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dave.wt1
Starting Member
12 Posts |
 Posted - 03 January 2010 : 05:22:57
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| are bankruptcies for individuals still posted in local newspapers? |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 03 January 2010 : 09:10:28
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Personal BRs are no longer posted in local newspapers by default however, if the OR feels that you have not been completely honest and there may be other creditors that you haven't declared, then they can advertise the BR in the local paper.
Any BRs will be still advertised in the London Gazette but this isn't really a paper that most people would read. |
Edited by - gettingoutofdebt on 03 January 2010 09:10:47 |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 03 January 2010 : 09:38:11
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Hi Dave
As gettingoutofdebt has said, very rare these days to be ion the local press.
The London Gazette and Stubbs Gazette will print your details and they will be on the Insolvency register which is a public website. However, the liklehood of your friends or family seeing these publicatins is quite rare.
There are also some exceptions for the details to be published at all, but that is only if you are at risk in sodoing or in a sensitive position.
Good luck, Richard
"Life is generally something that happens elsewhere" (Alan Bennett - author and hero of mine!!) |
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RHB
Senior Member
1159 Posts |
Posted - 03 January 2010 : 12:18:32
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| Best thing to do is to hsve a look in your local paper & see if tere are any isted in there. |
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dave.wt1
Starting Member
12 Posts |
Posted - 04 January 2010 : 06:01:45
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Hi everyone
Thanks all for your replies. I've got a few other questions as well but I just wanted to say what a great relief it was to discover this site over the Xmas hols and find out so much practical information that has made me feel much more relaxed about my BR (planned for Feb I hope). I also wanted to say what a brilliantly entertaining and informative blog I found from a fellow memeber: Average Joe (thanks a million to him!)
Anyway, to the questions.
Will the banks (when they start chasing for their missed payments) be likely to phone my workplace if I don't respond to their phone calls? If they are, is it best that I be upfront with them and tell them of my plans?
Is it likely that my landlord will find out by the courts writing to "the occupier" at our address(I rent a room in his house)? If he does then he'll sure want me out for badly affecting the credit rating on our humble abode.
Finally, I'm worried about not being paid by having no bank account (when they get frozen)for my salary to be paid into. I've read on here about getting a Co-op cashminder but do I have to wait for my court appearance before I can open a new account with Co-op (I don't currently bank with them)or should I open one now or just before my BR?
Any feedback again would be greatly appreciated.
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 04 January 2010 : 08:00:44
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quote:
Originally posted by dave.wt1
Will the banks (when they start chasing for their missed payments) be likely to phone my workplace if I don't respond to their phone calls? If they are, is it best that I be upfront with them and tell them of my plans?
If you have listed your workplace telephone number with the creditors then it is likely they will contact you on this number. You should take the opportunity now to check/update your contact details with each creditor so that they only have your home phone/mobile number. Another option is to buy a PAYG mobile and put £10/£20 on it and give them this number.
There is no problem with telling the creditors that you are declaring BR but they will step up the pressure as they know that they will not be getting much/any of their money back. I told my creditors that I was declaring BR and then just switched the PAYG mobile I bought to silent and never bothered answering their calls again. Once you have decided to declare BR there is no point in talking to the creditors again.
quote:
Originally posted by dave.wt1Is it likely that my landlord will find out by the courts writing to "the occupier" at our address(I rent a room in his house)? If he does then he'll sure want me out for badly affecting the credit rating on our humble abode.
The OR will want to confirm that your rental payments are up to date. I gave the OR a copy of my rental agreement and they could see from my bank statements that I was up to date. You can request that the OR doesn't contact the landlord but this doesn't mean that they won't.
An important thing to remember is that declaring BR doesn't affect the address but only the person who declared BR so your landlord's credit rating will not be affected.
quote:
Originally posted by dave.wt1Finally, I'm worried about not being paid by having no bank account (when they get frozen)for my salary to be paid into. I've read on here about getting a Co-op cashminder but do I have to wait for my court appearance before I can open a new account with Co-op (I don't currently bank with them)or should I open one now or just before my BR?
