What happens next???

[Skippy]

You can also look on the Law Society webiste - http://www.lawsociety.org.uk/home.law. Click on choosing and using solicitors at the top left hand corner of the screen and then find a solicitor. You can then search by location and / or area of law - click on insolvency and bankruptcy in the drop down.

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

View my blog at http://skippy13.blogs.iva.co.uk/

[jane.l]

I have just found my letter from CAB and it says that they have taken specialist advice from a solicitor, who advises to wait for the house to be repossessed and sold, so where does that leave me now?? If they are saying we have to wait, what can I do? I had the most awful nightmares last night about someone trying to get into the house to kill me!! I have not been sleeping lately and this is just going to drag on and on now!

[Andy2]

What were your debts again Jane ?

Was it a Together Mortgage with NR (secured and unsecured bits) plus a secured loan with Picture ?
Then other unsecured creditors.

Was there a car or cars involved on HP as well ?

As you are no longer living in the house I imagine your case is just in the litigation department at both NR and Picture. Have you told them your new address or do you have royal mail redirection in place ?

[gimmewine]

Jane, sorry to be blunt but you are making yourself ill with the worry. You've put yourself on a threadmill where you are taking advice from lots of different sources and then looking for flaws in all of it, seeking more advice and getting more and more confused so you are running faster and making yourself more worried.

If I remember rightly you have handed back the keys to your house and moved into rented accommodation so really there is nothing any of your creditors can do to you now. The house will be repossessed and sold and you will make yourself bankrupt at some point in time. That bankruptcy will rid you of all the debts one way or another.

Keep focusing on that thought. Tell yourself over and over and over they cannot take what you haven't got. Soo, they can issue threats till they are blue in the face but the end result will be the same, they will get your assets and possibly an IPA for three years and that will be that.

I happen to think Melanie is right. If you go bankrupt now, the house will be passed to the control of the OR and he/she will deal with it and all the debts secured on it as part of the bankruptcy. But, if you are unsure and you want to clarify, go for that free half hour advice from a specialist solicitor and ask the question. Then, follow that advice and let your creditors talk to the hand.

Take it from one who knows, debt is not worth making yourself ill over, it really isn't.

[Dominic]

From reading this, it strikes me that bankruptcy is your best course you oculd be frre and clear in a year rather than making yourself ill with worry.

[tracy.h]

Hi Jane
I would also listen to Melanie,but as Ann said if you need confirmation then go to a specailist solicetor to confirm what Melanie has said.
I think the CAB as much as they do a good job dont have Melanies expert knowledge in insolvencey matters,and sometimes are a bit dated with there advice.
You also need to find peace of mind asap so that you can start living without all this stress,it is not doing you any good you have a family to look after and if this is causing you so much anxiety then it will be affecting all those around you.
I really hope you can soon close this chapter in your life and begin a knew one soon.
Take care

Tracy

[jane.l]

we have moved out but have not handed the keys back. We have applied for a council house so are waiting for them to get back to us to see if we have enough points to get on the waiting list. If we hand the keys back, there is no chance of us being eligible for a council house We may not even be as things stand now but I am waiting another couple of weeks until I know for sure. If we have no chance of a council house, then I wil ring nrock and go for voluntray possession, as this would be the quickest way of getting rid of the house. Its all just waiting! We have a mail redirection in place, thats the only reason we are still getting mail, as I have not told anyone where we have moved to! If Eversheds take legal action (whatever this may be) will we have to disclose our new address????

[MelanieGiles]

Well you ought to inform creditors of your new address anyway Jane, as a matter of courtesy.

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

[freelili]

I didnt tell GE money of my change of address as I was paying them the full amount (I thought the car was on HP) I did tell all my other creditors, though. GE Money did put trace and charged me for it. My failure to disclose was not intentional as I phoned them up when I could no longer make payments, I was under a lot of pressure and I just didnt think about it.

LILY

I believe that angels breathe and love will live on and never leave. I cherish all you gave me everyday.

[gimmewine]

If you can't get on a council list, can you stay where you are at the moment? I would imagine that if the rent period is up and you have always paid on time a landlord would not object to extending the period on a month by month basis with a notice period for both parties.

I don't think you are taking any risk by going to seek expert advice from a solicitor dealing in insolvency matters. they deal with this day in day out and as they get paid for their advice (unlike CAB which is mainly run by volunteers) it is important they are up to date in their advice. If they tell you to hang fire, do so, but I would be very surprised if they adviced you you can be made bankrupt over the same debt twice.

[jane.l]

I don't see any reason to tell the creditors my new address, the only thing to come out of that would be debt collectors at the door and I really could not cope with that at the moment! If they write to me I get the post anyway as its re-directed so there is no benefit whatsoever for me to give my new address out. Its such a stressful time as it is, I will try and get a day off work next week and hopefully can book an apopintment at CAB to talk about our case, and the conflicting advice on here and what CAB are saying. We may find out a bit more then

[Skippy]

Jane, if you can take a day off work I would do as Melanie and the others have said and make an appointment to see an insolvency lawyer rather than the CAB. The CAB do a great job, but their advice isn't always up to date. A friend of mine went to see them (about a non debt related matter) and the advice she received was different to what she was told when she finally saw a solicitor. Solicitors HAVE to keep up to date with case law so you will be getting current advice. The sooner you can get this sorted out, the sooner you can put this stress behind you and move on with your life.

Good luck.

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

View my blog at http://skippy13.blogs.iva.co.uk/

[jane.l]

The man at the CAB who is dealing with our case said he had taken advice from a specialist solicitor and he said to wait until the house is sorted before petitioning for bankruptcy. I emailed a firm of solicitors yesterday and they emailed me today saying they cannot help me!

There is no-one near me at all! I just feel soo trapped and there is no-one to ask for advice, just don't know what to do. Didn't sleep a wink last night!

[gimmewine]

Did you speak to CAB today or are you just quoting their letter? If they have sought specialist advice it is likely that there is some correspondence in writing. Just ask them for a copy of the solicitor's reply. It may simply be a lenghty wordy document stating all the options and CAB have concluded you would be better waiting.

Meanwhile, ten deep breaths, make cup of tea, sit down and focus. They can't take what you haven't got, period. So try and bring a little amusement into the situation. I always found I could stay calm if I saw it as a game of cat and mouse. The creditor thought he was a cat coming to chase the mouse but they were wrong. You are a big strong bull terrier who is coming to bite them in the backside. Just the imagery used to cheer me up. Hang in there, time will pass and it is literally only a matter of time.

[freelili]

I like that gimmewine

Yes we are big fat bull terriers, Jane. I am not stressing at all now, I am not sorted either, but I dont see the point of giving myself or my children a hard time, what well be will be, what they take they take, its going to happen if I stay awake all night or if I sleep. I like being a big fat bull terrier ripping into some creditor ass.

Come on Jane, forget the tea, head for the wine. There are some horrible people just waiting to stress you out, who will/can not see the truth, desperate to bring you down and make you feel bad. Read my earliest posts to see how stressed I once was and guess whats changed??? My attitude to it all and nothing else. (well something did change but life is a bitch sometimes, its how you deal with it that counts).

LILY

I believe that angels breathe and love will live on and never leave. I cherish all you gave me everyday.