over half way through!

Share your story of becoming bankrupt. Help people to understand what it is really like.

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over half way through!

Postby patch on 01 May 2008, 21:12

I have visited this site so many times over the last three months it feels like home! I have often debated with myself as to whether I am ready to share the story of our bankruptcy, but I think if it helps one other person then that has to be a good thing.
And so I will begin, My husband and I started a business 10 years ago, initially with a £20,000 bank loan. A business that would have failed long ago if we had not relied on credit to support us and the demands of a trade in serious decline along with us and our four children to support. One of our children has a serious illness which has left me at home to care and unable to work, that and the business failings left us in the position of taking a IVA. As we did not own our house it was perhaps in hindsight a foolish thing to do. However, in Feb this year two of our customers went bust and our supplier also went into liquidation. Left with no supply to sell and incurred debt from customers we were thrown headfirst in to bankruptcy.
Having spent many years screaming at my husband we should be bankrupt and berating him for not admitting defeat all of a sudden there we were in the position I had wanted but now I was so frightened.

So now for the important part the actual deed!

I had decided to phone the insolvency website at just after 4 pm to enquire about court dates. They told me that whilst some courts have open sessions, I should be prepared for up to a four month wait in certain areas. Major panic on as our local court was by this time closed so that was a sleepness night. In the morning though I phoned them and they were lovely. Told me to do forms on line and take them along to the court with the fee, before 12 on a day of my choice.

Once I had completed the forms, I collated all the relevant information, car logs books, accounts, customers who owed us money, bank statements etc all into two large and heavy ring binders. Whilst this took a good four days it was certainly worthwhile doing as I could check easily that everything was present and correct. So on the 2nd April (my husbands birthday) we went to the court. I was immediately sick in the toilets,and then i cried my eyes out whilst a lovely lady at the counter went through everything. We then had to sit and wait to see the judge which was about half a hour, we were then called in and asked to take a seat. He asked if we wished for him to make us bankrupt to which we said yes, he then read through the documents, and told us that he could indeed see we were insolvent and with that stamped it all. He then told us that we should co operate with the official receiver as it was now in their hands. We thanked him and went back downstairs to the lady at the counter. after handing her our stamped forms we had to wait in a small room for a telephone call. The case officer called and introduced herself and went through the basics of the forms. clarifing some points, and then I asked what I was to do with all the binders of information I had with us, she told me that I could take it immediately to their office which is across the road from the court. So we went on our way there and met with her, for which I was so glad as its always nice to put a name to a face. She could not have been more helpful and We both felt alot more relaxed having spoken with her. And so we then went home to a empty house. We felt empty to, drained from it all but the feelings were not bad just tired.
We could not have a official interview until the 22nd april so of course I could not really relax until that was done. One thing I did was to seperate all the sections of the forms and clearly marked them as to find the relevant information easily, set them out on the kitchen table ready. Promptly as arranged the official recevier rang and the interview was to last just over a hour. But Now I know that sounds like a long time but all our questions were answered and having been self employed it was not as straight forward as some. As we had been able to claim job seekers allowance as we now have no work, that was information to be passed on as that was not in effect at the time of the br. The OR told us that our family car will be collected with in the fortnight, but they were making the van exempt. We are allowed to trade that in for a car if we don't take any finance out on it and it is valued at the same as the van. We have received tax returns and I spoke to the tax office who told me that we have to submit this as they need a figure for the BR. Our accountant will do no more but I am on the case and getting through the forms. So I hope that is my last look at the doomed business records!
The OR gave us a direct dial number in case of any questions and told us to have no worries about ringing about anything at all to do with the BR and or anything relevant. As on benefits no ipa being put in place.
(We could find no information if we would qualify for benefits till new work was found, and with four children this was a major issue to me, However the jobcentre plus were marvellous help.)
We were able to open a co op account and My dear husband has a job interview lined up. On a emotional level I thought he would explode having lost his work for the last ten years but he has taken it ok. He is looking forward and accepts that this has happened. It is quite nice to have him home a bit, (not too much though) as all the jobs that have never got done seem to be getting done, although he never completes a job around the house!.
And do you know I think I must have spoken to the nicest people ever when sorting out things now. No one has been judgemental at all.
So we have yet to go through the process of starting work, although we have been told a nil tax code will be applied. And the trauma of having my car lifted sometime in the next week or so. But if I can offer one message, the agony of being in debt, dreading every visit by the postman, and the phone ringing, is dreadful, but the agony of going bankrupt and I wont lie it aint been easy, has been no worse than the life I had post April 2nd. But now I have the knowledge things will get easier not worse.
So be prepared, be honest and don't feel alone or ashamed. Come on here and look at all the information, I learnt so much from this site. Its not a ride I would have wanted to take but hey, who says we get to choose which path life will take us.
For my Husbands next birthday Guess what he is getting?
A bankruptcy discharge and that has got to be a good thing,

Here's to the future
:wink:
Last edited by patch on 11 Nov 2008, 18:44, edited 2 times in total.
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Postby Piston broke on 02 May 2008, 22:21

Thanks for sharing your experiences patch. Its not always easy to do.
Its a shame that people have to go through all of this through no fault of thier own.