You can open a Cashminder account whenever you like and I would recommend opening one sooner rather than later. The Co-op are very busy with so many people declaring BR so it can take up to 2 weeks or so for the account to be opened and the details sent to you. You can open one now and get your salary, DDs, etc. transferred over before declaring BR to ensure there aren't any problems. When you speak to the Co-op mention that you are declaring BR and there won't be any problems.
I opened a Cashminder account 1 month before declaring BR and didn't put the account details on my BR forms. When I spoke to the OR just after declaring BR they asked if I had opened a basic account I mentioned the Cashminder account. Not putting the account on the forms meant that there was no chance of it being frozen as this can sometimes automatically happen. |
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dave.wt1
Starting Member
12 Posts |
Posted - 17 January 2010 : 21:46:49
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Thanks once again for your detailed reply.
Since then I acted upon your advice and opened a Cashminder basic account with the Co-Op (and told them of my BR intentions). They only took a few days to make a decision.
However, one of their staff said my account would be shut down once it all went through the courts when all my accounts are frozen. Bearing this in mind, should I just do as you did and not declare this account on my BR forms but still tell the OR that I've opened a basic account?
I called my local court and was told that I'd only have to wait a maximum of 7 days for a court date whenever I decide to declare BR. I had asked to book a day one month in advance but was told I could only request for a week, which was actually good news. (I'm wating until next month when I am due some time off work).
One other concern is about the court fees. I know I'm only likely to have to pay a partial fee at the most because of my low gross income but do you know what the max you can earn annually is to get either a partial refund of the fee or a full refund? Also how much is the fee I pay if I'm entitled to the partial refund?
Either way I don't have to pay the full fee and then wait to claim it back, do I?
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gettingoutofdebt
forum expert
2418 Posts |
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Steve Thatcher
New Member
United Kingdom
70 Posts |
Posted - 18 January 2010 : 10:28:47
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Hi Dave whether you can apply for a full or part remission of fees depends on your income and whether you are part of a couple and/or have children.
If you are single and have no children, you will get full remission if you earn £13,000 or less. If you have a partner and are in the same position, your joint income can be £18,000 to get full remission.
If you set out your circumstances I will let you know what you have to have coming in to get full remission
Steve Thatcher
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dave.wt1
Starting Member
12 Posts |
Posted - 18 January 2010 : 16:56:58
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quote:
Originally posted by Steve Thatcher
Hi Dave whether you can apply for a full or part remission of fees depends on your income and whether you are part of a couple and/or have children.
If you are single and have no children, you will get full remission if you earn £13,000 or less. If you have a partner and are in the same position, your joint income can be £18,000 to get full remission.
If you set out your circumstances I will let you know what you have to have coming in to get full remission
Steve Thatcher
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dave.wt1
Starting Member
12 Posts |
Posted - 18 January 2010 : 17:07:05
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Hi Steve and getting out of debt experts
I have to first say a big thanks to you both once again for your very speedy replies.
It's really appreciated, especially regarding the fees info because I had started to think that I wouldn't have enough money to get through to my next month's pay if I had to pay the fees.
From what you've said it does seem like I will get a full remission because I'm single with no kids and earn a fair bit less than £13K a year, plus I've got nothing else literally...no car, no house, no shares, etc. The most expensive asset I have is a cheapish laptop. I presume I can keep that?
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 18 January 2010 : 18:19:02
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I listed my laptop as it had been bought on a credit card, but the OR had no interest in it.
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/
30 IPA payments made, 6 to go - the end is in sight! |
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dave.wt1
Starting Member
12 Posts |
Posted - 06 February 2010 : 15:40:28
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Hi Everyone
Thanks once again for all the replies. I've now got my BR hearing in court in just over 2 weeks' time.
