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Petition of bankruptcy against husband

8 replies

Warrior13 · 12/03/2024 22:42

I have a company trying to declare my husband bankrupt. They have not communicated with him since he made a bulk payment. He was owing £7k and made a payment of £4k. He advised that he is happy to set up a payment plan to catch up on the £3k but this was ignored. They rushed to get their asset back (van), and a recovery agent was instructed to communicate with him. The way the matter was communicated to him was that once they have the asset the matter is resolved. He did make it clear that he would like to keep the asset, and happy to catch up on overdue monies. This was all ignored. Now they have a petition of bankruptcy against him and we are now talking with a solicitor due to needing legal representation as he does not wish to be made bankrupt and there is a court date.

my concern is would we lose our house over £25k debt due to all the charges and fees the company have tallied up. We have 2 young kids (primary) and I work part time and I am a part time student. So my husband is the sole provider. Would a judge make us homeless? Any advice, insight or experience stories are welcome. I have no idea how the world of bankruptcies work and wanted advice from anyone who can point me in the right direction. Thank you

OP posts:
MrsMoastyToasty · 12/03/2024 23:00

Try Citizens Advice.

Squiggles23 · 12/03/2024 23:00

I’m afraid I don’t know but hopefully someone will come along soon with more experience.

So he owed £7k for the van - he’s paid off £4K and they’ve taken the van? It doesn’t seem right that they are still pursuing? Also how they’ve clocked up £25k in costs to chase a debt much smaller than that.

Is there no way you can repay? You possibly should have sold the van and repaid the debt that way. What’s your lawyer saying?

Badbadbunny · 12/03/2024 23:04

Was the £7k just arrears of repayments or the entire amount of the outstanding loan?

caringcarer · 12/03/2024 23:18

Sounds like £7k of debt on the van. Then the van repossessed. Can your DH still work with no van? It sounds a nightmare. If this company go to court to force your DH to pay or bankruptcy the judge might put him on a payment plan in first instance but if he misses a payment then default bankruptcy. Can you work more hours?

Warrior13 · 12/03/2024 23:27

MrsMoastyToasty · 12/03/2024 23:00

Try Citizens Advice.

I have thank you but because they were speaking to me I was just able to get general advice. My husband has also got advice to seek legal representation.

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Warrior13 · 12/03/2024 23:30

Squiggles23 · 12/03/2024 23:00

I’m afraid I don’t know but hopefully someone will come along soon with more experience.

So he owed £7k for the van - he’s paid off £4K and they’ve taken the van? It doesn’t seem right that they are still pursuing? Also how they’ve clocked up £25k in costs to chase a debt much smaller than that.

Is there no way you can repay? You possibly should have sold the van and repaid the debt that way. What’s your lawyer saying?

Thank you.

the 7k was in arrears due to missed payments. But the 25k don’t make sense but hopefully the solicitors will get clarification because their communication is not great.

he’s happy to set up a payment plan but 25k upfront is not money we have. The van was from the lease company so wasn’t his to sell.

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Warrior13 · 12/03/2024 23:31

Badbadbunny · 12/03/2024 23:04

Was the £7k just arrears of repayments or the entire amount of the outstanding loan?

The £7k was just arrears alone.

OP posts:
Warrior13 · 12/03/2024 23:35

caringcarer · 12/03/2024 23:18

Sounds like £7k of debt on the van. Then the van repossessed. Can your DH still work with no van? It sounds a nightmare. If this company go to court to force your DH to pay or bankruptcy the judge might put him on a payment plan in first instance but if he misses a payment then default bankruptcy. Can you work more hours?

Yes I can.

I thought so if they put him on a payment plan, he can not ever miss a payment. That’s when the bankruptcy will be enforced.

it’s so stressful especially with the unknown. I just will never know his a £3k can increase to 25k

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