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dawn74
Starting Member

3 Posts

Posted - 15 December 2009 :  16:24:33  Show Profile  Reply with Quote
Hi
I am 35 and always worked up until 5 years ago when i had an accident and broke my back. I have metal work holding my spine together and i never let the fact i was no longer working really bother me as my solicitor said it was a substantial claim as the accident wasnt my fault. I have 35 grand worth of debt which my boyfriend incorperated in with his mortgage that came from my ex husband when i left him he failed to pay the mortgage and also failed to tell me he wasnt so the house go repossed and i was responsible for half (thanks ex husband) he also spent our daughters university bond too but thats for another day! Then when i was working i was made an award from working family tax and child tax, it really helped me and enabled me to get proper childcare until one day 2 guys walked into my work from the inland revenue, I took them into our meeting room where they informed me they had been paying me far too much money and i now owe them just over £10k to be paid back within 14 days. This had to be paid on a credit card thats all i could do. Then after breaking my back i have been unable to work and get disability and incapacity as it is hard for me to get around. Basically my debts have risen and i now owe about 16k and i am £1000 over drawn simply because more goes out than comes in. My daughter goes to uni next year i cant pay her fees and not entitled to anything because my partner earns too much money even though he got made redundent this time last year and he took a job paying £20k a year less than what he was on so his funds are tight too. I dont know what to do i am really stuck in a deep hole and i cant afford the fees to make me bankrupt and dont know if that would have any impact on my daughters future. Please someone???????

dawn74
Starting Member

3 Posts

Posted - 15 December 2009 :  16:28:06  Show Profile  Reply with Quote
Oh and forgot to say my whole claim for compensation fell over because i suffer from Bipolar and cant take the stand in court on that basis so it all fell in around me. So what would have dug me out of everything will never happen. So it is ok to snap someones spine it 3 but before you do it make sure they have Bipolar and it is all completely free. Wouldnt care but didnt have depression or bipolar before my back broke
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Richard P
Senior Member



United Kingdom
1701 Posts

Posted - 15 December 2009 :  17:18:07  Show Profile  Reply with Quote
Hi dawn

really sorry to hear your difficulties.

the first answer is your financial circumstances will not effect your daughter and University, unfortuantly your dream of being able to pay for it will be unlikely. so she will, for now have to rely on Govt grants.

with your current situation, it is likely that you will be entitled to a BR reduction fee (£160), this still does not help with the full situation.

is your debt 16k plus your overdraft or 26K plus your overdraft ?, I am not certain but have read about debt relief orders perhaps the next person reading this will clarify DRO and limits, this may be approriate for you .

sorry i could not offer more direct answer but good luck

regards Richard
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RHB
Senior Member

1159 Posts

Posted - 15 December 2009 :  18:37:29  Show Profile  Reply with Quote
I would try & look at the overpayment of tax credits, usually you have a year to pay it back were you being accused of claiming when you shouldn't have? I would involve your MP on this one because you may well get a 10 grand refund if they were in the wrong.

Whhat about your daughters dad? Maybe if she approached him he could help her in some way?

Is it too late to make another claim because surely if you are unable to take the stand because of the accident & a doctor can back you up then something can be done? Surely your solicitor should have told you this before it went to court?


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dawn74
Starting Member

3 Posts

Posted - 16 December 2009 :  15:09:35  Show Profile  Reply with Quote
Thanks for the advice no it is £16k plus £1k overdraft. My daughters father isnt worth the ground he walks on he is useless h got me in this mess n the first place by getting the house repossessed when i left then spending her university fund.

Ithe !0k i had to pay back, not sure if you remember but when they started WFTC they gave out the money then realised they had advised wrongly and started to recall the money. I had 14 days to pay it back in full or i could pay it over time with an interest rate of 29.9%. Shortly after i paid it back it was taken to the high court and it was judged that they should have paid more attention and people now dont have to pay it back unfortunately i had paid mine and whilst i tried i wasnt entitled to it back.
With court they deemed that i was an unstable witness due to the bipolar and my statement couldnt be held up in court, and now it is too late as i am now 5 years on it took 4 years to get to that point.

I anm hoping my daughter is entitled to a grant but i wnt hold my breath as my partner works a good job.
Thank you
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RHB
Senior Member

1159 Posts

Posted - 16 December 2009 :  16:06:32  Show Profile  Reply with Quote
Could your partner may be give you the money to go bankrupt? Also, there are reductions on fees if you are on benefits.
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Richard P
Senior Member



United Kingdom
1701 Posts

Posted - 16 December 2009 :  17:10:28  Show Profile  Reply with Quote
Hi Dawn

as you have done lets put everything that cant be sorted behind us, ie injury claim, The EX and Child tax credit, you by the look of it have fully explored all of your options.

I take it that you current partner is able to closely balance his books ?

So now we have to find options to cover the 16K worth of debt ? search and find out about DRO (debt relief orders)

BR is an option but not the only one

regards Richard
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 17 December 2009 :  19:56:58  Show Profile  Reply with Quote
If there is 16k of debt, a DRO is not an option.



The glimmer gets brighter all the time

Jan
xx
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Richard P
Senior Member



United Kingdom
1701 Posts

Posted - 17 December 2009 :  20:23:39  Show Profile  Reply with Quote
Hi Kallis et all

in relation to Dawns situation i recognise that she has more the 15K worth of debt and at the moment cannot qualify.

I also recognise that it only cost £100 to obtain a Debt relief order and you do not have to attend court but what are the other difference / advantages / disadvantages of a DRO

Thank you for the update

regards Richard
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 17 December 2009 :  21:52:46  Show Profile  Reply with Quote
It costs £90 for a DRO.

You must have less than £15k debt, not be a homeowner, not have more than £300 in assets and I think you can have a car worth about £1k. You also cannot have more than £50 a month DI after your priority bills have been paid.

Your debts will be written off in 12 months. It will remain on your file for 6 years and you cannot enter into another one within 6 years.



The glimmer gets brighter all the time

Jan
xx
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