bankruptcy

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Helhan

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Post by Helhan » Wed Jun 27, 2007 10:03 pm
Hi, me again!
If the IVA proposal fails, and we end up down the bankruptcy route....[:(]
1.Do we keep a basic bank account, with a debit card/ cheque book(but no overdraft facility), from which we can still set up monthly direct debits to pay all our bills? Will the account be scrutinised to check our spending?
2.Can we still pay for things monthly like gas and electric via the bank account, or do we lose that option?
3.Are the children's savings taken? (in their names legitimately)
4.What percentage of your disposable income are you expected to contribute to the IPA? is it likely to be similar to IVA payments, or less? (I know it is usually three years, not five)
5. What does discharge from bankruptcy mean exactly? And why does this happen after 12 months, although you could pay back into the IPA for 36 months?
5. What are the future implications for credit after the six year period it remains on your file?
6. Does the OR tow your car away and give you an allowance for a cheaper one, or are you expected to sell it yourself? (our car is worth £7-8000)
8. With no equity in the house, how does a friend/family member go about buying the interest so we don't lose it?
Sorry to ask so many questions, but we need to know the exact implications of bankruptcy as it is a possibility?
Answers much appreciated.
Thanks
Helen
 
 

MelanieGiles

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Post by MelanieGiles » Wed Jun 27, 2007 10:19 pm
1 This will depend upon your bank. There are banks who will give basic accounts to bankrupts.
2 Yes
3 No
4 Generally around 60% depending upon your circumstances
5 It means that you are no longer subject to any bankruptcy restrictions
6 This can be dealt with by negotiation with the OR - but it is generally collected by agents appointed by the OR. A car allowance of £3,500 is generally acceptable, but this can differ from OR'a office to office
6 You make an offer to the OR for a nominal sum and also meet the legal costs of transfer.

And you can always ask your IP these things Helen!

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
Regards, Melanie Giles, Insolvency Practitioner
 
 

scaredkez

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Post by scaredkez » Wed Jun 27, 2007 10:23 pm
hi helhan will try and answer your questions to the best of my knowledge,
1. if you already have a basic account you maybe allowed to keep it, however the or took my account details, card etc off me when i went to see him so the advice is make sure you have enough money to see you over for a couple of weeks until the bank decides you may keep that account or try and open another basic account after the BR.you are not allowed a cheque book in BR.
2. you can still pay your monthly utilities and what ever you pay by DD in BR as long as the account you have allows you to.
3.my childrens accounts have been taken under the BR as i was the signatory on them so basically they were my accounts empty them before you go BR and possible open up a post office account or get grand parents to do this for them, my eldests wasn't taken as he was sole signatory.
4.the ipa payments in BR are no where near iva payments the OR is far lenient as it is a fresh start and the aim is now to keep you solvent, and live a life, make sure you put everything down on your I +E and they can only say no they allow for holidays if unsure we can help you out, on skippies blogg there is a table of how they work out what they take of your surplus so far i do not have an ipa as i only had £52 surplus a month.
5.do you really still want credit? if you are talking about a mortgage this is still possible going through sub prime lenders and i believe their interest rates are not that much higher.
6.if your car is of that value it will probably go, they use parkers online car valuations so look there and see what they value it at, if you warrant the use of the car they can give you up to £2k back to provide you with a vehicle.they donot tow it away they didn't in my case it just looked like it was going for repair a man came and drove it away, they will give you a buy back option on what they think they will get at auction.

7 if there is no equity they will offer you the BI for £1 plus solicitors fees mine are set at £211
its not as bad as you thing honestly, if you have no equity that is good as you will probably keep your home so may just be the car that goes, ok its not easy watching it be driven away, but you never know, i am allowed so much more on my I +E than i was on my iva, double in fact,
anything else i can help you with please ask they are all the things i have been through so far.
kerri


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

Adrian Ratcliffe

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Post by Adrian Ratcliffe » Wed Jun 27, 2007 10:23 pm
Hi Helhan,
Bank Accounts
Only three banks will accept applications; Barclays, Nationwide and the Cooperative Bank.
Go for the basic account only.
Adrian
 
 

Adrian Ratcliffe

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Post by Adrian Ratcliffe » Wed Jun 27, 2007 10:26 pm
Melanie quoted £3250 on the value of a car before it is towed away?
 
 

MelanieGiles

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Post by MelanieGiles » Wed Jun 27, 2007 10:29 pm
I did say that this varied from office to office!

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
Regards, Melanie Giles, Insolvency Practitioner
 
 

Helhan

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Post by Helhan » Wed Jun 27, 2007 10:35 pm
Thanks guys, brilliant info and advice as always.
We bank with Lloyds TSB at the moment
Thanks,
Helen
Melanie: p.s. I know I can ask you all these questions Melanie, but I seem to have so many questions that if I post them on the forum you can answer them if you get chance, and don't feel like I am being a pain in the derriere and hounding you!
Last edited by Helhan on Thu Jun 28, 2007 10:57 pm, edited 1 time in total.
 
 

Storm

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Post by Storm » Wed Jun 27, 2007 10:41 pm
Its always good to get the questions out there.... I am sure there are loads of people who get the value of the answers.

I am sure Melanie doesn't mind the hounding.......
 
 

Adrian Ratcliffe

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Post by Adrian Ratcliffe » Wed Jun 27, 2007 10:41 pm
Hi Melanie,
Would you take a stab at an average.
I have anything from £500 to £3250.

Regards
Adrian
 
 

MelanieGiles

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Post by MelanieGiles » Wed Jun 27, 2007 10:51 pm
I have seen many different figures in my time applied by the OR, Adrian! Would not like to take any sort of guess, but I always work on £3,500 and have never had a problem.

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
Regards, Melanie Giles, Insolvency Practitioner
 
 

scaredkez

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Post by scaredkez » Wed Jun 27, 2007 11:37 pm
i am only giving the figures that my or gave to me, they may only be a bench mark figure, as melanie says it differs from or to or, i have gave my answers on actual happenings to my journey of BR
kerri

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

Adam Davies

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Post by Adam Davies » Thu Jun 28, 2007 12:07 pm
Hi
Just to add that"Think Banking"will also accept bankrupts.
Regards

Andy Davie
IVA.co.uk Spokesperson

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Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Thu Jun 28, 2007 12:27 pm
Don't mind hounding at all!!! It is my job to make sure you guys understand what you are letting yourselves in for, and I agree it is good to share this on the forum.

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
Regards, Melanie Giles, Insolvency Practitioner
 
 

iva experts

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Post by iva experts » Thu Jun 28, 2007 3:05 pm
I am with Melanie on this one, never be afraid to post questions on this forum.

It was for this reason that the forum was created. You never know someone out there might be wanting to ask the same question.
Don't hold back [:D]

Best Regards. IVA Experts
Best Regards,
Michelle Pontes
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JoeB

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Post by JoeB » Thu Jun 28, 2007 7:36 pm
Hi HelHan - I am sure your IP would not put the proposal forward if they were not confident of success - why do you think it might fail?
g.g.r
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