In the meantime, for the first time ever I started missing all my minimum payments last month for all my creditors and, surprise, surprise, two of them have been phoning literally up to 10 - 15 times a day each! I kid you not...it's been two or three times in a row every 2 hours. I've had my PAYG mobile on silent so it hasn't been any real problem for me.
However, I've now found out that one of them has started hassling my parents by phoning them on a fairly regular basis. My parents' address and phone number was my last long-term fixed abode but I had changed it for this particular creditor more than a few months ago.
So my problem is do I answer this creditor to tell them of my impending BR plans to stop them calling my family (who I haven't and won't be telling about my BR)? If I did inform this creditor, do you think they would stop calling my family and continue to phone me (which I could handle) or is it possible they could let the cat-out-of-the-bag and shock my family by mentioning to them why they keep calling my family (even though I know it would mean they would be breaking the Data Protection Act)?
I'm very concerned about this latest development so if anyone could state any advantages / disadvantages of me informing this one creditor (especially if any of you have experience of this)?
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RHB
Senior Member
1159 Posts |
Posted - 06 February 2010 : 18:41:23
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| Maybe you need to answer your PAYG phone. |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 07 February 2010 : 09:07:29
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If you have updated your contact details then the creditor is legally obliged, as part of the data protection act, to update their records so should not be calling your family.
It is up to you whether you speak to the creditors or not but they won't be able to discuss your account with anyone who doesn't pass the security checks i.e. account number, etc.
I would speak to the creditor, advise them of your updated contact details and tell them to make sure they update their system with these new details. Whether you tell them you are declaring BR or not is up to you. If you do then they will call even more as they know they will not get their money once you are BR. If you don't then they will still continue to call until they get the repayments you owe them. |
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dave.wt1
Starting Member
12 Posts |
Posted - 14 February 2010 : 06:02:32
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Thanks to 'Getting out of Debt' again for your last reply. I've now got a few things I'd like to ask about completing the BR forms.
(1)For the Debtor's BR Petition at Qu'1(f) it says: "My centre of main interests has been" / "I've had an establishment at...." -----should I just leave this blank as I've never had any business dealings or does it just mean my residential address?
(2)With same form at Qu'4 it says: "I have not been adjudged bankrupt.." and then lists a few other things which are not appropriate for me. The no BR before applies to me but do I need to tick it as there is no box to do so?
(3)With the Statement of Affairs on Section 3 Assets, it says "Cash in hand"....do I state how much cash I have left for myself? If so, isn't the OR likely to want it? On the other hand, if I state "none" won't they ask how I plan to live until pay day?
(4)In Section 4 do I have to list all my bank accounts and credit card debts in this section in "list of unsecured creditors"? If so, is the date incurred just when I started the account / credit card?
(5)What about the question "what was the debt for?" What do people tend to put there for credit card debts? Is the account number for credit cards just the long 16-digit number?
(6)In Section 5.4 it asks for any bank, building society accounts to be listed here with the amount owing? Don't I have to do the same here for the credit cards or do I just list their amounts in Section 4 unsecured creditors?
(7)I can't see anywhere on any of the forms any request for copies of recent credit card statements, only bank accounts. Is this right?
(8)In Section 6.7 it asks: "how much do other members of your household contribute each month to the household expenses?" The other members are my landlord and his wife, and I live with them, paying just rent with all bills included, so I don't know what to put about their contribution and mine, come to that.
(9)My situation is complicated as even though my rent is up-to-date, I don't have any formal rental agreement, so won't the OR demand something to show my rent is not behind? If he/she does, can I give it to them after the court date? The form says a "rent demand will help" but what exactly is it?
(10)Since I filled out the form and got my last wage slip 2 weeks ago, I've been given an increase in hours and therefore salary but it still does not exceed my limit for getting a full fees remission, so do I need to tell the OR this?
If any of the experts could help with these queries, I'd really appreciate it.
Thanks again
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are bankruptcies still posted in local newspapers?
