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[05omegav6]

What constitutes assets?

If renting, it goes without saying that the house isn't on the list, but where do low value cars stand?

Only items I own are:
1x 270k mile twice Cat C explod estate, value worthless?
1x 178k 3.2 Elite Estate, no Mot, value?
1x 10 year old TV, value £0
1x 10 year old dvd player, value £5?
1x 10 year old stereo, value £20?
200 cd/dvds value?
Tools value ?

Basically my immediate concern is the value of the cars... Is the white one actually worthless? And how would the unroadworthy one be valued? Would it even be considered an asset?

[Jimbob]

Probably £300? ish scrap value each  IF taken into account of which I have no idea.

[deviator]

Do you mean bankruptcy? Or an IVA? (Individual voluntary arrangements)

[RobG]

http://www.stepchange.org/BankruptcyGuide/Bankruptcyandmycar.aspx

[05omegav6]

Bankruptcy, hence the use of the word...

[btc]

If I remember this right from my brother's you can keep 1 car up to the value of £1500 (needed as a means to get to work )

[btc]

You also have to surrender all bank and credit cards to the court

[tigers_gonads]

What constitutes assets?

If renting, it goes without saying that the house isn't on the list, but where do low value cars stand?

Only items I own are:
1x 270k mile twice Cat C explod estate, value worthless?   Not interested
1x 178k 3.2 Elite Estate, no Mot, value? not interested if the value is less then around 1500 quid
1x 10 year old TV, value £0 not interested
1x 10 year old dvd player, value £5? not interested
1x 10 year old stereo, value £20? not interested
200 cd/dvds value? hide them
Tools value ?  all tools which you need for work cannot be touched

Basically my immediate concern is the value of the cars... Is the white one actually worthless? And how would the unroadworthy one be valued? Would it even be considered an asset?

[/Unroadworthy one is scrap value and wont be touched b]



I went through this a few years ago Al and have a wealth of knowledge on the subject.
If I can help in anyway, give us a shout via pm and if need be, i'll give you my mobile number and we will have a chat.

[deviator]

Bankruptcy, hence the use of the word...

I only asked for confirmation to give you the right advice.
Have a read
https://www.moneyadviceservice.org.uk/en/articles/options-for-clearing-your-debts-england-and-wales

[05omegav6]

Bankruptcy, hence the use of the word...

I only asked for confirmation to give you the right advice.
Have a read
https://www.moneyadviceservice.org.uk/en/articles/options-for-clearing-your-debts-england-and-wales

Completed a provisional questionnaire with Stepchange earlier, and bankruptcy was the only outright solution that they could suggest

[moggy]

What constitutes assets?

If renting, it goes without saying that the house isn't on the list, but where do low value cars stand?

Only items I own are:
1x 270k mile twice Cat C explod estate, value worthless?   Not interested
1x 178k 3.2 Elite Estate, no Mot, value? not interested if the value is less then around 1500 quid
1x 10 year old TV, value £0 not interested
1x 10 year old dvd player, value £5? not interested
1x 10 year old stereo, value £20? not interested
200 cd/dvds value? hide them
Tools value ?  all tools which you need for work cannot be touched

Basically my immediate concern is the value of the cars... Is the white one actually worthless? And how would the unroadworthy one be valued? Would it even be considered an asset?

[/Unroadworthy one is scrap value and wont be touched b]



I went through this a few years ago Al and have a wealth of knowledge on the subject.
If I can help in anyway, give us a shout via pm and if need be, i'll give you my mobile number and we will have a chat.

Absolutely TG,went though this my self.Only interested in proper assets,home villa abroad,50 k Winnebago.They are not interested in cars,unless its a 8 mill sports car.

[05omegav6]

What constitutes assets?

If renting, it goes without saying that the house isn't on the list, but where do low value cars stand?

Only items I own are:
1x 270k mile twice Cat C explod estate, value worthless?   Not interested
1x 178k 3.2 Elite Estate, no Mot, value? not interested if the value is less then around 1500 quid
1x 10 year old TV, value £0 not interested
1x 10 year old dvd player, value £5? not interested
1x 10 year old stereo, value £20? not interested
200 cd/dvds value? hide them
Tools value ?  all tools which you need for work cannot be touched

Basically my immediate concern is the value of the cars... Is the white one actually worthless? And how would the unroadworthy one be valued? Would it even be considered an asset?

