bankruptcy, can anyone help? approved 29th June

[rachel33]

Hello everyone, I've been a registered here since Jan and this is the first time I have actually sent a question to any forum - ever! little bit nervous, first I wanted to say what a great site and what fantastic people you all are, the support and advice is amazing. My Husband and I applied for an IVA, Husbands approved, mine rejected - guess what yes the Northern Rock, also tesco and M&S. Anyways I am now filing for bankruptcy and I have been given a court date 29th June, this is the earliest date they can give me. My question is I have had a letter from NR sols regarding unsecured loan, they are going to apply for a CCJ. Can anyone advise if they can do this when I have a court date? Just when I thought this was getting sorted they throw this at me and as you can imagine the stress is just getting too much.
Thankyou.

[MelanieGiles]

Hi Rachel and a warm welcome to the forum - at long last you have made a post!!!

Your grateful comments are very welcome and will be passed on to the team who run the site who work extremely hard to continually improve things for our growing community. And please don't be nervous - you will find a wealth of techncial and just friendly advice from people who are actually in the same boat as you (or have been) and not just stuffy old (not too old!) professionals like me!

I'm not suprised the Court date is so far in advance. The bankruptcy sections are very busy at the moment - probably with failed Northern Rock IVA proposals. Do you know specifically why they rejected you?

If Northern Rock are successful in getting a CCJ, this is no worse than being in an IVA or being bankrupt, so I would largely ingnore it. By the time they get their own Court date, you will probably be bankrupt already.

Can I ask who your IP was just as a matter of interest?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[DebtDummy]

hello rachel33, yes the creditor can give you CCJ before you petition for bankruptcy. I had it happen to me. Not a problem. Just list a creditor on your bankruptcy application. June 29th seems a bit far into the future for your date. If you should hear from tell them you are filing for bankruptcy, but they have probably heard all of this before from other debtors and may not believe you. Don't become stressed out though. Also, do not send them any money. You have your bankruptcy date and can't favour one creditor over another,i.e send a payment.

All I have left is my humour.

View my blog http://www.debtdummybankruwoman.blogs.iva.co.uk.

[tracy.h]

Hi rachel33
just wanted to say im so sorry you are having such a bad time,NR are a really tough creditor,and are makeing iva's very stressfull for people,but we have to except they want the best return even though in your case they will get less than your iva would have given them.
Read some of the blogs on here ie:debt dummy,Skippy,Coco just to name a few that have experienced Br,its not as scarey as you think,you will come out at the other side and hopefully feel some relief from the stress you have experienced,now you have posted please keep in touch let us know how you are doing
Takecare
Tracy

[scaredkez]

rachael welcome to the forum, NR was one of my creds they wanted modifications for my iva also, however i went BR in the end and believe me going BR is very painless, its not going to be an easy ride if you have assets but its the best thing i have done
wishing you luck
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/

[aguise]

Hi Rachel
Just wanted to say hello and welcome. All the very best to you. Keep posting let us know how you get on, you tried the iva to pay what you could back, they turned you down, it is their fault if they get little back.
Ang

[rachel33]

sorry for the late reply, I have 2 young children and couldn't get back on the computer!

thankyou for the replies, what lovely people you all are and it's feels so great to have people who understand.

I have just read on the directgov website I have 14 days to reply from the first contact from the courts and I can then request a further 14 days to fill in the forms so hopefully I will have been to court by then.

Isn't it just crazy, they like to knock you when you are already down.

Got to go to work now, thanks again for the replies

Rachel

[finebridge]

Hi Rachel,

Good luck. Please do let us know how you are getting on.

Kind Regards

Nicola

Finebridge Ltd
22 Laud Street, Croydon, CR0 1SU
0800 180 4212
www.finebridge.co.uk

[Adam Davies]

Rachel
Please post as many times as you need to,we are always pleased to help and answer any questions that you may have.
If you haven,t already done so have a look at our blog site as a couple of our regular members have recently gone down the bankruptcy road.
Regards

Andy Davie
IVA.co.uk Spokesperson and site manager
(aka Neverending)

Please check out my blog: http://andydavie.blogs.iva.co.uk

View my profile here:
http://www.iva.co.uk/andy_davie_profile.asp

[rachel33]

sorry for the delay in replying, don't get much chance to use the computer!
Sorry I didn't answer your question Melanie, I believe that I was rejected because they didn't think we could live to the budget which is fair enough and in the long run they are probably right.
All the other companies have been very understanding about the court date and none of them are going to take legal action, it's very frustrating when I have always paid on time for many years and circunstances beyond our control (redundancy) led to this, never mind turns out we are only a number to these companies!
I just can't wait until 29th June and to start living again.
Rachel

[keh]

Hi Rachel,

Welcome to the forum and hello to hubby and the kids

Keith

The long and winding road will straighten out eventually....keep the faith

[rachel33]

hello everyone,
I have now recieved the court form dated 29/05/07 envelope dated 04/06/07. I am filing at court on 29/06/07. The ccj form has been issued by a different court. Can anyone tell me what to do? do I ask for the full 28 days allowed to fill in the forms, are they still able to proceed with the ccj even when I have filed? I'm very confused about this - do I have to make any payments to them or do I just say no. Also I have listed this debt on my bankruptcy forms, does this still apply? We shouldn't lose the house because a relative is offering to pay my share in the equity (not a large amount!) so what happens regarding the ccj? sorry for so many qestions, I really thought I was passed the worst but I'm feeling right back down again, every other company (and there are many) have been very understanding - if I lived in another area I could walk straight into court but I have no choice but to wait.
Thankyou
Rachel

[rachel33]

sorry I have just realised that Debtdummy had actually answered my questions for me! I think my brain has finally gone! Just wondered Debtdummy if you filled any of the forms in you received from the court? Thankyou
Rachel

[RedDevil]

Hi Rachel33,

I wouldn't worry to much about the CCJ. From what I can gather the court usually sides with the creditor. The creditors solictor will no doubt load the debt even further with charges. Once the CCJ is in place they could try to follow up with a Charging Order on your property. very nice if you have little or no equity. IVA's are a way forward to allow both the debtor and creditor to come to an arrangement that is benificial to both. If the likes of NR are raising the stakes or in my case Amex who usually vote no then if you go down the bankruptcy route the dividend is almost one third compared to an IVA. They stand to loose a lot more! I say this, if this is what they want after you have made your most affordable and best offer then so be it let them have it!

Good luck

RedDevil [8D]

[RedDevil]

Hi Rachel33,

I never fill in those forms. When you are deep in debt with multiple creditors I see very little point is doing so. You either get an IVA or go BR.

Regards

RedDevil [|)]