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91
Dealing with Debt / Re: Advice with utility debts
« Last post by Lisa Thomas on Sep 21, 2017, 09:27:52 AM »
I presume you meant IVA instead of IVF?  I don't think IVF would improve someone's debts - probably increase them!


Gave me a chuckle.
92
Dealing with Debt / Re: Default HELP!
« Last post by Scrooge on Sep 20, 2017, 05:22:08 PM »
If this default regarding you is incorrect, you will need to go through Experian's procedure for having it removed as mentioned above by Lisa.


I had to do this twice a few years ago. It took a while to sort it out, (about 2 months I recall) and was very annoying, but if you start the process it should be removed. However, I do remember them telling me that in order for it to be removed, your creditor who has given them the information wrongly has to instruct them to remove it. IE Experian won't remove it no matter what you show or tell them. They need the information from your creditor confirming the default was an error and should be removed. I remember writing to Santander several times plus phone calls over 2 months to get them to contact Experian. Eventually they did it but I had to keep on their backs!
93
Dealing with Debt / Re: Advice with utility debts
« Last post by Scrooge on Sep 20, 2017, 04:59:36 PM »
Hi yes, sequestration is Scottish. I've updated the previous post adding the term bankruptcy just to be clear.


Thanks.
94
Dealing with Debt / Re: Advice with utility debts
« Last post by Lisa Thomas on Sep 20, 2017, 04:51:09 PM »
Useful post, thank you.


As far as I am aware self sequestration only applies in Scotland.
95
Dealing with Debt / Re: Advice with utility debts
« Last post by Scrooge on Sep 20, 2017, 04:49:32 PM »
Gas and electric, phone companies etc can only chase the account holder. Doesn't matter who else lives there. If your wife is registered at your address living with you, I believe you are both liable for payment of Council Tax. What's best for you depends on your income/circumstances. If you have some disposable income you should at least address the C.Tax problem because there are powers in place to recover that, more so than utility debts. I'm not sure why they haven't already taken action regarding the C.Tax? If you have gas/electric arrears, I'm unsure why you haven't been disconnected yet?


Regarding utility bills and joint names. It's possible to have joint names on those, it depends on the company. Virgin Media only allow 1 name on the account but I know of energy companies who allow joint account holders.


If you don't own this house and have no assets you should consider bankruptcy/ IVF or in Scotland the equivalents......self sequestration/Trust Deed for which you would be best to get advice from a registered Insolvency Practitioner.
96
Dealing with Debt / INHIBITION ORDERS in Scotland
« Last post by Scrooge on Sep 20, 2017, 01:03:59 PM »
There is often confusion about what an Inhibition Order is and whether it is the same as a Charging Order.


Inhibition Orders relate only to Scotland. Charging Orders do not exist in Scotland. An Inhibition Order is granted by a Court after or at the same time a creditor obtains a Decree against you for an unpaid debt. An IO is on YOU not the house. It stops YOU selling the house without paying the inhibiting creditor first. It lasts for 5 years, but it can easily be renewed every 5 years hence in effect it is best viewed by a debtor as permanent.


It is now possible for a creditor pursuing an inhibition to get an interim inhibition before the Court has actually granted the Inhibition Order, which means you have less time to plan and react to what might be coming. An IO stops YOU selling without paying the debt, but it can't lead to your house being sold or further enforcement. It will just sit there until you sell the house.


If you have negative equity or low equity it's not so concerning, but if houses go up in price significantly it will be, because your increased equity will be swallowed by the inhibiting creditors if you sell up. If you do have house equity then they are going to hoover it up when you try and move house.


If you fully intend never moving from your current home you don't need to worry too much. However, if you want your equity to pass to anyone else when you die, the inhibiting creditor will swallow part or all of it when your house is sold. Although an IO expires after 5 years, it's best to view it as permanent because they can just get it renewed very easily.


If you are in debt trouble with creditors threatening to get Court decrees against you, the Court may well accept a low repayment plan based on your income, but 1 or more of your creditors may get an Inhibition Order against you.


If you sit there hoping Court action might not happen or just thinking you can pay £1 a week if you have no income, you are likely to shoot yourself in the foot, because irrespective of the Court's decision you may well end up with Inhibition Orders.


An IO can be wiped by self sequestrating within 60 days of when it was granted in Court. However, If you are not considering that, then the only way you can avoid the possibility of inhibitions is to sell your house before they get the IO. As they can now get interim IO's before the IO is granted, if you want to sell up you need to act quickly. Selling even for a few thousand less might be a better option if you have large debts than sitting there and having inhibitions slapped on you.


I hope this is helpful.




Note:

My comments are based solely on my own experience of debt. It is always best to seek the advice of a professional debt adviser/agency as soon as possible.
97
Bankruptcy / Re: Bankruptcy Questions
« Last post by poppy9596 on Sep 19, 2017, 05:31:51 PM »
I can understand it needing to be used towards his estate as he has no other assets than his car.


And i know they say he qualifies for uk bankruptcy within 3 years from the arrival date abroad


What type of evidence would they need to see?











98
Bankruptcy / Re: Bankruptcy Questions
« Last post by Lisa Thomas on Sep 19, 2017, 02:40:53 PM »
You should look at S264 and 265 f the Insolvency Act 1986.


You will have to have been domiciled in the 3 years ending with date of B/O in the UK.


The rules used to say that you had to be personally present in the UK on the date of the hearing but this seems to have been removed form the latest version so looks as if it no longer applies and I would presume you can therefore apply on line.


You will need to be able to satisfy the test regarding the 3 years above and as this will make the process [size=100%]less straightforward (in you having to produce evidence to satisfy the adjudicator) and might hold up process.[/size]
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[size=100%]For the avoidance of doubt you should seek advice from an IP and a specialist insolvency solicitor.[/size]
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[size=100%]As regards the £4.5k you should not be taking that as it belongs to your husband and some or all of it may potentially be due to his bankruptcy estate.  This would be potentially defrauding his creditors.[/size]
99
Bankruptcy / Re: Bankruptcy Questions
« Last post by poppy9596 on Sep 19, 2017, 11:31:03 AM »
The account is in credit and as for the 4.5k i am going to be opening an account in my name only once we immigrate to the states.


If we deposit the rest of the 4.5k into that will that be seen as hiding assets? I just want to make sure this is okay so we dont make any mistakes or unintentionally look as if we are not cooperating with the OR.


I know the bankruptcy process is done online and if you are abroad you dont have to go to court anymore but have they changed this rule in the UK?
100
Bankruptcy / Re: Bankruptcy Questions
« Last post by Lisa Thomas on Sep 19, 2017, 10:16:02 AM »
Is the joint account overdrawn?


If so you won't be able to take your name off it unless the debt is cleared.


No I don't think the O.R will need to see proof of your depression.


From memory I believe they may allow you to keep some of the redundancy costs to cover living expenses for up to 6 months if he is unable to find new employment.


The O.R has a technical manual - I cannot post you a link on this forum but I suggest you look at it on insolvencydirect dot bis dot gov dot uk to ensure my recollection on the redundancy is correct.
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