[/Unroadworthy one is scrap value and wont be touched b]



I went through this a few years ago Al and have a wealth of knowledge on the subject.
If I can help in anyway, give us a shout via pm and if need be, i'll give you my mobile number and we will have a chat.

Thank you Steve

[moggy]

You also have to surrender all bank and credit cards to the court

No you don't you just cut them up,and not use them again.From the day you file.Dean.

[tigers_gonads]

You also have to surrender all bank and credit cards to the court

No you don't you just cut them up,and not use them again.From the day you file.Dean.

But what you do do is draw the money off the credit card in CASH first to pay the bankruptcy court fee's 

[tigers_gonads]

What constitutes assets?

If renting, it goes without saying that the house isn't on the list, but where do low value cars stand?

Only items I own are:
1x 270k mile twice Cat C explod estate, value worthless?   Not interested
1x 178k 3.2 Elite Estate, no Mot, value? not interested if the value is less then around 1500 quid
1x 10 year old TV, value £0 not interested
1x 10 year old dvd player, value £5? not interested
1x 10 year old stereo, value £20? not interested
200 cd/dvds value? hide them
Tools value ?  all tools which you need for work cannot be touched

Basically my immediate concern is the value of the cars... Is the white one actually worthless? And how would the unroadworthy one be valued? Would it even be considered an asset?

[/Unroadworthy one is scrap value and wont be touched b]



I went through this a few years ago Al and have a wealth of knowledge on the subject.
If I can help in anyway, give us a shout via pm and if need be, i'll give you my mobile number and we will have a chat.

Thank you Steve

No worries bud 

[05omegav6]

Way I read that was that you only relinquish credit accounts, which would only be my Lloyds accounts as my newly opened accounts elsewhere have no credit facility

[tigers_gonads]

Way I read that was that you only relinquish credit accounts, which would only be my Lloyds accounts as my newly opened accounts elsewhere have no credit facility

You will probably find that Lloyds will probably close the account for you siting you are a undesirable or some other 'dangle berries' 

Before you do anything, open a basic cash card account (I used The Cooperative) and stick no more then 10 quid in there then put the card in the draw until you have been discharged.
Also helpful if you open a building society savings account and do the same 

The idea is that once you have been discharged, no ficker will touch you with a bargepole so as long as you have these accounts sat in the draw, you will be okay 
The idea behind the 10 quid is 2 fold .............. you will have 2 accounts in credit with no bad history and last but not least ............. It will cost the official receiver 10 quid per account to transfer the money out of them into there account so they wont bother 

[deviator]

I would still suggest independent advice from an expert. I'm not saying you haven't thought it through, but they may suggest things we aren't aware of.

[The Sheriff]

It's not an uncommon thing these days. Some people make it sound like nothing, others find it more difficult. Although the process itself sounds quite simple, it would be the time after discharge I would want to find out more about.

[btc]

Brother was discharged just over 2 years ago and seems to be okay getting bank account's ect so he say's

[05omegav6]

Certainly alot to.think on, and certainly not summat to be rushed into...

[tigers_gonads]

Way I read that was that you only relinquish credit accounts, which would only be my Lloyds accounts as my newly opened accounts elsewhere have no credit facility

You will probably find that Lloyds will probably close the account for you siting you are a undesirable or some other 'dangle berries' 

Before you do anything, open a basic cash card account (I used The Cooperative) and stick no more then 10 quid in there then put the card in the draw until you have been discharged.
Also helpful if you open a building society savings account and do the same 

The idea is that once you have been discharged, no ficker will touch you with a bargepole so as long as you have these accounts sat in the draw, you will be okay 
The idea behind the 10 quid is 2 fold .............. you will have 2 accounts in credit with no bad history and last but not least ............. It will cost the official receiver 10 quid per account to transfer the money out of them into there account so they wont bother 

Just to clarify these 2 "other accounts" are used in conjunction with the newly opened account to re build your credit history after the discharge 

[Rods2]

You also need to check how it would affect your current employment?

[moggy]

You also need to check how it would affect your current employment?

No sorry mate it does not affect your current employment,it may affect your future employment.As i know fact it did not affect my employment at the time,nor has it since.Dean.

[05omegav6]

You also need to check how it would affect your current employment?