Anyway you have a debt free future to look forward to now and long may it continue so.

Good luck for the future.


Geoff.
My wife says I need glasses.....................So I can see things her way !!!
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our story so far

Postby patch on 03 May 2008, 08:14

Thanks Geoff for the words of support. When I was looking on here prior to BR for information I looked at at lot of your posts, so it really is a big Thank you. It would seem that no one will tell you a detailed list of allowable expenses, yet from reading one of your posts I now have a very good idea.
I hope as time passes I will learn more about the processes involved and then perhaps be able to help someone else.
I thought that whilst the forms available were very informative from the OR office, a lot of what I actually needed to know was not there, so this site has been a huge help.
One of the worst things that hit me was the emotional rollercoaster but the knowledge that we are not alone helps hugely. :D
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Re: Our story so far! 4 month update

Postby patch on 23 Jul 2008, 12:40

Wow, a third of the way through! Well, its certainly a different life now. Having got over the actual day in court and the interview, we found ourselves in a bit of a no-mans land. Without our business we had no work, but with great thanks to the Jobcentre who were marvellous at helping us on the phone and in person we were able to put in a claim for job seekers allowance. I expected everyone to be so judgemental but I can honestly say that we have had really nice people dealing with us. The few creditors that decieded to bother us have been sorted out swiftly once we referred them to our official receivers office and they too have been very good. Despite our car only being worth under 1000 pound that was collected and crushed in front of my eyes outside my house, which I must admit made me feel a littel sick. We were allowed to keep the van, no good for a family of six so we traded that in for a "very old" car. My husband has a new job, something totally different to anything we ever thought of but he is really enjoying it. Although just part time at the moment we hope that once the training is complete we will be able to get a little more back on our feet. I have had a difficult four months as I was also nursing my grandma through brain cancer and the loss of her was so immensely painful, but it has put the bankruptcy into perspective. We have no luxuries, no excesess, and do genuinally struggle to live with four children but then looking around us so are most of our friends. As none of our friends have money for a social life either we certainly dont feel like we are missing out. I have become a wizz at finding free things to do with the kids, go to the supermarket with a calculater in hand and all the money off vouchers I can find, and the satisfaction of getting home with a bargin is amazing. Much more so than the buzz of what we used to have. The kids school have been truely so kind too. Although we were worried about uniforms, school trips out etc they have helped us a lot. In return I go to them to offer all the help I can as I am not working at the moment. I actually did not feel the relief straight away that some people talk about, it really took a good 8 -10 weeks to get my head around being a bankrupt, But the valuable lessons it has taught and continues to teach me will stay with me. Even if we ever do get things on a level pegging I will never take for granted friends, family and our belongings. I am finding some days hard, but more and more it is getting easier. I think the main difficulties we have had have been because we had a business, if we had the continuation of a job after bankruptcy then I am sure things would have been easier. I still visit this site to get general information and it remains a god send in my life. I wish we were not in this position for the sake of my kids but they even admit that we were broke before so its not had too much of a impact on their lives and they think that we as parents are much happier and more relaxed. So once again, if you are reading this and thinking of the bankruptcy route, take a deep breath and be safe in the knowledge that there is light at the end of the tunnel..... Best wishes.......
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Re: Our story so far!

Postby Thomas on 23 Jul 2008, 17:06

Hi Patch

What a great story!
Like you, I saw it all as a nightmare because I had been self employed all my life and, whilst this made me used to responsibilities, my BR was the first event in my life that I could not overcome or control. Thus I went into deep depression at the thought of all the potential judgement of others and the preceived disgrace to the point where I had to seek medical treatment. Other than the fact that I no longer have any effectual capital , I am content. In fact, I now have almost evangelical zeal to reassure anybody else going through BR that the court/official receiver process etc it is not something to be frightened almost to death about. I am now 2 years on from my own BR.

Just one point in yout post surprised me. As your car was worth so little and not worth the OR's while financially, why was it collected AND crushed? That seems a rather spiteful thing as it must have cost money to do just that.

Regards Thomas
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Re: Our story so far!

Postby patch on 23 Jul 2008, 17:55

Hi Thomas
We were assured by the general information that cars worth under £2000 were rarely removed as a valuable item. During the interview we were just informed that whilst they had no interest in the van, which was on its 2nd engine, R reg and worth £300, they were indeed removing the car. The car was not at the time working, so whilst if it was it would have been worth about £1500, it required work for which is why I suppose they took it. (presumably as they knew we could not finance garage fees) but in its condition at the time of bankruptcy it was only worth approx £1000. They just said that it would be collected, as indeed it was by our local scrap merchants. They opened the windows, threw through a massive chain and crushed the roof in then took it away. About a week later I had a letter through to let us know that it had been destroyed and the dvla informed. We were able to exchange the van for another car on condition no finance was taken (impossible as we are bankrupt!) When the IVA company phoned to tell us they had been informed of our bankruptcy, they were very surprised that the car had been taken. Perhaps because it was all we had, it was taken as a token gesture. Regardless, it was not for us to start a debate with the official receiver, merely our place to say ok, heres the keys! :roll:
Its reading posts such as yours that has proved invaluable assistance to me. That there are people surviving this route and afterwards is very reassuring.
Thanks
Patch
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Re: Our story so far!

Postby Hg on 23 Jul 2008, 21:04

I'm afraid it seems you were misadvised re the car.

A car can only be exempted if it is of a low value AND if it is needed, by the bankrupt, for one of the purposes the law specifies.

An unroadworthy car clearly can't be used for any of those purposes, and therefore remains the Official Receiver's responsibility. The OR can't leave cars he is responsible for just hanging around, so he has to arrange for them to be removed; even if just for scrap.
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Re: Our story so far!

Postby patch on 23 Jul 2008, 21:58

Thanks for that information, I did not want to query it at the time of the interview. I totally understand the reason behind that. Thanks again for taking the time to explain.
Patch
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Re: Our story so far!

Postby hills on 10 Oct 2008, 10:08

hi
have visited this site alot just lately.
after many sleepless nights my husband and i have decided to go down the BR route as we have no other option our business has failed after 8 hard years of trying to make it work.
we are now waiting for our BR packs to arrive so we can start the process.
how do i feel? as if the world has come to an end. dont want to wake in the morning. My husband is being so strong but i just feel a failiure. Do things get better? At the moment i see no light at the end of this very long dark tunnel
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Re: Our story so far!

Postby patch on 10 Oct 2008, 10:33

Hello
I am really sorry to hear that you are feeling so bad at the moment. I know the sleepless nights, constant daytime and night time worry wear you out to the point you cant actually see any light at the end of the tunnel. We are six months in now and I cant tell you enough Yes things get better. Of course there are challenges ahead with everything from facing the time in court, trying to sort out new jobs, to the inevitable dealings with the official receiver and tax office, but believe me there is nothing that is as hard as being in the situation you are now in.
Basically we went through a period of grieving for the loss of our business which was very painful, still now we wish we had done things differently but we didn't, so this is the situation we are in and the best way to deal with it for us has been not to reflect on whats lost but to think about what we can build and gain for our future.
My husband has a job now which he adores and is really happy. It's very strange because we had kind of lived in a bubble with our kids, working and living together. Its as if someone took a great big pin to the bubble and left us in pieces, but we will have to just pick up the pieces and rearrange them to make life work for us. I thought that it would be him that really suffered with the loss of the business but he is fine. You just need to support each other. At the end of the day we have five and a half months left, so we are not out the woods yet, but I am already feeling better. Take a deep breath, and remember that you have each other. Lean on each other to get through, we were like a see saw one day it was me in tears the next he was down but it will balance itself out.
Are you going to do the forms online? I found the insolvency service were very helpful on the phone when I did our forms.
Remember nothing is worse than what you are going through now.
This site kept me sane, it was the bandage on my life that I needed, and still use although its more of a plaster now the wounds are healing.
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Re: Our story so far!

Postby hills on 10 Oct 2008, 14:33

thanks for the reply. we have received our peck this morning. should we do it on line? what do we do about a bank account? i just feel its all against us? I have been possitve up to now but am having a real down day today. I am sure i will get there. My husband is fantastic and at least we are strong together.
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Re: Our story so far!

