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Posted: Mon Oct 01, 2007 11:01 am
by sean36
please tell me if the or can take away the motability car that my son has(he's 5)I'm going bk but the lease with the car is with my partner.
also we have a rented house with a housing assioation will they need to know when i go bk?

does my partners income come into my bankruptcy ?
she recieves 595 in child tax credit the highest dla payment and the carers allowence for our disabled son?
i get 800 amonth wages with 85 in working tax credit.

thanks.



going bk

Posted: Mon Oct 01, 2007 11:05 am
by Lisa2009
I believe if it is only you gong bankrupt, the car is safe.
As for the income im sure oe of the experts can answer that one better than i can.

Posted: Mon Oct 01, 2007 6:33 pm
by pippa
Hi sean36

child benefit and working tax credits are not counted towards income in Bankruptcy, however you will still need to list them in your income breakdown. I do not know about carers allowances though.

You will however have the opportunity to discuss any area that you are unclear about during the interview with the OR.

I would assume the car is safe, not sure about the housing association. Have you spoken with the CAB they may be able to clarify some of your questions and will also check your forms

Good luck
Pippa

Posted: Mon Oct 01, 2007 6:41 pm
by lily
Hi sean

The carers allowance is classed as a taxable income but your wife has this as she is caring for your son and has limited hours of working or ability to work. (I get this allowance myself and could only work part time, with a very understandable boss). Your car will not be touched in BR as you pay it with your mobility allowance and there is no way the OR would take this away from you. I was going BR myself in January and I asked the same questions the money advisor told me they would be very fair and understanding of my circumstances. I am sure they will be with you also. Although I rent my house from the local council I was assured that it wouldnt be a problem, its extremely unlikely that the housing association would find BR reason enough to make you homeless.

Good luck with everything.

lily

Posted: Mon Oct 01, 2007 7:09 pm
by sean36
thanks for all your help. want to go bk on thursday,have sent off for a credit report from experion but they havent sent the pin no back yet, have got a nasty feeling that i'll get a knock at the door soon.
what should i do if i cant remember all my creditors or the amounts??
help please

going bk

Posted: Mon Oct 01, 2007 7:26 pm
by lily
sean

The only people who can gain access to your home are county court baliffs. They will call if you have not paid a ccj. Many creditors will threaten to send someone round to scare you into making a payment, they usually dont turn up. I had a post card telling me I was having a home visit the date and all, they didnt come round. If anyone does tell them to go away, you do not have to discuss your debt with them verbally if you choose not to. Creditors that are unsecured have little power so they shout and scream and will say anything to scare you. I know this is a difficult time for you but it will be a relief when its all over.

I phoned all my creditors and asked what the amounts were, and they gave me an up to date balance.

lily

Posted: Mon Oct 01, 2007 8:02 pm
by sean36
thanks, thats put me mind at rest for a while, can't wait till it's all over.

going bk

Posted: Mon Oct 01, 2007 9:39 pm
by Adam Davies
Hi
Bankruptcy will include all your unsecured debts,upto that day whether you remember them or not.Keep a copy of your bankruptcy notice to hand so that you can show people in the unlikely event that they do knock at your door.
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp