Hello again, I have today received a letter that informs me that the Official Receiver is applying to the Secretary of State for Business, Innovation and Skills for their release as trustee and they enclosed a summary of receipts and payments for my information.

Please can you tell me what this actually means as I was discharged August 2012.

Thank you.
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Thanks Jon, we went to court yesterday and it was judged that we could not afford the payment. The Judge ruled that what the OR wanted from us (£272 per month) would put our family in a difficult position that he would not agree to. I do know the process now though so if anyone else is in the same position I can tell them what to expect and the mistakes we made. The OR forms were incorrect on two main points as well which helped our case. The OR had a big blue book with him and three post it notes hanging out in various places that were the points of law that he expected to win on. The judge clearly knew what he was looking for as he had a similar book and needed pointing to the right page by the OR. The Judge asked the OR if he would appeal if he made judgement against them and the OR said no so the judgement was made. It took about an hour from start to finish and we were asked for supporting information to the points we made so the preparation and the large file we took with us was worth putting together. I do think it depends on the judge though as when we got there the OR was expecting a particular judge and was disappointed that it was not the one he wanted and seemed quite wobbled by the one we were assigned to. All in all it was worth it but it did take some putting together and getting right. Thank you again so much for your advice throughout this process. Phew, we can finally say it is over
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Thank you Jon - will let you know. We will do our best but it is really good to know that there is another avenue if this one closes.

Really appreciate your help - it has been invaluable
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Thanks Jon - yes we can prove it and that is what we intend to do. It actually costs £52 per week to get to work but they won't allow that.

Wondered if you had any advice regarding me being discharged (although not notified, found out through IR) and husband not although debt is the same?

I am planning to show how we have had not been able to continue the fabric of our lives also, i.e. sheets, towels etc all need replacing but have been given no allowance for this.

Cars are another point as we have two old cars that cost a lot to keep on the road but again the allowances do not give this as an option. Husbands car uses nealry as much oil as petrol (all documented) as is has done 145,000 miles and is 12 years old.

Thank you for your help, I am hoping we can put a good case together to prove that we have done what is necessary.

Do you have any idea what the format of the court case will be? How much time? What sort of questions? Whether we will both be able to go in?

Many thanks - I feel we are nearly there
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Hi there (again)

We went dual bankrupt for same debt. I have been discharged, husband has not. The OR disagrees with our outgoings and says that they exceed their allowances but they are real and take up our income. Does anyone have experience of being taken to court by the OR for a 3 yr payment agreement. They want £272 a month from us for 3 years but this amount is used up with grocery shopping and fuel to get to work which they say is outside of their allowances. Has anyone found the allowances that the OR uses because I can't find them. Not for a month or so - any help much appreciated
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Hi, we have been through the BR and one of us (me) has been offered early discharge with no payments. My husband has been given a telephone interview and told that we have to pay £272 per month for the next three years. We are only just surviving, our cars are on their last legs and we both work. Two children under 18 - both at school. They have not allowed anything that is not essential therefore we cannot afford to paint our rented house (part of the terms and without which we could be in breach of the rental terms and conditions) they have not allowed us anything but essential travel so we are in trouble for getting to a funeral as we do not have any spare cash. Is this normal? If this stands we will have to severly curtail ours and our children's travel and food..............HELP please Does anyomne have the allowances that they work to? They have only allowed us £400 per month for food for example and this is not do-able. Their allowance for mileage is way out of date as we are currently paying £8.25 per gallon for fuel but the allowance for us to get to work is half this! I will stop rambling now and hope for some help! I really thought we would be coming to an end of it now and that we would get the fresh start that we so badly need.
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Hi Jon,

That is why I asked - there is no property or assets to be disposed of. Got me wondering why they would do that. Any help from anyone would be appreciated. It has been stated as fact not something we have any choice over.

I guess the only money that they have is the tax tht we have been paying to Moon Beaver. Its only around £800 a month so around £5400 plus the tax rebate my DH received of approx £1400. We are not paying any monthly payments to the OR and have cars worth less than £1000.

Really worried about this..............

Thanks
S
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Hi Jon,

I have completed the form and sent it off - had a letter today to say that the file is being transferred to the RTLU (Regional Trustee and Liquidator Unit).

Please can you tell me what this means as the letter from the OR just stated those facts and said that I have to get intouch with RTLU in the future.

Thanks you all your help.

Kind regards,
S
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Hi Jon,

Had a letter today offering early discharge - we need to send them an income expenditure form and then they will ask the creditors adn the process will take some weeks to complete, is it worth it or shall we just wait for the automatic discharge promised in the letter.

Could you tell me the ups and downs of this option?

Thanks
S
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On 11th Feb it will be 6 months since our Bankruptcy. The OR said at our interview that she would discharge after 6 months - can we get in touch with her to ask or do we just wait? Thanks for all your help - nearly out the other side!
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What a brilliant tip regarding the Co-Op - rang them and opened a joint account (Barclays would'nt let us keep our joint account as it was a Premier account! LOL) and we will again have telephone and internet banking in a week to 10 days time - will also be able to tell Barclays where to put their cardcash account minus the internet and telephone banking!

Thanks so much.

Kind regards,
Carptree
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