Bankrupt

[scotty123456789]

Right guys, could do with some advise.

Its taken some guts for me to write this but here goes.

Im involved in an I.V.A.

Its a form of bankruptsy, but not as serious.

Over the years when I was a youngen, I hammered the credit cards, loans, overdrafts etc, and went into an I.V.A

I pay a certain amount each month, and after 5 years, the debt is written off.

During the last couple of months or so, my hours have been dramaticly reduced, and I have missed 2 payments on my I.V.A.

I have missed 3 all together, which meens the I.V.A fails.

What happens now is, the crediters will know about my I.V.A failing and I will start to recieve letters, phone calls demanding there money etc.

I have spoken to citizens advise which advised me to declare myself bankrupt.

I have know assets, car, house etc and this seems the best option for me.

But what would happen to my wife, would she be sent back, I realy dont know what would happen.

Now I have succesfully past an interview, and start my new job on monday, so I am not claiming public funds.

With this new job, we have around £150 to live on each week after paying everything out.

I have put down on the income/expenditure form that after paying everything out, I have around £30 each week to live on.

This would see me as having to go bankrupt, obviously I have fiddled the income/expenditure a little buy around £120 a week, Putting down double rent, food, etc etc.

This is the best option for me, but I am just worried what would happen to the wife.

When it comes to applying for ILR or FLR I can more than prove that we have sufficient funds, also my wife is currently unemployed at the moment.

Hope you can help.

Many thanks

Scotty........

[wolf5370]

I assume you are nt he UK and your wife is Thai. What Visa is she on? Suggest you talk to Scouse - look for the DAVIES KHAN Banner on this site - he is the UK VISA Guru. Try sending him a PM pointing him to your post - I would guess you wouldn't want to post ant further personal details on a public forum.

Good luck mate

[scotty123456789]

Thanks

She is here on a settlement visa, been here two months.

Yes I am English, she is Thai.

Cheers...........

[Guemlum]

Heavy stuff there scotty...It takes alot of guts to admit to that. I don't really know much about bankruptcy but I really do hope you manage to sort things out, and hope you both get yourselve's back on your feet again soon.

Guemlum and Mrs Guemlum

Edited March 13, 2008 by Guemlum

[the scouser]

Scotty,

Providing that you and your wife can financially support each other, that you are personally bankrupt is of no consequence. If you want to increase your household income, don't forget that your wife is allowed to work if she wishes.

Scouse.

[Jeff1]

I know it does not affect her status in the U.S.

[zorro1]

I don't know about over there but In OZ nobody can make you go Bankrupt. Bankruptcy is a choice you make to stop creditors harassing you especially in your case where you didn't have your own business and don't have any assets so you got nothing to lose so why go bankrupt? You just got lost in a credit maze. If you were in Oz i would say don't do it and you will have to surrender your passport for 5 years. You don't need to ,its voluntary just tell the collectors to nick off after all they are just working on commission. but do try your best to do the right thing and pay your debts off eventually.

Of course the U.K may be different..

[jstumbo]

I don't know about over there but In OZ nobody can make you go Bankrupt. Bankruptcy is a choice you make to stop creditors harassing you especially in your case where you didn't have your own business and don't have any assets so you got nothing to lose so why go bankrupt? You just got lost in a credit maze. If you were in Oz i would say don't do it and you will have to surrender your passport for 5 years. You don't need to ,its voluntary just tell the collectors to nick off after all they are just working on commission. but do try your best to do the right thing and pay your debts off eventually.

Of course the U.K may be different..

In the US you can't just tell them to get lost. They will sue you in court, they will get judgments against your paycheck and you will be forced to pay. If you have a loan on your home, and are behind, the bank will take it. If you have a loan on your car, and are behind, the bank will take it. Bankruptcy is the way to stop this. Hurts you for 7 years or so in the credit department, but then you are ok.

[roygsd]

Right guys, could do with some advise.

Its taken some guts for me to write this but here goes.

Im involved in an I.V.A.

Its a form of bankruptsy, but not as serious.

Over the years when I was a youngen, I hammered the credit cards, loans, overdrafts etc, and went into an I.V.A

I pay a certain amount each month, and after 5 years, the debt is written off.

During the last couple of months or so, my hours have been dramaticly reduced, and I have missed 2 payments on my I.V.A.

I have missed 3 all together, which meens the I.V.A fails.

What happens now is, the crediters will know about my I.V.A failing and I will start to recieve letters, phone calls demanding there money etc.

I have spoken to citizens advise which advised me to declare myself bankrupt.

I have know assets, car, house etc and this seems the best option for me.

But what would happen to my wife, would she be sent back, I realy dont know what would happen.

Now I have succesfully past an interview, and start my new job on monday, so I am not claiming public funds.

With this new job, we have around £150 to live on each week after paying everything out.

I have put down on the income/expenditure form that after paying everything out, I have around £30 each week to live on.

This would see me as having to go bankrupt, obviously I have fiddled the income/expenditure a little buy around £120 a week, Putting down double rent, food, etc etc.