Nothing in either contract or conditions... Only obligatory declaration is for anything criminal or licence related...

[Sir Tigger KC]

You also need to check how it would affect your current employment?

Nothing in either contract or conditions... Only obligatory declaration is for anything criminal or licence related...

It may affect a future job application though.   

[The Sheriff]

You also need to check how it would affect your current employment?

Nothing in either contract or conditions... Only obligatory declaration is for anything criminal or licence related...

It may affect a future job application though.   

Only in public service or something security related I should think.

[05omegav6]

Legally it affects company directorships and some financial regulatory licences according to Gov site

[moggy]

You also need to check how it would affect your current employment?

Nothing in either contract or conditions... Only obligatory declaration is for anything criminal or licence related...

It may affect a future job application though.   

Only in public service or something security related I should think.

That is  right Ste,like tg i have been through this.I have the video and t shirt,if i can help anyone with info.Just ask its no problem there is life after bankruptcy.Dean.

[biggriffin]

You also have to surrender all bank and credit cards to the court

No you don't you just cut them up,and not use them again.From the day you file.Dean.

But what you do do is draw the money off the credit card in CASH first to pay the bankruptcy court fee's 

As TG says, make sure credit cards are maxed,after you draw the cash on them,if you was a mechanic,trip to machine mart,be in order.Its not cricket but within the law.

[The Sheriff]

The receiver will check and, if they think you have taken the piss, can make life very unpleasant.

[moggy]

Legally it affects company directorships and some financial regulatory licences according to Gov site

HKT,The main thing is to listen to your official receiver,mine was brilliant.He was on my side,his side,and the creditors side.But remember they cant have what you don't have.Seven years on i can have,a £4000 credit card.The wife a £2000 credit card,me £2000 overdraft,wife £1000 overdraft.Me £10,000 personal loan,wife £7500 loan.OK only with the bank we use,we have not taken any of it.But it there if we want it.Its so important to know the ins and outs of bankruptcy,its not to be taken lightly.But if you are honest with the official receiver,you can still keep a good credit score.And still be able to obtain credit,just don't fall in to the same trap again.Yes its stressful yes it keeps you awake at night,but in the end its worth it.As i said before if i can give any info to anyone to help,pm me or ask here.As far as i am concerned,we on OOF are (sister sledge mode)Family. .PS yes i know my spelling is 'dangle berries',and that's with spell check.But i am sure you get where i am coming from.Dean.

[05omegav6]

Thank you, everyone

For me it will be a last resort, basically the transition from self employment to monthly pay has been a struggle, coupled with failing to sell ze German... So ze German is being returned and I then have to complete an income/expenditure process to clear the agreement balance. If I am unable to afford the revised payment then either they write it off or I go pop... But shall cross that bridge as it happens... I have a card and a bank loan both of which have a finite term, so if it is all likely to take seven plus years to sort, then bankruptcy becomes the shorter option, but if it can be dealt with in five years or less, then bankruptcy becomes less viable

Hopefully will be able to make a definitive choice by the end of August...

[moggy]

The receiver will check and, if they think you have taken the piss, can make life very unpleasant.

Ste with respect sir,my wife and i owed approximately,£100.000.Between us over about 12 years.All from banks, credit cards,different loan company,ext.Never intentionally ripped of them off,it just got to a point when.My outgoing out wade my incoming,fact.So i payed £450 each,to declare bankruptcy.Ste when asked by the judge,what i had spent the money on.I answered honestly on my self and my wife.Not to sound a self-abuser,but i got my self in the shit.And this was my only way out,the company's i took the money off can afford to take the hit as far as i am concerned.

[The Sheriff]

The receiver will check and, if they think you have taken the piss, can make life very unpleasant.

Ste with respect sir,my wife and i owed approximately,£100.000.Between us over about 12 years.All from banks, credit cards,different loan company,ext.Never intentionally ripped of them off,it just got to a point when.My outgoing out wade my incoming,fact.So i payed £450 each,to declare bankruptcy.Ste when asked by the judge,what i had spent the money on.I answered honestly on my self and my wife.Not to sound a self-abuser,but i got my self in the shit.And this was my only way out,the company's i took the money off can afford to take the hit as far as i am concerned.

