Too Much To Bear Posts:9
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| 08-10-2007 10:12 AM |
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I need some help as I am worried about going bankrupt. I have attempted to go into an IVA last year and it was finally accepted by my creditors in November. However, what I could afford and what they needed me to pay were completely different. It was through a subsidary of Thomas Charles, a company called Philip Gill & Co who deal with business recovery and insolvency.
I run a small party shop but my debts occurred from a breakdown of my marriage. As I am in business with my new partner, can I still go bankrupt and not effect her? |
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Carrera Car Posts:9
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| 08-10-2007 10:49 AM |
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Hello, I am also in the same situation as you. I approached Debt Free Direct to help me out but when I completed an income and expenditure form, they refused me as I could not contribute enough. So much for writing off 75% of my debt! I have just signed into a Debt Management Plan now which eases the pressure for me. I was receiving 10 calls a day, even night, and the letters were almost threatening me. Best thing to do is ask for help. I expect I'll be going bankrupt too so your not alone. |
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Piggy Bank Posts:4
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| 08-10-2007 11:39 AM |
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Hi Carrera, I can vouch for Debt Management Plans, I first of all tried doing the plan myself, some worked but the grief I used to get was unbearable. It was the phone calls I couldn't stand, in the end I bought a new phone and only gave the number to those I wanted to be in contact with. I don't feel I was running away, I just wanted to keep my sanity. I often feel I have been in some way irresponsible, yeas, hands up, I proabably have been. Some lenders do have take a little responsbility aswell as I was nearly forced to take a loan out with my bank just so I could keep my overdraft!
Hope all goes well for you. |
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Debbie Baker Posts:109

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| 08-10-2007 11:50 AM |
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Hello Too much to Bear,
I do hope that your name isn't what you are feeling right now? You have made a good start by registering here.
Thank you for being honest about the entering into an IVA, sometimes it all looks so good on paper but when it comes to actually paying the monthly contribution, it is very difficult.
I read an article on Martin Lewis' money expert site over the weekend, he is very wary of IVA's as they are not right for some people, especailly when a property is involved.
In your situation do you trade as a sole trader or are there partners involved in your business, do you trade as a limited company? As for effecting your new partner, it may possibly but until we know the whole situation they may not have to be effected. Do they know about your situation? It's always best to share any concerns especially with those so close to you. |
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Kind Regards Debbie Baker Tip Consultancy - Financial Recovery Specialists 07790 533884 |
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Debbie Baker Posts:109

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| 08-10-2007 11:53 AM |
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Hi Carrera,
Thanks for joining the site - its taken you ages to finally register.
I am please that your Plan is working for you. Keep the site posted with what you are going through as there are plenty of others who need to hear that there is light at the end of the tunnel
A problem shared is a problem halfed...........
Keep up the hard work, you know you make some luck yourself. |
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Kind Regards Debbie Baker Tip Consultancy - Financial Recovery Specialists 07790 533884 |
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Too Much To Bear Posts:9
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| 09-10-2007 6:54 AM |
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Hello, thanks for coming back to me, its good to know there are others who know what I am going through. I am a sole trader for banking purposes however when I got together with my new partner then she became a partner, in name only for the accountant and her self assessments. We took the lease on together aswell, so that is in joint names. The lease provides us with the shop and rented accomodation. She was thinking about becoming bankrupt herself as when she left her ex-husband, she, like me, took debts along with her. Not sure what I need to do really. |
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Johnny Debt Posts:212

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| 09-10-2007 9:10 AM |
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Hello and welcome to the the site.
The idea of going bankrupt may sound appealing, as there is an opportunity to write off all your debts.
OK you may write off all your debts, but you may loose even more than you or someone else may be expecting.
If you have left your ex partner recently, were you a joint property owner? How was the property dealt with on seperation?
What is your current car worth?
What other assets do you have?
Your current lease, are there any clauses that mention bankruptcy?
I would also suggest doing a full Income & Expenditure (see link). You will then have a much clearer picture of what to do.
Sometimes it is better not to rush into a bankruptcy as this too could cost you much more than you eve thought. If you are getting shed loads of pressure, then maybe a Debt Management Plan is sensible for the short term, whilst you sort other important issues out. |
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Johnny Debt
07870 492521 |
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Too Much To Bear Posts:9
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| 09-10-2007 10:41 AM |
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Hello Johnny,
I did receive a lump sum from the sale of my previous marital home. This was 3 years or so ago and the funds have been spent on paying creditors and setting up my new business.
My car is on its last legs I'm afraid - I could do with a newer one - no chance of that though!
I'll complete the income and expenditure - where can I e-mail it too for you to have a look at? |
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Debbie Baker Posts:109

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| 11-10-2007 5:46 AM |
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We have a contact that may be able to help you leasing a newer car for you - you see, all you had to do was ask the question......... This will need to be included in your income & expenditure, and may even be of assistance to you in reducing any disposable income for any future solution for you.
Please call if you need an explanation.
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Kind Regards Debbie Baker Tip Consultancy - Financial Recovery Specialists 07790 533884 |
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Debbie Baker Posts:109

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| 11-10-2007 5:54 AM |
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I forgot to include the contact for any future car leasing you may need
His name is Graham Jones and his contact details are located in our 'About Us' section |
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Kind Regards Debbie Baker Tip Consultancy - Financial Recovery Specialists 07790 533884 |
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Johnny Debt Posts:212

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| 11-10-2007 7:13 AM |
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Posted By Too Much To Bear on 09-10-2007 10:41 AM
I'll complete the income and expenditure - where can I e-mail it too for you to have a look at?
I would suggest that you send it to info(at)ridingtherhino.co.uk
For anti spam purposes - Please remove (at) and replace with the @ sign.
We will then read through it and pass it onto who we would consider to be the best solution providers for you. |
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Johnny Debt
07870 492521 |
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Too Much To Bear Posts:9
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| 13-10-2007 10:11 AM |
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Hi, I've finally completed my income and expenditure, not looking good I'm afraid and its all without paying the credit cards and loans! My partner has also completed one and we have completed a joint income so you can see the real picture. As explained, I did try an IVA before but it just didn't work for us so now I'm at my wits end. I am ashamed to say that I have £45k of unsecured debt and my partner has £150k.
Marriage - I'll never do that again! |
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Johnny Debt Posts:212

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| 14-10-2007 12:57 AM |
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I would also be interested to know how your business is set-up? As there may be a knock on effect if you do go BR. |
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Johnny Debt
07870 492521 |
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Too Much To Bear Posts:9
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| 18-10-2007 6:14 PM |
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My business is actually set up as a sole trader with my bank. Its a credit only basis account with Natwest. The shop lease is in joint names with my partner. Bills come in all shapes in sizes! Some are addressed to the shop, somw addressed to me and others my partner. If I need to go bankrupt, does the bsuiness need to get involved as it will be me going bankrupt? |
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Debbie Baker Posts:109

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| 18-10-2007 6:31 PM |
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When you petition for your own bankruptcy, you are quite right, it is your own personal debts that will be taken into account. Unless of course you also file for the effective winding-up of your business, if you feel that the business is not viable to continue trading.
If you decide that the business is not running as effectively as it should, please be assured that there is always something that can be traded/saved or turned around.
We have active members on this site who deal with the buying and selling of business. Sunbelt business Brokers, I believe, are also in the process of managing business in readiness to sell.
If you decide that the business is doing well and that it is purely your personal debt thats holding you back, there is a contact to help you create that positive mindset and achieve those business goals. The Wellman Partnership aids you in achieving those goals.
Please look at our 'About Us' section for more details. I'll forward this post to them so you could potentially discuss the way forward. |
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Kind Regards Debbie Baker Tip Consultancy - Financial Recovery Specialists 07790 533884 |
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Debbie Baker Posts:109

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| 23-10-2007 11:11 AM |
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Hello TMTB,
Thank you for e-mailing us your income & expenditure. After reviewing the situation, you are correct in saying that you are insolvent and have no way of repaying your debts. I know this sounds scary but please be assured that bankruptcy is not as bad as it seems. The word frightenes many people however you will need to overcome the stigma - it is only a word afterall!
The impact on your business should not be too overwhelming. The courts are dealing with your insolvency and not the business as you want to continue trading.
I go go through the whole banruptcy process with you from the form fillinf of the statement of affairs right down to what the judge could potentially ask you.
Please be assured you are not alone. There are plenty of people in your siutation through no fault of their own. What you need to concentrate on is making sure you keep your business up and running and make it successful. Banruptcy allows a fresh start for people like you.
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Kind Regards Debbie Baker Tip Consultancy - Financial Recovery Specialists 07790 533884 |
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Too Much To Bear Posts:9
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| 25-10-2007 8:04 AM |
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Hi,
I did know deep down that I would need to bankrupt - I think I was just putting off the inevitable. I feel the lowest of the low at the moment. I'm going to lose everything I have worked for. I know loads of others have gone bankrupt but it doesn't help me, what is it that I need to do? |
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Debbie Baker Posts:109

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| 25-10-2007 8:11 AM |
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Since the Enterprise Act in 2002, there have been immense changes - it is a serious matter but bankruptcy meand you start afresh again and give the opportinuty to individuals and any budding entrepeneurs to continue ans start a business again.
Honestly, yes - it used to be a horrible thing you had to go throuhg, you lose your house, job, car, have your furniture taken and creditors come after you. GOOD NEWS! If you use bankruptcy wisely you will be debt and worry free!
You do not lose your possessions, you don't necessarily have to lose your home or car and you are discharged within 12 months. Yes, there are restrictions but thats why this site has been created is to help advise individuals on the way forward. Everyone has unique circumstances and should be created as such. |
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Kind Regards Debbie Baker Tip Consultancy - Financial Recovery Specialists 07790 533884 |
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Too Much To Bear Posts:9
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| 05-11-2007 1:22 AM |
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Thank you Debbie, It is very difficult to understand all the ways that Bankruptcy can actual help you. Yes, I would be debt free but I am worried about the other implications like losing my passport and my driving license - will I go to prison?
I am also worried out my furniture, I am paying a friend of mine through a catalogue for it - will it be taken away?
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Johnny Debt Posts:212

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| 05-11-2007 1:40 AM |
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I think only in Ireland do they take your passport from you if you go Bankrupt. So if you are mainland UK you will not loose your passport.
Driving Licence is safe.
You will not go to prison just by going BR.
However if there is a serious case of fraud then that is a different matter. I doubt very much that you would fit into that catagory. |
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Johnny Debt
07870 492521 |
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