Newbie needs help

MercMan

I've been served a BR petition on behalf of HSBC by Vertex Data Services. However there is a Tomlin Order in place since March last year which gives my ex-partner control over the sale of our house (the Tomlin contains an Order of Sale). She placed it on the market in April last year. The Tomlin Order also restricts my share of the property to £27K. I have already had £15K (£11.5K after my Solicitor took his fees) which is now spent. So on the sale of the property I will get £12K.

It also gives us the right to both remain in the property until it is sold.

She also holds the majority share in the property which is stated in the Deeds (55/45).

How does BR affect uncleared CCJs?

I have a 4 year old Mondeo which I really do want to keep hold of. My manager has said that he will write a letter which says that without it I would be unable to do my job as my employment contract says I may be required to work in our other depots which are located in different counties. Is this enough for it to be exempted?

We also own a PC (worth about £400) which we both use. Will we be able to kep it? I own the 3-piece suite, TV / video / DVD and my bed. She owns the rest of the furniture. However we do not have the receipts as they were purchased in 1999 / 2000. The kitchen has built in white goods.

HSBC claim I owe them an amount which is made up of an overdraft (£1400) and bank charges. I am claiming the charges back. However despite telling Vertex this they have decided to proceed in the BR action.

I really do not know what to do. Help!

maxmycardagain

it will cost them £1200 to make you BR

its a threat

your £12K equity (upon sale) is theoretical in this day and age, prices are falling

A Tomlin order is a court order in the English civil justice system under which a court action is stayed, on terms which have been agreed in advance between the parties and which are included in a schedule to the order. As such, it is a form of consent order. The order permits either party to apply to court to enforce the terms of the order, avoiding the need to start fresh proceedings. The terms of the schedule do not form part of the court order, so may remain confidential, and can include matters outside the jurisdiction of the court or the scope of the case in hand.
The order is named after the High Court judge Mr Justice Tomlin (as he then was), from his ruling in Dashwood v Dashwood ([1927] WN 276, 64 LJNC 431, 71 Sol Jo 911) delivered on 1 November 1927, that such an order kept the proceedings alive only to the extent necessary to enable a party to enforce the terms of the settlement. In that case, Tomlin J held that a provision in the order which required one party to refrain from running a business in competition with the other party could not be enforced unless and until the court made an order for specific performance or for an injunction. Thus, any provisions in a Tomlin order which require action by the court, such as releasing funds held in court, or an order for costs, must be included in the body of the order, not the schedule. Until a second order has been sought, it is not possible to apply to commit the party in breach for contempt of court.
The following day, Tomlin J issued Practice Note [1927] WN 290, which set out a preferred form for such orders. A similar form of order appeared in the Rules of the Supreme Court and appears in the Civil Procedure Rules today. The form of the schedule is settled between the parties.

tigerfeet2006

MercMan wrote: »

I've been served a BR petition on behalf of HSBC by Vertex Data Services.Are you sure that this is a real court document and not a threat, which quite a few firms use? Please ring National Debtline and talk through the situation with them and they will be able to confirm. You will need to do this even if it is real as you need to take professional advice on BR. Please be patient as they are very busy at the moment, surprise,surprise!! Some posters have reported sitng for half an hour with their finger on redial before getting through. However there is a Tomlin Order in place since March last year which gives my ex-partner control over the sale of our house (the Tomlin contains an Order of Sale). She placed it on the market in April last year. The Tomlin Order also restricts my share of the property to £27K. I have already had £15K (£11.5K after my Solicitor took his fees) which is now spent. So on the sale of the property I will get £12K. If they are making you BR then this £12k will go to the OR who will distribute it evenly to all your creditors

It also gives us the right to both remain in the property until it is sold. Fine.Do you have anywhere to go when it is sold?

She also holds the majority share in the property which is stated in the Deeds (55/45). Fine

How does BR affect uncleared CCJs? The BR will include all debts except a few like student loans. So your CCJ's will be included. If you have a lot of debt and this is a real pettion, they will probably have done you a favour.

I have a 4 year old Mondeo which I really do want to keep hold of. My manager has said that he will write a letter which says that without it I would be unable to do my job as my employment contract says I may be required to work in our other depots which are located in different counties. Is this enough for it to be exempted? How much is it worth? If it under £2k and is essential for your work then it is usually safe. If it is more the OR may sell it and give you some towards another vehicle.

We also own a PC (worth about £400) which we both use. Will we be able to kep it? I own the 3-piece suite, TV / video / DVD and my bed. She owns the rest of the furniture. However we do not have the receipts as they were purchased in 1999 / 2000. The kitchen has built in white goods. The OR is not interested in normal household goods. Nothing you have listed will need to be put on the forms. Only things over £1k generally need to be listed.

HSBC claim I owe them an amount which is made up of an overdraft (£1400) and bank charges. I am claiming the charges back. However despite telling Vertex this they have decided to proceed in the BR action.If they do make you BR you will not be able to claim these as they will belong to the OR.

I really do not know what to do. Help!

Hope some of that helps. Read as much as you can on here, starting with the Bankruptcy Help sticky. Keep asking questions and get professional advice.

Oh! and welcome to the board.

So_Sad_Angel

Hi MercMan & welcome.

Do you have other debt? ...if this is manageable then can you make an arrangement with HSBC to repay rather than BR.

Maybe that they are calling your bluff as rarely do we see creditors petitioning for a debtor BR esp for a such a small amount as it costs them to do so.

Speak to the debt charities first .

Angexx

Ps...BR won`t effect your personal belongings unless you have a Picasso/Monet hanging in the hall !

MercMan

Thanks for the welcome and replies. Yes I do have other debts (unsecured loans) totalling over £30K with one (so far) CCJ (on behalf of a CC company) which is still live. When the property is sold I have nowhere to go and being 56 years old and with a bad credit history now I doubt I'll get a mortgage, so renting is the only option.

I've checked on Auto Trader and my car is worth anything between £2500 to £3500 judging by the traders adverts. Does the OR use the trade price ( I work in the motor trade so this will be a lot lower than the 'punter' price) or the forecourt price. If it goes to auction it will be a lot lower anyway.

The petition was issued in the Poole County Court and handed to me by a Court Officer on Christmas Eve (nice timing). The hearing date is 9 Feb.

Glad to hear that the household items are safe. No I don't own anything over £1K (except the car)

tigerfeet2006

The OR uses P-p-p-p guide argh!! brain freeze aaargh!! Car guide starts with P. Can some one help me here? Not Glasses. And yes they will auction it.

Sorry kids been up all night and I need sleep.

Have you managed to get a deposit together for a rental property. If not stop paying all debts and put the money to one side for it.

Edited to say PARKERS!!!!!!

MercMan

Oh dear Parkers. Not recognised by the trade (we use Glass's Guide or the Black Book) which gives more realistic prices. Auction prices are always lower especially in today's climate. My mate (Merc mechanic so knows aht he's looking at) picked up a 2006 Merc C class for £3K! So what my Mondy will go for is going to be a lot less!!

peachyprice

They use the 'poor condition' price, if that helps.
I kepy my car worth £2750, so they don't stick rigidly to the £2k value.