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Max Lowry
Max Lowry, Advocate
Category: UK Bankruptcy Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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I believe I, as a sole person, need to declare myself insolvent

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I believe I, as a sole person, need to declare myself insolvent or bankrupt as I have debts I cannot pay in the UK. I am now living in Australia. What steps do I need to take to do this? Thanks.
Hi, welcome to Just Answer. I will help you with your question. Are you planning to return to the UK? What is the level of debt please? How old are your debts? Do you know if any of your creditors have commenced any legal proceedings against you?
Also, how long have you been residing in Australia?
Customer: replied 4 years ago.

Hi Max,


 


I am returning to the UK for a holiday this christmas but will be coming back to Australia after that. I currently owe around 5000 sterling for credit card and overdraft charges. The debts are around 2 years old, I'm not sure if and legal procedings have been commenced. I have been residing in Australia since January 2010.


 


Thanks.

Great, thank you for the additional information. 
 
As you have been living outside of any EU country for less than 3 years you can file for bankruptcy in the UK, however, generally, where a person is unable to attend the High Court in London in person they will need a representative to do this for them.  However, as you are returning to the UK for a short period you can do this yourself and it will be cheaper.  You will still need to pay the Court fee of £700 – I’m afraid there’s no getting around this.
 
You can get the forms from this link, print them off, complete them and take 3 copies to the Court with the fee.
 
http://www.bis.gov.uk/insolvency/about-us/forms/england-and-wales
 
You need forms 6.27 and 6.28.  There are also guidance notes which will assist you with completing the forms.
 
I hope this helps and I wish you luck.  If I can assist further please do not hesitate to come back to me.  Kindly rate the service so I may be credited for my time in assisting you.
 
Kind regards
 
Max
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