Yes, I get that bit, Dean. What I am saying is, if you know you're going to apply for bankruptcy, you've made enquiries etc., and then have one last big fling with money you have no intention of repaying.......well.....they don't like it.

[The Sheriff]

In the end, it would affect the amount of time you stayed in bankruptcy. As you know, it doesn't have to be the full six years.

[biggriffin]

The receiver will check and, if they think you have taken the piss, can make life very unpleasant.

Ste with respect sir,my wife and i owed approximately,£100.000.Between us over about 12 years.All from banks, credit cards,different loan company,ext.Never intentionally ripped of them off,it just got to a point when.My outgoing out wade my incoming,fact.So i payed £450 each,to declare bankruptcy.Ste when asked by the judge,what i had spent the money on.I answered honestly on my self and my wife.Not to sound a self-abuser,but i got my self in the shit.And this was my only way out,the company's i took the money off can afford to take the hit as far as i am concerned.

Yes, I get that bit, Dean. What I am saying is, if you know you're going to apply for bankruptcy, you've made enquiries etc., and then have one last big fling with money you have no intention of repaying.......well.....they don't like it.

No they don't like it up em, but its legal, and business do it all the time.

[moggy]

The receiver will check and, if they think you have taken the piss, can make life very unpleasant.

Ste with respect sir,my wife and i owed approximately,£100.000.Between us over about 12 years.All from banks, credit cards,different loan company,ext.Never intentionally ripped of them off,it just got to a point when.My outgoing out wade my incoming,fact.So i payed £450 each,to declare bankruptcy.Ste when asked by the judge,what i had spent the money on.I answered honestly on my self and my wife.Not to sound a self-abuser,but i got my self in the shit.And this was my only way out,the company's i took the money off can afford to take the hit as far as i am concerned.

Yes, I get that bit, Dean. What I am saying is, if you know you're going to apply for bankruptcy, you've made enquiries etc., and then have one last big fling with money you have no intention of repaying.......well.....they don't like it.

Ste i totally agree with you,no they don't.But still the cant have what you don't have,irregardless of what you have spent it on.

[The Sheriff]

Going to Jail for Debt

There are times when you can be sent to jail and it's because of a matter surrounding your debt. For instance, if you fraudulently obtain credit you are breaking the law and could be sentenced to jail for fraud, but not for the debt. If you spend lots of money quickly and have no intention of repaying the debt then a judge can decide that this is fraud.

You can be sentenced to prison for ignoring the rules which surround bankruptcy. This can be as simple as refusing to let the Official Receiver in bankruptcy know about all of your assets or trying to set up another company.

Recently in the press a man was sentenced to nine months in prison because he set up a new company and spent thousands of pounds on personal items when it should have gone into his bankruptcy. This deliberate decision to ignore the bankruptcy rules meant he was breaking a court order. If you decide to enter bankruptcy it's essential you follow the Official Receiver's demands.

- See more at: http://www.debtsupporttrust.org.uk/blog/2012/7/20/bankruptcy-can-i-go-to-jail#sthash.jHmo5W5O.dpuf

[Sir Tigger KC]

So ze German is being returned and I then have to complete an income/expenditure process to clear the agreement balance. If I am unable to afford the revised payment then either they write it off or I go pop...

I sure you've considered all your options, but have you reconsidered renting out Ze German?  Might be better in the long run... 

[moggy]

Going to Jail for Debt

There are times when you can be sent to jail and it's because of a matter surrounding your debt. For instance, if you fraudulently obtain credit you are breaking the law and could be sentenced to jail for fraud, but not for the debt. If you spend lots of money quickly and have no intention of repaying the debt then a judge can decide that this is fraud.

You can be sentenced to prison for ignoring the rules which surround bankruptcy. This can be as simple as refusing to let the Official Receiver in bankruptcy know about all of your assets or trying to set up another company.

Recently in the press a man was sentenced to nine months in prison because he set up a new company and spent thousands of pounds on personal items when it should have gone into his bankruptcy. This deliberate decision to ignore the bankruptcy rules meant he was breaking a court order. If you decide to enter bankruptcy it's essential you follow the Official Receiver's demands.

- See more at: http://www.debtsupporttrust.org.uk/blog/2012/7/20/bankruptcy-can-i-go-to-jail#sthash.jHmo5W5O.dpuf

Ok Ste i see where you are coming from,but i just told my OR the truth.About my personal situation,and it worked out for me.If i have offended you or anyone,one OOF i apologize. But i don't think i will be giving any advice,or asking for it in the future.I was just trying to help.

[05omegav6]

So ze German is being returned and I then have to complete an income/expenditure process to clear the agreement balance. If I am unable to afford the revised payment then either they write it off or I go pop...

I sure you've considered all your options, but have you reconsidered renting out Ze German?  Might be better in the long run... 

No one to rent it to... Insignia is being disposed of viw this avenue, but to justify the approach with ze German the cost makes it unviable...

[tigers_gonads]

Not read all the posts but think I get the jist ................

Al, the receivers job is to recover money for the creditors.
He will do it in one of two ways .............. If you be totally honest and don't take the piss, he will work with you and in 12 months time you ring the receivers office and ask for a letter saying you are dissolved then you rebuild your credit rating and move on 

If you lie to the receiver, take the piss or try and get clever, he will then hammer you to within a inch of your sanity and almost definitely spin the judge a story and get it extended to 3 or 5 years .

As for taking your goods ............ what you need to remember is that the receiver needs to pay somebody to remove them, then he needs to pay a auction house to sell them. IF they is anything left of the money raised he will take a administration fee then pass what is left to the creditors 
In other words, if after that lot he can't make money then he won't bother taking the goods 


Also when you fill out your personal statement, the official receiver will be a hell of a lot more generous with your personal allowance then any so called debt management firm guaranteed 

Also something to remember ................ ALL banks and finance companies have block insurance against unsecured losses (whether they like to admit it or not).
That covers there arses if you don't have payment protection on any finance you may have taken out.
Just to round it off ................ the bank or finance company will right off 40% of all outstanding debts against there next tax bill so if you read between the lines and after all the bullshit threatening letters and phone calls, they really don't give a shit 

Keep smiling bud 

[zirk]

A lot depends how much your going pop for, and who you owe, if self employed any monies owed for Tax or NI could get written off, they will freeze, take control and close all your Banking funds, credit cards etc, if your lucky they may let you keep a simple Bank account for salary reasons otherwise its a case of opening a Non Status Bank Account from somewhere.

Tools of the Trade and Vehicle are yours under a right to work, unless its changed 7 years of grief, and within them years should you be earning reasonable money then the Trustee will asked for contributions towards your Bankruptcy.

Another serious question is are you likely to Inherit Funds or Assets during this period, as they will take that off you plus costs and serious interest if you do.

[tigers_gonads]

A lot depends how much your going pop for, and who you owe, if self employed any monies owed for Tax or NI could get written off, they will freeze, take control and close all your Banking funds, credit cards etc, if your lucky they may let you keep a simple Bank account for salary reasons otherwise its a case of opening a Non Status Bank Account from somewhere.

Tools of the Trade and Vehicle are yours under a right to work, unless its changed 7 years of grief, and within them years should you be earning reasonable money then the Trustee will asked for contributions towards your Bankruptcy.





Another serious question is are you likely to Inherit Funds or Assets during this period, as they will take that off you plus costs and serious interest if you do.

Lot of good advise in there 
One thing though ref the bank accounts ............... It costs the receiver 10 pounds admin fee to transfer money out of your account so if the account is in credit (with no history of default just like a freshly opened one  ) and has 10 pounds or less in there then the receiver wont touch it 


VERY IMPORTANT BIT HERE AL   
Once you make your decision (and if its bankruptcy) then every tom, dick and harry's attitude that you owe money to will soften. They will offer to try and help you 
What they mean is they will accept smaller payments ect ............
The thing is bankruptcy means you cannot afford to pay anything (in the eyes of the law), if you agree to pay even 1 pound towards anything, that constitutes that you are not totally insolvent and the judge may tell you to pish off 
Once the decision is made, STICK TO IT RELIGOUSLY because the cunning fickers will try anything to get even a pound out of you 

[The Sheriff]

Going to Jail for Debt

There are times when you can be sent to jail and it's because of a matter surrounding your debt. For instance, if you fraudulently obtain credit you are breaking the law and could be sentenced to jail for fraud, but not for the debt. If you spend lots of money quickly and have no intention of repaying the debt then a judge can decide that this is fraud.

