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Topic starter
08/09/2011 12:26 am
hi all.
i,m looking for advice regarding my hubby's debt.
He was in business with a partner who got him into a lot of debt as hubbys name was on business.
We now have sheriff officers coming to our home looking for money for rates(council tax)? They tried to contact me looking for hubby and threatened me by saying they will go to all my neighbours. Oh and they got my phone number from my avon book that I stupidly left on my doorstep. Are they allowed to do this.??
Hubby now out of work and unemployed. Mortgage being part paid by me and all home bills being paid.
Hubby has his name on mortgage but now wants to apply for bankruptcy.
We have the forms to do it but worried it may get rejected. Do we have to go through a company to do this or do we just send the forms to AIB.?
I,m in a protected trust deed and have been for the last year and a half. We have no equity in house and hope when hubby declares himself bankrupt we still get to keep the house for now.
Hubby is activly looking for work but we also have to little kids and we dont have the childcare we had before.
Sorry for ranting on but didnt know where to turn to.
thanks..
08/09/2011 10:44 am
Hello materialgirl.
There needs to be a "route" to bankruptcy for your husband. If there's been legal action against him it should be fine for an application to be made directly to the AIB. They have a helpline number on their website if you want to check anything with them.
I guess that the Sheriff Officers have a responsibility to locate your husband. I'm afraid I don't know exactly what is and isn't allowable in terms of the tactics they use but I'm afraid it's unlikely that they're going to back away from their efforts to find him.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds 
08/09/2011 3:21 pm
There is no reason that your husband can't apply directly to the Accountant in Bankruptcy, but he would need an expired Charge for Payment to do so (which is served on someone after a legal action). if he doesn't have this then he would need to get a Certificate for Sequestration, which can usually be gotten via an Insolvency Practitioner or a CAB/Local authority Money Advice agency.
If no equity in the house then there should be no reason why the house would have to go (as long as the mortgage is being paid)
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Topic starter
08/09/2011 10:31 pm
thanks so much for replying.
Hubby has had a lot of letters phone calls and sheriff officers round knocking on our door so i,m guessing he has some sort of charge for payment.
I,ll be so releived after his bankruptcy has gone through then we can eventually start trying to rebuild our lives again.
how long does it take and do we need to provide all the credit and debt he has.?
thanks again.
09/09/2011 12:18 pm
Hello materialgirl.
You will be expected to provide details of creditors and so on. It's a good idea to start collecting together letters, statements and so on in one place to make this easier.
The process need not take long if you're in a position to immediately apply directly to the AIB. I think you need to look into the expired Charge for Payment scenario (mentioned by Kevin) to see if that's possible.
If it isn't you'll need the Certificate for Sequestration; an extra step that will add some time to the process depending upon how quickly you can meet with someone that can issue one to you.
Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds
