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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to presume she can pay back the money owed rather than go bankrupt?

192 replies

JemimaPyjamas · 26/11/2018 13:17

Semi posting for traffic, semi asking a genuine AIBU!

A friend I have known for ages, but have only started to see almost daily as she used to live on the other side of the country, is in a self inflicted financial mess.

Despite having an excellent career, she has taken out loans, bought from catalogues, bought new expensive items on HP, not paid utility bills etc etc and now is almost £20,000 in the red.

She has been asking me to help her get out of the mess she is now in (she confided this has happened, to varying degree's, most of her adult life.) So, we worked out her money together and she has just over £420 'spending' after covering her rent, bills, food etc. She now thinks this is 'only just enough' for things like nights out and trips to the hairdressers and isn't really much at all.

I said to her that I think this should go towards the money she owes, and then she said she is 'better off just going bankrupt as it'll take forever to pay off' and it'll mean she can start with a clean slate.

I have told her this is wrong, and I am also not entirely sure she could even do this by choice considering the options she has? (She also works part time, so could earn another £300ish after tax by working 5 days a week as opposed to 3.)

AIBU to presume that she would have to both work full time and pay back what she owes, and they would go through all her spending with a fine tooth comb?

I have been trying to look at answers to these specific questions but everything is a bit more general, or working on the basis that the person in the red has far less spare cash a month.

Thanks in advance!

OP posts:
beeefcake · 26/11/2018 13:57

Just let her get on with it and go bankrupt and she can learn the consequences for herself. I don't even think she will be allowed to declare herself bankrupt to be honest.

MSE is really the best place for her to get advice.

ContessaHallelujahSparklehorse · 26/11/2018 13:58

Do you mean a GP as in grandparent or as in general practitioner, OP? Sorry, am confused!

NotDavidTennant · 26/11/2018 13:59

In your shoes I would advise her to get in touch with one of the debt charities but then leave her to it. You're not in a position to help her when she is in so much denial.

JemimaPyjamas · 26/11/2018 13:59

Contessa General Practitioner! Sorry, should have been more clear.

OP posts:
VanGoghsDog · 26/11/2018 14:01

I need to ask more questions really instead of just taking whatever someone tells me as fact!

Or just step away and leave her to it? I'd be very upset to have a GP with such poor judgement.

Someone up thread said no-one will stop her going bankrupt - well, they will, to be bankrupt you actually have to BE bankrupt. It's not a lifestyle choice. That means you have less coming in than going out, and she is not in that situation. She pulls together a financial statement of affairs, the official receiver reviews it, doubt they will accept it but even if they did all creditors have to agree and they won't, they'll say 'nah, we'll just share the £420 between us each month til the debt is paid, thanks awfully'. Especially as she is a GP, they will assume she has good earning power and might get increases or work more hours in future.

I'd just wish her luck and walk away personally.

Immigrantsong · 26/11/2018 14:02

I think you need to back off and let her deal with it. Someone with her education should be more than able to take action if they want to. Not your monkeys not your circus.

JemimaPyjamas · 26/11/2018 14:03

Basically, she has been running up, and then running from, debts for years (at least 8, I'd say.) Now she is ignoring calls and texts from people chasing up their money, and obviously doesn't want any caps on her spending to interfere with her grooming and social life. She also appears to have a childish view on Bankruptcy, although maybe she thinks it won't be much difference as her credit rating is atrocious anyway.

Personally I think she needs to get realistic and pay things back, and I hope this is what will happen as the majority of the debts are non essential and the essential ones, such as utility bills of over £6000, should have been budgeted for.

I did say as much and she's 'gone to get some space', which I'd say was more of a flounce out the door

OP posts:
dontalltalkatonce · 26/11/2018 14:03

She needs professional advice. No one can force her to work FT, though.

JemimaPyjamas · 26/11/2018 14:08

dontalltalkatonce when you put it like that, its obvious. No of course they cannot force her. Would they ask why she is part time when she could be full, or not though?

OP posts:
MrsSquiggler · 26/11/2018 14:08

The cut off for a Debt Relief Order is £20,000 so I would recommend she gets debt advice (from Stepchange, CAP or CAB) asap before she goes over that.

I'm not saying she would necessarily be eligible for one - but the £20k threshold thing might persuade her to actually get some debt advice.

Immigrantsong · 26/11/2018 14:09

So you meddled and now she backed off. Listen to what she is trying to say to you with her actions and mind your own business. You want to help, but you are judgemental rightly or wrongly and she clearly wants none of this. So back off and let her deal with this herself as she should anyways.

Dragongirl10 · 26/11/2018 14:09

God she sounds like a very spoilt brat......

JemimaPyjamas · 26/11/2018 14:10

She told me that she can't get a DRO as her car is worth too much but it would cost her too much to swap it for something smaller and cheaper, is this true?

OP posts:
JemimaPyjamas · 26/11/2018 14:11

immigrantsong she asked for me to go through it with her, I didn't 'meddle'

OP posts:
Immigrantsong · 26/11/2018 14:13

OP you said 'she's gone to get some space' so this shows you that your friend must have found what you said too much. Plus the question you asked above about the car is pure meddling. Mind your own business and let her deal with it herself.

MrsSquiggler · 26/11/2018 14:13

If you own a vehicle worth more than £1,000 you aren't eligible for a DRO. Not sure what she means about it costing too much to swap it for a cheaper vehicle. Does she own it outright or on finance?

Either way - she needs proper debt advice :)

JemimaPyjamas · 26/11/2018 14:14

MrsSquiggler She said finance

OP posts:
M3lon · 26/11/2018 14:15

crikey.

The getting struck off for going bankrupt thing seems important here...

MayFayner · 26/11/2018 14:15

You sound like a lovely friend, but unfortunately we can rarely solve anyone else’s problems for them.

It seems as though you’ve already put more effort into fixing this situation than your friend has, and really she needs to do this herself.

I would take a step back- be very supportive in terms of listening and being there- but don’t try to solve this.

JemimaPyjamas · 26/11/2018 14:15

M3lon I'm a bit shocked at that one too!

OP posts:
ContessaHallelujahSparklehorse · 26/11/2018 14:16

Thanks op. Clearly she didn't like what she was hearing when she asked you for your opinion and flounced off!

BigChocFrenzy · 26/11/2018 14:18

No, it's not meddling
but your friend - who asked for your help - is totally unwilling to listen to facts

She seems to expect you to find some magic solution
that would enable her to continue her profligate lifestyle and write off all her debts.

She's totally irresponsible and behaving like a child

JemimaPyjamas · 26/11/2018 14:18

MayFayner thank you. x

I have gone through things as she asked me to, but I agree I can't fix things for her. I am starting to get the impression she isn't seriously trying to fix things herself either as every suggestion seems to be greeted by a dead end. I have said that I cannot do it for her and she needs to properly look at her options but I am not sure if it has sunk in

OP posts:
Bluesmartiesarebest · 26/11/2018 14:19

That extra £420 per month that she has means that she could pay everything back in under 4 years. Her debts will go up even more if court action is taken against her. She won’t have a choice of any car if bailiffs take hers away!

SaucyJack · 26/11/2018 14:20

Just leave her to it.

She isn’t mentally vulnerable or unable to earn enough to pay back her debts.

She needs to grow up- but that’s not your problem.