 16 November 2009 : 19:20:06
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Thank you Jan and Richard for your kind words…
I should think it will be Conwy/Denbighshire Courts, and will I have to still pay people back after the BR because I just don't have any money at all spare each month, and im not sure when I will have any..
And what does the OR do?? Or do the debts get wipe cleaned and I owe nothing to anybody I just don't know how it all works sorry.
Just getting worried that debt collectors will start knocking my front door,
Im going to try and work out how to raise the £510 money for the BR so its all off my shoulders and I can start to concentrate and get healthy again..
Once again thanks for all your help and support in the matter
Kindest regards
Mark
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chester2005
Average Member
United Kingdom
786 Posts |
Posted - 17 November 2009 : 00:41:30
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if your Disposable Income is less than £99 per month there will be no contributions for you to make towards your debts once BR
the OR's job it to try and raise/release any equity from any assets you have ie. car house, and share it between your creditors. Also to try and ascertain if you have been fraudulent with your application, tried to hide any assets, or been reckless with your borrowing knowing you would not be able to pay it back, or gambled it away.
Dave
Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurman)
RevivaUK helped me through it all i can't recommend them enough!! |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 17 November 2009 : 10:38:06
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Hi mark
i think that the fear of the debt collectors turning up at your front door , kicking their way into the premises was my biggest fear.
my wife was more concerned than I, but we were under the misguided impression that as soon as we stopped paying the first bill the baliffs would be coming ! HOW WRONG
they banks and other lenders have a process that they have to go through, it starts with phone calls, then letters, then more letters , then they pass your debt onto a third party, then court, then baliffs, this process can take months.
if you are finding the whole process over whelming and feel that it could effect your health, speak to one of the experts, they will help knock out lots of the myths
good luck Rich |
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memphisd56
Junior Member
United Kingdom
112 Posts |
Posted - 17 November 2009 : 16:11:23
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Hi, Just wanted to wish you well....as i suffered the same as you, 3 years ago....nearly died, super bugs..long time in intensive, finally confirmed Crohns.
This is just to assure you that all will be well. I was discharged in August....6 monthe early, due to this condition, and was alllowed to keep my car, as i said i needed it for hospital visits.
Hope this helps... |
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MW1266
Starting Member
United Kingdom
7 Posts |
Posted - 23 November 2009 : 14:06:30
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Got RMA baliff's coming Friday don't know what im going to do, I have my date for BR which is the 23rd December 09. Thanks for all your support and advice
Kind regards
Mark |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 23 November 2009 : 14:50:29
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Are you sure this is the bailiffs? I had a MBNA CC and they transferred the debt to RMA who put a card through my door saying they would turn up on a particular day. I was home most of the day and they never turned up.
If this is the same RMA that MBNA use they are NOT bailiffs but debt collectors. If they come to the door just politely tell them that you have booked your BR appointment and you will not be repaying the debt.
Debt collectors do no have any powers to enter your property or take any goods in lieu of payment. |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 23 November 2009 : 15:06:25
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Hi
Do not worry, RMA are NOT bailiffs - they are a debt collection agency and as such have no real powers.
You do not have to let them in and they cannot take your goods - I suspect there is no judgmenet on the debt and thereore another reason not to worry.
I am sure more will post to this efect, Regards, Richard
"There are no problems - only solutions..." |
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Niobe
Administrator
United Kingdom
4590 Posts |
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How long does it take to be come BR??