This is the best option for me, but I am just worried what would happen to the wife.

When it comes to applying for ILR or FLR I can more than prove that we have sufficient funds, also my wife is currently unemployed at the moment.

Hope you can help.

Many thanks

Scotty........

Hi Scotty,

I suspect It really depends on what you have told the Embassy when you applied for the visa, i understand your concern but dont get too stressed out just yet.

Firstly, dont confuse your wifes entitlements with your own. Your personal entitlement to benefits are not extinguished.

Should you need to claim Jobseekers Allowance/Income support/ housing benefit then you should put in writing ( on their form!!!) that your life is not entitled to benefit and you do not wish to include her in your claim.

What you willl find is that they will tell you that you must complete all the sections refering to your wife ( presumably they are afraid your wife will be working on the side so that why the rules are written this way?) and they will totally ignore the fact that you have requested them not to include your wife in your claim and award you the payment for a couple.

I helped someone in a similar situation as yours and when I explained the situation to the Works and penions people they said that irrespective of your wifes non entitlement under the visa regs there departments regulations required them to award the couple payment.

Having made it quite clear to the authorities you did not wish to include your wife in YOUR claim(s) and they have made it quite clear to you that if you do not provide your wifes details in your claim you obviously have no alternative but to provide her details and cannot be held responsible for THEIR decision to ignore your request not to include her in your claim.

Like any form you have ever completed, the information you and your wife provided in order to obtain her settlement visa were based on your circumstances at that moment in time (I HOPE !) and no one can reasonably expect you to be able to guarantee that your circumstances will not change, people get sick, loose ther jobs, their homes and other disasters can and do hit everyone at some time in our lives and it would be unreasonabe for any authority not to make allowances for such situations.

Dont forget, guidelines are just that, they are not set in stone and every case must be treated on its own particular merits, blanket decision making leads to costly appeals which they cannot reasonably expect to win.

If you are entitled to a benefit why the hel_l should you not collect it? You, not your wife is making the claim(s), your wife is not entitled to benefits but you certainly are!

In the case I helped out, the man gained employment six months before the wifes 2 yr visa needed to be upgraded to LTR and he came off benefits and he explained how his legal entilement to benefit required him to provide the relevant department with his wifes details or they would refuse to accept his claim. His wifes passport was returned with the LTR attaced about 6 to 8 weeks later without query.

It is hardly your fault if the government does not ensure that its departments administration proceedures are not at variance with another government department.

Life in the uk is tough for all new thai wives no point suffering further financial hardship than is absolutley necessary.

Do make your own enquiries, and forget the bankrupcy, for some it is the best move they ever made, I understand 12 months is the normal period these days an dthen you get the chance to start again, albeit on higher rates of credit charges than ususal.

Keep your chin up and please do let me know how things work out for you on the enployment benefit /housing benefit front

Roy GSd

[think_too_mut]

Would not declaring bancrupcy put you on no-fly list for all airlines?

[the scouser]

Thread tidied up.

Please can we stop being judgmental.

Scouse.

[EmptyMind]

Thread tidied up.

Please can we stop being judgmental.

Scouse.

Being short of money of making mistakes is nothing to be ashamed of, I'm sure if you post some direct questions scotty123456789 if your still reading the post then some of us will help you with advice instead of flaming you.

[Gumballl]

In the US you can't just tell them to get lost. They will sue you in court, they will get judgments against your paycheck and you will be forced to pay. If you have a loan on your home, and are behind, the bank will take it. If you have a loan on your car, and are behind, the bank will take it. Bankruptcy is the way to stop this. Hurts you for 7 years or so in the credit department, but then you are ok.

Are you sure that this is applicable if one defaults on a Credit Card? I thought the banks would be out in the cold. Sure they can add a blemish or two to one's credit report, but that is about it. After all, the CC debt is not backed by any collateral; merely one's signature. On a house mortgage or car loan, then the banks do have something to go after and possible repossess.

If one falls behind on a CC debt, the best thing to do is keep making payments for whatever amount one can afford (even if it is merely $1 US).

[scotty123456789]

All sorted guys.

Put it this way, me and the mrs are off to Thailand in september

Scotty

[macduff]

I would like to know if you can claim benefits for your thai wife if she has no recourse to public funds

[Carib]

All sorted guys.

Put it this way, me and the mrs are off to Thailand in september

Scotty

Are you sure going to Thailand solves your problems? If you are doing a runner , one day it will catch up with you.. Good luck.

[scotty123456789]

No not doing a runner, just a months holiday, to see the in laws.

All sorted regarding the post, I pay a certain amount each month.

Everyones a winner

[scotty123456789]

I would like to know if you can claim benefits for your thai wife if she has no recourse to public funds

Yes you can, working tax credit.

I believe only if your income is below 15k per year, but maybe wrong.

Im expecting a nice check shortly

Scotty

[macduff]

Thanks scotty i'll start making enquiries