Postby patch on 10 Oct 2008, 14:56

We did it online then took it to court with us, personally I did it that way to save having to going to the court for the papers. It certainly is not all a against you, everyone is there to help. It will be a different life but it does not have to be a bad one. We applied for a account with the co op and that's fine for a basic account. Even the lady on the phone was lovely and soon eased my embarrassment at having to admit I was bankrupt. We did that after the order was made as we were told that the official reciever would stop all bank accounts straight away but it seems that is not always the case. I don't know whether you have children but we did ring the child benefit and arrange to receive giros that week so that it was not gobbled up and we had money to feed us. There are lots of posts on this site about bank accounts so it's certainly worth a read of them to gain as much information as you can then you can have some options.
Honestly you will be fine
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Re: Our story so far!

Postby Thomas on 10 Oct 2008, 15:51

Hi Hills

Patch is right. He/She came the through the vale of tears and so did I. Although it is dead easy to say, once the decision for bankruptcy has been made it gets better, even if you cant see that now. You will have crossed the rubicon and events will take their course. I suppose the perceived worst aspect of these events is the publication of your name/address in the local paper, otherwise the court hearing (about 2 minutes...),the OR interview etc are nothing to worry about. If you are nervous about either of these matters, take someone with you for moral support and as an observer.

Let us know how you get on

Thomas
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Re: Our story so far!

Postby hills on 10 Oct 2008, 21:37

hi thomas
thanks for the advice after reading about others experience i feel a little better tonight. my husband has told me that tomorrow we are having a day together and we are not to mention th BR word!!! i wonder if we will manage it. Then sunday we are going to fill in all the forms.
People around us have been so kind and understanding. All our staff 5 of them have all been supportive so much so that they are taking us for a meal tomorrow to thank us for being such good bosses.
I realise now that there will be good days and bad days but with the love of my family and support of friends we will be fine.
i will keep you updated :D
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Re: Our story so far!

Postby Piston broke on 10 Oct 2008, 22:10

Hi Hills
It does all seem a bit daunting at first, but once you have been before the Judge and had the papers signed, then you will feel totally different about it all.
When you get to the court for your appointment, ask the clerk to ask the Judge if both you and your husband can go in together, you will feel so much happier and more relaxed if you are together. I know my wife did when we went to court, I was sweating buckets :?
Just think, two minuets and your whole future changes.

Best wishes

Geoff
My wife says I need glasses.....................So I can see things her way !!!
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Re: Our story so far!

Postby patch on 11 Oct 2008, 09:07

Hello Hills,

I am glad you feel a little better. I hope that the form filling goes smoothly, don't forget lots of advice on here if you get stuck. Please let us know how you get on,

Good luck
x
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Re: Our story so far!

Postby hills on 12 Oct 2008, 15:57

hi
read through all the BR forms today so daunting!!! Mind you when all is said and done it was the business that failed, we did all in our power to make it work lots of hard slog for 8 years, nothing to show for it apart from the situation we now find ourselves in.
As my hubby said today we ran the business honestly all legal and above board so we have nothing to reproach ourselves for. Maybe we should have got out earlier but hindsight is a wonderful thing. Failing was never in our nature but its happened and we must put it down to experience we have learnt a hard lesson but hopefully we will come out the other side wiser and stronger.
We have our families, friends all rooting for us so things will only get better.
I feel like having a t shirt printed with ' I am a bankrupt but i WILL survive' :D
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Re: Our story so far!

Postby Piston broke on 13 Oct 2008, 21:38

Hi Hills
You like a lot of people want to try and better yourselves by running your own business, I know I did.
I ended up in the same position as you sitting in front of the Judge feeling like a complete and utter failure and wishing a hole would appear and swallow me up. Ten mins later and to be perfectly honest I didnt feel any different, still felt a failure as I was now a bankrupt.
Sat with the wife and had a cup of coffee in a cafe and then smiled, I was free from all our debts and it suddenly felt fantastic.
Our money was ours not anyone elses, we had spent years trying to pay people what we owed them and were making ourselves ill in the process, it wasnt an easy decision to make but I am so glad we made it. Not just for our sake but for our children as well, we could now get them the stuff that they needed not necassarilly what they wanted.
What the repercussions in the future will be like I dont know, we will cross that bridge we we come to it.
We are now a proper family again and able to do things that we should have done many years ago.

As you said, Its not you who have failed, but the business.

Dont forget we are all rooting for you as well.

Keep us posted on how you get on will you.

Geoff
My wife says I need glasses.....................So I can see things her way !!!
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Re: Our story so far!

Postby hills on 14 Oct 2008, 09:41

hi geoff
thanks for reply
Guess what? I have got a new job!!! Been out of work for a week! I was a little daunted about the interview but when i arrived it was a lady i knew who i saw every day through our business. She offered me the job there a then. Maybe some one is looking down on us.
My hubby and i are still struggling to get through the BR forms only 4 sections to go on his then i can start on mine. Hopefully we will then get a court date. How many times do you go to court before you are classed as bankrupt?
Still feell a little sad about the business as it meant so much to us and others but the messages of support from customers has been overwhelming. You certainly find out who your true friends are at times like these.
So today i feel possitive just want my hubby to be as fortunate as me. He deserves it too as he has been my rock during the last few years and he must have been so worried himself.