You can be sentenced to prison for ignoring the rules which surround bankruptcy. This can be as simple as refusing to let the Official Receiver in bankruptcy know about all of your assets or trying to set up another company.

Recently in the press a man was sentenced to nine months in prison because he set up a new company and spent thousands of pounds on personal items when it should have gone into his bankruptcy. This deliberate decision to ignore the bankruptcy rules meant he was breaking a court order. If you decide to enter bankruptcy it's essential you follow the Official Receiver's demands.

- See more at: http://www.debtsupporttrust.org.uk/blog/2012/7/20/bankruptcy-can-i-go-to-jail#sthash.jHmo5W5O.dpuf

Ok Ste i see where you are coming from,but i just told my OR the truth.About my personal situation,and it worked out for me.If i have offended you or anyone,one OOF i apologize. But i don't think i will be giving any advice,or asking for it in the future.I was just trying to help.

What you on about, Dean?
How could you have offended anyone?
Your advice was sound and, along with everyone else's, will help Al to make a decision. I, and other people, were just adding our experience/point of view, that's all.
Sorry you saw it as you did 

[Marks DTM Calib]

From an employment perspective be aware that, as an example, if I were unable to get a credit card I would not get the job. Reason being is I get a company credit card to pay my travel expenses, if my personal credit history means I cant get this then I cant travel and are deemed unable to perform my work.

[Taxi_Driver]

From an employment perspective be aware that, as an example, if I were unable to get a credit card I would not get the job. Reason being is I get a company credit card to pay my travel expenses, if my personal credit history means I cant get this then I cant travel and are deemed unable to perform my work.

But, surely, a company credit card has nothing to do with your personal credit history 

Years ago, I had a company gold American express card with a limit of £50,000 (altho Gold amex cards were suppose to have no limit at the time). This was when I was in my early 20's and I doubt my credit history was good for £50k!

[chrisgixer]

O% credit cards can help greatly in these instances, given their minimum payment. There are other fees, like balance transfer fees and small annual fees, but it lets you get the rest of your affairs in order In the mean time.

http://www.moneysavingexpert.com/credit-cards/best-0-credit-cards

Assumes credit rating is still usable hence not too late to apply of course. And do a role down to read the links on balance transfer fees, and absolutely do set a reminder for when the zero% runs out. Then transfer to another card doing a deal at that time.

Depressing as debts are, you really don't want the Bankruptcy thing hanging over you.

[05omegav6]

Agreed, it's very much a sledgehammer solution, but with on agreement in default and one in arrears, refinancing simply isn't an option

Can't even short sell ze German, as the shortfall would need to be paid in seven days... Which isn't going to happen.

Current position is that ze German gets VTd and the agreement balance gets means tested. So until that happens, all I can do is research options

[The Sheriff]

Agreed, it's very much a sledgehammer solution, but with on agreement in default and one in arrears, refinancing simply isn't an option

Can't even short sell ze German, as the shortfall would need to be paid in seven days... Which isn't going to happen.

Current position is that ze German gets VTd and the agreement balance gets means tested. So until that happens, all I can do is research options

What's VTd ?

[Taxi_Driver]

Agreed, it's very much a sledgehammer solution, but with on agreement in default and one in arrears, refinancing simply isn't an option

Can't even short sell ze German, as the shortfall would need to be paid in seven days... Which isn't going to happen.

Current position is that ze German gets VTd and the agreement balance gets means tested. So until that happens, all I can do is research options

Take care of it, its been known in this hot weather we've been having, that they may catch fire 

[Marks DTM Calib]

From an employment perspective be aware that, as an example, if I were unable to get a credit card I would not get the job. Reason being is I get a company credit card to pay my travel expenses, if my personal credit history means I cant get this then I cant travel and are deemed unable to perform my work.

But, surely, a company credit card has nothing to do with your personal credit history 

Years ago, I had a company gold American express card with a limit of £50,000 (altho Gold amex cards were suppose to have no limit at the time). This was when I was in my early 20's and I doubt my credit history was good for £50k!

The way our company credit cards work is that they are in your name and the company pay the bill. That way if you dick about with your expenses and screw up the payment, its your credit rating that gets hit and not the company.

[Kevin Wood]

Sorry, looks like I managed to accidentally lock this topic. As you were...

[chrisgixer]

Woo, has Mr Wood acquired one o' them new fangled touch screens?