PayPlan & Interesting discussion with Insolv Practitioner re; ben interest

Righty ho - most of you will be well bored with this now but I AM WORRIED TO DEATH about it so it may interest someone else...

Scenario - been living at current address 5 years, verbal agreement was that when I moved in we would be financially independant - living with on/off partner (currently off - :rolleyes: ) declared myself homeless 2 years ago but was on bottom of council list - coudn't afford either bond or rent - ex said I could continue to live here - own room, shared facilities.... Give her £400 a month 'digs' and buy my own grub, do my own washing etc... money is inclusive of all bills.....

The Problem - came up other day I could have a beneficial interest in property and OR could demand payment from me or her as I had been 'contributing significantly to the household'

Phoned the Insolvency Helpline - yes, you definately owe about £25k and we'll want it back as you helped with the finances of the house, couldn't give me a definitive amount but adamant that I did have an interest and the OR would tell me how much

Phoned debt management company (PayPlan) who assessed me then advised I discuss bankruptcy with a Insolvency Advisor (free initial consultation)

I explained I was deadly worried that I would end up getting in the poo because I had lived here as I had read about the beneficial interest clause and didn't want to drag my ex into it (and she'd knock me out if I did)

I briefly outlined my current situation and he took me through some questions, he did highlight that this was not definitive, the OR could make their own decisions but my answers to the following questions would give him a good idea if there could possibly be a claim... he said he couldn't guarantee they wouldn't but would give me an indication if they might....

Q1. Did you jointly purchase this property?
A No - was purchased with divorce settlement by OH, I moved in later

Q2. Did you contribute financially in the purchase of this property?
A No, I have never possessed the funds to contribute to anything (thought I was being witty - he wasn't very cheerful)

Q3. Is your name currently on or has ever been on (and subsequently removed)from the title deeds of this property, either in it's own right or jointly with another person?
A No

Q4. During the purchase process for this property did you provide funds for solicitors fee's, structural engineers survey's or land registry searches?
A No

Q5 Do you contribute towards any monthly mortgage payments?
A No, there is no mortgage - cash purchase

Q6 Has there been any renovation or structural work undertaken on the property that would enhance it's commercial resale value?
A Yes - an extension (£25,000), exterior building work - pointing and roof repairs, new boiler and bathroom

Q7 Did you contribute towards the cost of these improvements/repairs either financially or with 'services rendered' to reduce the overall costs of the building contract?
A No, all work undertaken by either contracted builder, contracted CORGI registered plumbers or British Gas - did not contribute financially or 'in leue'

Q8. Do you pay any money or provide any services to your landlord?
A Yes - £400 a month rent

Q9 Is this payment solely to pay the majority of the household expenditure?
A Ermmm, don't know, I give it to her and I then go and buy my food, diesel, fags, washing powder and all that stuff

Q10 Do you have an agreement, in writing or verbally, where you will pay contribution to the household specifically; i.e. you will pay the bills and she will pay the mortgage, you will go to work and pay the motgage and she will look after the children or any other formal or informal agreement to this effect where you will contribute specifically to the management or co-management of the property?
A Look mate THERE IS NO MORTGAGE and no, there is no contract, written or otherwise

Q11 Are you named on the household bills as being part or fully responsible for payment of these services?
A No, don't think so... (not sure on this one and couldn't find any bills to check)

Q12 Do you have seperate or a communual sleeping arrangements?
A We have separate rooms and we share the rest

Q13 Do you shop as a couple for weekly groceries?
A No, I buy my own and have my own little section of the cupboards and fridge

He then became really quite nice, which was surprising as he had been a bit stern during the questions - he said that based on the answers given he doubted that there would be a beneficial interest in the property as I had contributed the equivellent of rent, I had tried to secure alternative accommodation 2 years earlier but couldn't rent

He then asked if my 'ex' could afford the bills if I wasn't living there, I think she could, it would be tight for her but she could manage - he then said that technically the £400 I was paying was 'profit' as she did not depend on this to keep the household running (the opposit to the Insolvency Helpline bloke who said all payments were to keep the household running and she would have to find this money elsewhere, and she would struggle, hence the beneficial interest but he never asked any financial questions about her income, or if there was a mortgage or anything else in fact)

He then went on to ask about shared bank accounts or any time I had paid for services with a cheque, debit card or credit card specifically to do with the house - I never have - I pay her, she pay's all the bills and no shared accounts

He then broached the subject of 'living as a couple' (i.e. nookie) I informed him we have seperate rooms and communial areas and no, no nookie (well, not often - she has broke her back right enough)

Finally, he said that I was complicating things - if we had an agreement before I moved in that we would be financially independant and that my sole role (technically) was as a paying lodger then I should perhaps run with lodger who get's his leg over landlady now and again as there seems to be no connecting evidence of a relationship..

Like he said in parting - I didn't sneekly pass the house over to her 6 months ago - the house was bought and paid for before I ever moved in - all cheques and payments for improvements were in her name - I have never had any money of any substance in my account that has ever mysteriously dissapeared at the same time the house was purchased or the repairs done - financially I have been skint since leaving Uni in 2003 and can prove it and she has never bailed me out over debt or given me any money for me to buy things

He said I was worrying too much, he understood why as I had not spoken to anyone who could look at these matters with a financial eye, he said not to take it a gospel that an OR wouldn't see things differently but, in his experience, it would be really, really, really harsh to try the beneficial interest route......

We'll see...

Ohhh, and Ford Credit are happy for me to keep my car if OR say's ok..