I will of course keep everyone posted on our journey of ups and downs our very own roller coaster ride with no charge :lol:
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Re: Our story so far!

Postby Thomas on 14 Oct 2008, 10:55

So glad you feel better today. Good to hear about the job. People will be sympathetic and you are already experiencing the start of this.

You only go to court once and it will take about 3 minutes! Go in together for moral support. The main thing is NOT to worry about it. It is natural to be concerned, but now that you have made the BR decision, worrying about the procedure etc is pointless. Events will take their course and other helpful people/friends will appear, just like you have already described re your job interview.

Keep us informed Thomas
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Re: Our story so far!

Postby Piston broke on 14 Oct 2008, 16:10

Hey thats fantasic news.
As Thoomas says you only go the once and its all over in a matter of 5 mins or so.

Good luck in your debt free future. :D
My wife says I need glasses.....................So I can see things her way !!!
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Re: Our story so far!

Postby hills on 14 Oct 2008, 19:28

hi
its me again. filled in all the forms on line today only took 12 hours!!!!!! we are both shattered.
one question what happens to life assurance policies. they are both life decreasing to cover the mortgage. After BR we wont have a mortgage as we will lose the house so what happens to the policies. Do we start new ones can we?
bit confused any help would be appreciated :?
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Re: Our story so far!

Postby patch on 16 Oct 2008, 13:03

Hello Hills,

With regard to life insurances all I can tell you is what we were told which is, we could keep the life insurances we had in place but would have to pay a one off fee of £50 to the official receiver to enable us to keep it protected therefore available in case we needed it. It also depends on the value of it and if there is any cash in value on it. I believe you will be required to produce all relevant documents, as we were. We could also start a new policy if we wanted but the same thing applies. We surrendered the polices as we were out of work with the business gone so we thought it would save us the money monthly. We also cancelled the home insurance due to the expense of it. We are fortunate to be in a council house, I am so sorry you are facing the prospect of losing your home. If you go on the insolvency website you can download the leaflet telling you "what happens to my home" which may help you. I phoned the helpline consistantly through the day when I was filling out the forms online for assistance and they were very helpful.

We were able to go in to the court together, five minutes then we had to take the forms back to reception, wait a while then we had to go in a small room to speak on the phone to the official receivers office, for basic information. We were then able to take all the information straight over the road to their offices and leave all our documents etc with them. We had a telephone interview, each taking it in turns and that was that. Over the next few months there were some more enquires but we have now had a letter each telling us its been passed from the official receiver to a RTLU office who will deal with the rest. That caused us initial panic but I looked on here and it seems standard procedure.

We have had a most bizarre year, but with the lows have come some highs and lessons learned. It does get a lot better. It sounds like you have lots of support and love around you, good luck.
Congratulations on the new job too x
Keep your chin up
Best wishes
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Re: Our story so far!

Postby hills on 17 Oct 2008, 20:36

hi everone
got our court date today 31st october. we are a little apprehensive but at least we will then be on the road to recovery. my hubby got offered a job today its not much but at least it will keep him occupied and stop him from climbing the walls!! My job is lovely very rewarding not in the financial way but the emotional way just what i need at the moment.
I know there will be good days and bad but we are both very possitive at present
I suppose it is because we never lived a fantastic life it was a big struggle before BR we haver never owned fast cars had lots of holidays all we did was work hard and made big mistakes along the way yes they were our mistakes and maybe we should have taken advise earlier but we didnt.
We both know that we are set to lose everything but when all is said and done it is just material things we have still got one another and our two fantastic daughters.
So to all the people out there who have supported us i wish to say a big thank you this time last week i never thought i could cope but i can and i will. :D
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Re: Our story so far!

Postby Piston broke on 17 Oct 2008, 21:44

Well, you are now on the way to a debt free future, as you say only two weeks to go.
You can stop paying all of your creditors now if you havn't already, a few more quid owed really wont break the bank.
Make sure that you draw any cash out of any bank accounts before you go to court, as they will be frozen pretty quick.
You will obviuosly need to open a new account soon, try the CooP cashminder account, it at least gives you online banking and an Electron card which acts like a debit card.
If you open one before the hearing make sure that you put it down as your basic account for your wages and that you have only just opened it, the OR will write to the bank to say that they have no interest in the account and it should stay open for you.

Good luck for the future.
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