Is this legal?

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Hi all, I chose bankruptcy as an option in 1995, and went through the process with the DTI etc. I was advised at the time that having made the decision I would be able to restart my life without fear of threatening letters etc. I declared all of my so called "assets" which included a single payment investment insurance which was given to me by a friend to assist in my retirement. I was told at the time that this would not be included and that the DTI had "no interest......and it was not an asset that could be touched". I completed the 2 year repayment plan that was assessed as being "right for me" and after the usual 6 years I was debt free. I have now reached the age of 60 when the investment insurance should have become available to me but I was advised by the insurance company that Trustee in Bankruptcy had shown an interest in the policy. I have since contacted the relevant person involved and have been informed that all or part of this investment can be used against the past debt. Having explained that my bankruptcy was dischrged in 2001 and that I have received no written information either at the time or since that this policy was still available to the creditors, I was told that "discharge" did not mean completion, and therefore this insurance would be looked at and any creditors that had posted an interest at the time would be contacted and monies used to repay them. There seems to be no recourse to anyone else and I am concerned that with bankruptcy levels rising again others could be affected many years after they declare themselves bankrupt. The only other information I received was that in 1995 a lot of new staff were appointed and training was not at its best and therefore I may not have received the correct information. I therefore ask is it fair, or right that such a situation can occur?

Comments

  • shameless-about-money
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    This is both normal and legal, I am sorry to say.

    The 'interest' on any investments/insurance/pensions can be lodged at the time of any bankruptcy, even with the new 2004 rules, to be realised at retirement age.

    If you haven't got it in writing that there was no interest at the discharge of your bankruptcy there is nothing you can do about it.

    For anyone going the bankruptcy route now it is wise to make sure that you do have, in writing, any details of monies from pensions/insurance plans so that this doesn't happen years down the line.
  • mindless01
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    Dear S-A-M. Myself & husband declared ourselfs B. in Dec,06 we both work in the public sector (Nurse & Firefighter), we are in the process of having our house repossed,do you have any knowledge on wether we can be re-housed by the local council?, we have 2 kids under 18,sorry but you seem to be quite knowlegable and Im so not!
  • Mike_St_Helens
    Mike_St_Helens Posts: 3,414 Forumite
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    mindless01 wrote: »
    Dear S-A-M. Myself & husband declared ourselfs B. in Dec,06 we both work in the public sector (Nurse & Firefighter), we are in the process of having our house repossed,do you have any knowledge on wether we can be re-housed by the local council?, we have 2 kids under 18,sorry but you seem to be quite knowlegable and Im so not!

    Mindless... Id guess if you post your own thread youd get loads more responses.Your circumstances are not as unique as you think.

    You all have just as much right.. if not more for hekp... Pop us a line seperate and im sure youll get bundles of replys with this...
  • wherediditallgo
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    This is both normal and legal, I am sorry to say.

    The 'interest' on any investments/insurance/pensions can be lodged at the time of any bankruptcy, even with the new 2004 rules, to be realised at retirement age.

    If you haven't got it in writing that there was no interest at the discharge of your bankruptcy there is nothing you can do about it.

    For anyone going the bankruptcy route now it is wise to make sure that you do have, in writing, any details of monies from pensions/insurance plans so that this doesn't happen years down the line.
    Thanks for pointing that out - the OR's going to go grey with all my questions. I'm an NHS worker, & there's no point in me paying into my pension for the next 20 odd years if someone can then swipe it from me. I'll definitely be asking about that when I go to court.
  • shameless-about-money
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    mindless01 wrote: »
    Dear S-A-M. Myself & husband declared ourselfs B. in Dec,06 we both work in the public sector (Nurse & Firefighter), we are in the process of having our house repossed,do you have any knowledge on wether we can be re-housed by the local council?, we have 2 kids under 18,sorry but you seem to be quite knowlegable and Im so not!


    I am sure that the Council are not allowed to refuse you accommodation, even without children.

    Should be no problem at all.
  • wherediditallgo
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    The council probably can't refuse to put them on the housing register, but without children they wouldn't have any sort of priority so could literally be waiting years. Even with children, they could still have a long wait unless the children have a special need of some kind as there'll be loads of other people also with children waiting for accommodation. As two working adults, they would steer them in the direction of private accommodation as they'd probably get housing a lot quicker & would be seen as more in a position to afford it than people living on benefits.

    Mindless, if you've already gone bankrupt, you'd probably have to declare it on the application form. I know my council do ask about it, so it may go against you & agencies dealing with private accommodation will check your credit rating. If you haven't gone bankrupt but intend to do so, I'd therefore hold off on doing that if you can until after you've got somewhere else to live so that it doesn't show up on your credit check beforehand & make things harder for you.

    What about job-connected accommodation? I know there is nursing accommodation in some areas, but I don't know if there are any family units - it's worth asking the NHS trust you work for or the nursing directorate. You could also have a look on the trust's website. I don't know anything about firefighters except that there's an absolutely gorgeous one at the fire station near where I work. :D

    You could also try housing associations. You may need a referral from the council to get temporary accommodation from them, but temporary can mean anything up to a few years, & being in temporary accommodation puts you in a better position for a permanent home when one comes up. Shelter's website has a lot of info about housing options. :)
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