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Posted: Sun Apr 13, 2008 9:22 am
by Cakietin
My husband and I have debt totalling £23000. This is credit cards and a personal loan. My husband is registered disabled and I am his carer. Neither of us work and I look after 2 young children so couldn't go back to work even if I wanted to. We are really struggling to meet our debts asall our income is benefits. We have a motability car. We get full housing benefit and council tax beneft.
My questions are:
1. Could we keep the motability car if we went for an IVA?
2. Would we have to have our Sky and cable disconnected?
3. How is our weekly allowance calculated?

I am very new to all of this and really would appreciate some advise.
Many thanks.

Posted: Sun Apr 13, 2008 10:03 am
by Reviva UK
Hi Cakietin

Welcome to the forum

Sorry to hear about your situation but rest assured you are in the right place for a qualified IP ( Melanie or Ian ) to give you formal advice shortly.

Are you making any payments to your creditors at the moment?

Also are you living in private rented accomodation or council accomodation?

thanks

Posted: Sun Apr 13, 2008 11:26 am
by MelanieGiles
I am afraid that an IVA is not really an option for you if your income is solely derived from benefits, as the majority of creditors do not believe that this makes you suitable. The odd thing is that they don't seem to have the same prejudice when they are lending you the money!

I suggest that you look at bankruptcy proceedngs to put this behind you and move forward. Do you have any asset which would be at risk under bankruptcy proceedings?

Posted: Sun Apr 13, 2008 1:13 pm
by Soulgrowth
Just wanted to say good luck cakietin, I am sure things will get sorted out for you. Keep in touch with the Forum as we will all offer you support and advice throughout.

Debbie

Posted: Sun Apr 13, 2008 5:14 pm
by Cakietin
Thank you everyone for your kind replies.

Firstly, thanks for letting me know that I wouldn't qualify for an IVA as we are receiving benefits. I wasn't aware of this. Like I said this is all new to me. I hadn't considered bankruptcy. It seems like such a drastic step. If anyone has any advice or can point me in the right direction regarding this it would be most appreciated.

We live in rented Council property and have no assets that would be affected by bankrupty.

We are on top of our repayments and have no arrears with anyone. The problem is that once we have paid our debts each week we are left with very little for living expenses. I find I'm always scratching around for money just for shopping. I am desperately trying to find a way out of this as I am very stressed about all of our debts. I know that I am not alone and thank you all for your support and advice :)

Posted: Sun Apr 13, 2008 5:51 pm
by MelanieGiles
I would contact Paul Johns of Reviva who regularly posts on this forum. Paul's firm engage in bankruptcy assistance, so will be able to point you in the right direction and even represent you if you feel that you need a helping hand.

Also read Skippy's and Scaredkez's blogs about their own experiences, to see that it is not half as bad as you may think now.

Posted: Sun Apr 13, 2008 6:27 pm
by Cakietin
Thank you so much Melanie. Just thinking that there might be light at the end of the tunnell has made me feel slightly better.

Regards,
Amanda

Posted: Sun Apr 13, 2008 7:26 pm
by emma_t
Hi Cakietin

You will feel a sense of relief when you decide on a course of action and know what your options are.
When I faced up to my debt 7 or 8 months ago bankruptcy was mentioned and I was terrified. Through posting on the forum and reading blogs I am now more educated about bankruptcy and it is not half as frightening as you may think, I managed to do an iva but the if I had no other option I would not be so scared of bankruptcy.
Not saying its an easy decision by any means, as you will find out when you read through some blogs, but its a step some people have no option but to make and it sounds like it is an option for you.

Good luck and keep in touch with the forum as its a great provider of information and support[:)]
Emma x

Posted: Sun Apr 13, 2008 8:27 pm
by Soulgrowth
Good luck cakietin ... the important thing is to looka fter yourself and your family and addressing your debt situation in the best way possible will help you to reliev the stress and worry.

Do talk to Paul (Reviva) as Melanie has suggested ... he's really lovely ... and keep us posted as to how you are getting on.

All the best

Debbie

Posted: Sun Apr 13, 2008 11:18 pm
by J-DOUBLEYA
Hi Cakietin,

An IVA is highly unlikely given your income means so Bankruptcy or debt repayment are probably your only viable options. You need to be wary that if your motability car renews whilst you are undischarged from bankruptcy then you may not be able to renew !

There are some charites and of course the CABx who can offer you free, impartial and practical advice on all of the options that are open to you !

Posted: Mon Apr 14, 2008 12:06 am
by Lisa2009
Why would the OR not allow renewing the motability car?
Even bankrupts should have some kind of life and speaking as a disabled person, i wouldnt leave the house if i didnt have the car as some days i physically couldnt walk my kids to school.
No disabled person should be denied some life quality that mobility gives them.

Posted: Mon Apr 14, 2008 12:22 am
by Reviva UK
Hi Mrs Skint

it is not the OR that would refuse this but rather it might be motability as it is on finance. Just needs to be thought through and checked with all the parties to make sure there are NO surprises.

Posted: Mon Apr 14, 2008 12:25 am
by Lisa2009
Fair comment but if that was the case, there shouldnt be a problem as technically its not the disabled person that hands the money over every month for the car its the DLA so its not like you could default even if you wanted to.

Posted: Mon Apr 14, 2008 12:28 am
by Reviva UK
understand your point but from my point of view there are several things that I would want to be 100% sure of and have in writing.

1. motability's view - extend or renew
2. OR view

just to be sure.

Posted: Mon Apr 14, 2008 12:35 am
by Lisa2009
Maybe thats one to find out.
Motability is there to meet the mobility needs of the disabled and all said and done they are GUARANTEED to be paid every month untill if and when the disabled person no longer needs it.

As for the OR (purelly my opinion) they take slightly less of the debtors surplus income than in an IVA, thus allowing them better quality of life so surelly it would be unfair to expect a disabled person to have a poorer quality of life by not allowing them their only means of getting out of the house on their worst days.

As i say, this is just my opinion as a disabled person and yes i agree it would be very interesting to find out the point of view of both the motability and the OR.