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early discharge

miaoww
miaoww Posts: 421 Forumite
Part of the Furniture 100 Posts Combo Breaker
in Bankruptcy & living with it
Just had a letter for early discharge! :j
Just a quick question we have been trying to reclaim bankcharges under financial hardship (bankrupsy) and have had to take things to the financial ombudman who required a letter for trustee saying that half of the pay out (if any should go to them) as was joint account have just recieved and sent this and been speaking to them for the last week or so - discharge dated 21st october - they didnt even mention this at all!? does this still apply - can i still claim under bankrupsy now been discharged (claims been ongoing since about this time last year)- does half still have to got them if ive been discharged a month ago?
Does the charge over the house still apply?- assume that will stay for 6 years?

Thanks to everyone for all the help and support
BR as of 14/1/2009
Discharged Oct 2009
BC 24
«1

Comments

  • yellowmonkey
    yellowmonkey Posts: 7,052 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Well done you :T:T:beer:
  • kanie1972
    kanie1972 Posts: 7 Forumite
    Part of the Furniture First Post Combo Breaker
    I am due to be discharged in the next week, i asked if i am still emtitled to my bank charges i was claiming that were put on hold in 2007 and i was told that i would not be entitled to any even though i will be discharged when the case is settled
  • tigerfeet2006
    tigerfeet2006 Posts: 14,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    That is perfectly correct Kanie as when you went BR your accounts became the OR's, so he is the one entitled to the money (or half if your OH didn't go BR.)

    Was the charge put on the house before or aftr your BR. Was the debt a joint one? Is it an interim or final charge?
    BSCno.87
    The only stupid question is an unasked one
    Loving life as a Kernow Hippy
  • nervousmother
    nervousmother Posts: 2,885 Forumite
    Part of the Furniture Combo Breaker
    congratulations on the discharge.
  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I would have thought if it was a joint account then the other account holder should receive ALL of the money back as he/she is still liable for the FULL debt.

    :j :j


  • dvs
    dvs Posts: 826 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    fiveyearplan wrote: »
    I would have thought if it was a joint account then the other account holder should receive ALL of the money back as he/she is still liable for the FULL debt.

    That's a good point.
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    Im afraid it does not work like this, assets are shared, liabilities are fully, jointly and severaly liable
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    It doesn't seem fair does it?

    :j :j


  • miaoww
    miaoww Posts: 421 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    The charge on the house was by the trustee during bankrupsy as its in negative equity due to a large secured loan dont know what type we never missed any payment on secured or mortage though
    BR as of 14/1/2009
    Discharged Oct 2009
    BC 24
  • tigerfeet2006
    tigerfeet2006 Posts: 14,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Right, have you been offered the BI in the house? Would you be able to afford it? £211 fees plus £1.

    The trustee has 3 years to dal with the house. If the house prices go up then the trustee can ask you to sell the property or buy the BI he has in it. If the house price doesn't go up and the trustee doesn't take up his option then the charge will come off the house.
    BSCno.87
    The only stupid question is an unasked one
    Loving life as a Kernow Hippy
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