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  • Thinking of going Bankrupt

    Right this morning I have received an attachment of earnings letter from the local courts in favour of hillesden this was for a debt I had a payment arrangement on of £10 monthly.

    This court letter has been sent to both me and my wife and we have to attend a hearing on the 2nd June 2014 now I want to fight this on the grounds that such an attachment could affect my wife part time job as she is customer facing in the co-op and thus handles money and could affect he job prospects and lead to the sack.

    However now I am totally stressed out with this all and my other debts and can see now way out except bankruptcy as we are not eating properly as it is and thus not meeting my dietary requirements due to the SAH I had.

    Now is bankrupcy an option bearing in mind I own my home and have about 60% equity? would the receivers force a sale and if so how would that affect my wife and mum in law who have a 3rd stake in the property.

    My mum in law has Alzheimer's and we care for her as she is bed bound.

    I Just want a way out now as had enough of the harrasment btw this debt does not have a CCJ so how can they get an AOE?

    The reason the payment arrangement stopped is because over the last year we have taken a big dent in income with loss of tax credits my wife no longer gets working tax credits as she had to up here hours due to loss of child tax credits and in turn lost carers allowance as well plus DWP stopped my ESA which I am fighting but it all as you know takes time.

    We now have just my wifes earnings of about £600 a month and my DLA middle rate of £212 that is it until I can get my ESA reinstated but do hold much hope of that as DWP are intent in breaking the law and thus is in the hands of a solicitor.

    As you can see it is a right mess and really would like to force a creditor to bankrupt me.

    Thank you any advice greatly received.

  • #2
    Re: Thinking of going Bunkrupt

    Can you not do a DRO? Sorry if you can't, I don't know much, but don't like to see other people stressing. Hope you get this sorted!

    If you have a joint mortgage then the official receiver or insolvency practitioner will want your share of the equity.
    Last edited by TibetanMonk; 1 May 2014, 13:13.


    TibetanMonk
    On Debt Row

    AAD has so much to offer and wants so little back. Take advantage while you can.

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    • #3
      Re: Thinking of going Bunkrupt

      Also; I was under the impression that an AOE can ONLY follow if you do not pay the CCJ.... Surely an AOE would be a last resort considering it would affect your wifes ability to work, thus forcing you into unemployment, which then would only cause more time inbetween you paying and the debt being settled..


      TibetanMonk
      On Debt Row

      AAD has so much to offer and wants so little back. Take advantage while you can.

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      • #4
        Re: Thinking of going Bunkrupt

        Does anyone know if councils still do buyback mortgage rescue? as that could release the equity

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        • #5
          Re: Thinking of going Bunkrupt

          Yes that is what I thought I have no CCJ on this debt as I entered a payment arrangement

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          • #6
            Re: Thinking of going Bunkrupt

            Originally posted by pompeyfaith View Post
            Does anyone know if councils still do buyback mortgage rescue? as that could release the equity
            http://www.adviceguide.org.uk/englan...ue_schemes.htm

            Thats for England, which I presume you reside in :P Hope that helps.

            Originally posted by pompeyfaith View Post
            Yes that is what I thought I have no CCJ on this debt as I entered a payment arrangement
            Yes but didnt you say you stopped paying the arrangement due to unforeseen circumstances? Did you let the creditor know?


            TibetanMonk
            On Debt Row

            AAD has so much to offer and wants so little back. Take advantage while you can.

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            • #7
              Re: Thinking of going Bankrupt

              Let's see what Riz / ATW thinks.....
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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              • #8
                Re: Thinking of going Bankrupt

                Originally posted by Never-In-Doubt View Post
                Let's see what Riz / ATW thinks.....
                Sorry mate, I get carried away lol :P


                TibetanMonk
                On Debt Row

                AAD has so much to offer and wants so little back. Take advantage while you can.

                Comment


                • #9
                  Re: Thinking of going Bankrupt

                  What is the debt for originally?

                  AOE must have a CCJ.

                  DEA for benefit overpayments etc doesn't need one.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #10
                    Re: Thinking of going Bunkrupt

                    Originally posted by TibetanMonk View Post
                    Can you not do a DRO?
                    Can't do a DRO if you have property.
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                    • #11
                      Re: Thinking of going Bankrupt

                      Originally posted by pompeyfaith View Post
                      Now is bankrupcy an option bearing in mind I own my home and have about 60% equity? would the receivers force a sale and if so how would that affect my wife and mum in law who have a 3rd stake in the property.
                      How much would your share of the equity be then?
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                      • #12
                        Re: Thinking of going Bankrupt

                        Originally posted by Riz View Post
                        How much would your share of the equity be then?
                        A 3rd in law I believe although our mum in law has no part in the mortgage bar her name being on the deeds due to it being ex council and needing her discount to buy.

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                        • #13
                          Re: Thinking of going Bankrupt

                          We owe 68k with a value of 150k roughly

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                          • #14
                            Re: Thinking of going Bankrupt

                            Originally posted by Riz View Post
                            What is the debt for originally?

                            AOE must have a CCJ.

                            DEA for benefit overpayments etc doesn't need one.
                            Double glazed front door

                            DEA?

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                            • #15
                              Re: Thinking of going Bankrupt

                              Direct earnings attachment

                              https://www.gov.uk/government/public...mployers-guide
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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