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tigerfeet2006

SteveABC wrote: »

Hi

Hope you can help with a few questions I have.

Background first - walked away from mortgaged home 7 months ago and now in privately rented accommodation. Went BR March 2011 (due to be discharged March 2012). Mortgage on my previous property and secured loan all included in my bankruptcy debts (home is in substantial negative equity). I have now had letters from the mortgage lender's solicitor stating the lender is taking repossession of the house, which is what I expected to happen.

Questions:

(1) Do I legally have to attend court in person? I'm not contesting the repossession and all the secured debt is included in my bankruptcy. Will the case just be heard in my absence? No you don't have to go and yes it will be heard in your absence.

(2) The letter from the court giving me the date of the court hearing includes a "defence form" asking lots of questions about my income and expenditure. Again, do I have to fill this form in and return it to the court? No you don't.

(3) The letter from the court also mentions a court cost of £100. I am still within my bankruptcy and 100% of my disposable income is forming an IPA, so I cannot afford the £100. Do I have to pay this? No you don't, all costs will fall into your BR.

Many thanks.

Just send a letter to the court (recorded, so you know it arrived.) detailing the fact you are BR and your OR's details and the fact that you don't contest the reposession and are happy for it to go ahead. Include a copy of your Bankruptcy Order as well.

Best do this as some judges are really helpful and give you extra time to come to an arrangement if they don't here from you, which of course you don't want to do.

Just a little nit picky thing but until the mortgage and secured loans become unsecured ie: when the house is sold and they become unsecured then technicaly you still owe them and the mortgage/loan companies are entitled to chase you for the money, though obviously being BR you won't be paying and tey can chase as long as they like. They do not fall into your BR until they become unsecured, at that point you may find they try andcome after you for the money and you just send them a recorded letter with your BR details and BO and tell them all future contact needs to be through the OR.

SteveABC

Quote:
Originally Posted by SteveABC
Hi

Hope you can help with a few questions I have.

Background first - walked away from mortgaged home 7 months ago and now in privately rented accommodation. Went BR March 2011 (due to be discharged March 2012). Mortgage on my previous property and secured loan all included in my bankruptcy debts (home is in substantial negative equity). I have now had letters from the mortgage lender's solicitor stating the lender is taking repossession of the house, which is what I expected to happen.

Questions:

(1) Do I legally have to attend court in person? I'm not contesting the repossession and all the secured debt is included in my bankruptcy. Will the case just be heard in my absence? No you don't have to go and yes it will be heard in your absence.

(2) The letter from the court giving me the date of the court hearing includes a "defence form" asking lots of questions about my income and expenditure. Again, do I have to fill this form in and return it to the court? No you don't.

(3) The letter from the court also mentions a court cost of £100. I am still within my bankruptcy and 100% of my disposable income is forming an IPA, so I cannot afford the £100. Do I have to pay this? No you don't, all costs will fall into your BR.

Many thanks.

Just send a letter to the court (recorded, so you know it arrived.) detailing the fact you are BR and your OR's details and the fact that you don't contest the reposession and are happy for it to go ahead. Include a copy of your Bankruptcy Order as well.

Best do this as some judges are really helpful and give you extra time to come to an arrangement if they don't here from you, which of course you don't want to do.

Just a little nit picky thing but until the mortgage and secured loans become unsecured ie: when the house is sold and they become unsecured then technicaly you still owe them and the mortgage/loan companies are entitled to chase you for the money, though obviously being BR you won't be paying and tey can chase as long as they like. They do not fall into your BR until they become unsecured, at that point you may find they try andcome after you for the money and you just send them a recorded letter with your BR details and BO and tell them all future contact needs to be through the OR.

---

Thanks for that advice Tigerfeet. One question; if I write to the court as suggested stating my circumstances and that I don't contest the repossession, is that the same as signing a "deed of acknowledgement"? I know I musn't sign one of these as the shortfall would then not be included in the BR?

tigerfeet2006

No it Isn't an acknowledgement. You are just saying you are BR, here's the details and you don't object to the house being repo'd so please go ahead and do it.

pickles_the_dog

Hello, I've searched through the forum but couldn't quite find an answer to my question.
My wife and I have just received our AD although she has been asked to £350pm for an IPA. I haven't got an IPA as I haven't had any income for the last year.
If I was to get a job would that affect the amount she pays to her IPA and if so, seeing as she is already paying £350 wouldn't that mean anything I earn would be classified as surplus so I would effectively be working for nothing.

tigerfeet2006

If you start working you will obviously bringing in more income into the house. obviously your SoA will change as you will have more outgoings travel to work, possibly more towards clothes for work etc. Then anything you have left will go into the pot and pay towards household bills which will mean your DW contribution will fall and so she will have some extra money to pay towards the IPA.

pickles_the_dog

Thanks for the quick reply, not quite the answer I was hoping for but I had a feeling that might be the case.
As I'm discharged would I have to declare my wages if I don't make contributions to household bills or all my wages go on paying for a car that I'll need to buy to get to work?

System

oplus wrote: »

Even if it increases their exposure in an IVA? Pointless.. why do I feel a need to keep the account 'clean', no overdraft, hardly ever used one but with this in mind I might as well spend the overdraft money on paying the bills then?

What do they do If both husband and wife have credit cards with the same provider yet only one is going down the IVA route?

Hi oplus and thanks for your post,

It’s hard to answer you query without knowing the full details of your situation.

If you are subject to an IVA I would recommend that you seek advice from the Supervisor of the IVA in regards to this issue.

If the IVA is not yet in place you would need to discuss this with the Nominee who is preparing to put the IVA to creditors.

If you haven’t approached an IVA provider yet you might want to call our free Helpline on 0800 138 1111. We’re open Monday to Friday 8am - 8pm.

I hope this helps.

Kind regards,

Mat

gavlish

I want my old creditors to update my credit files now that I am discharged from bankruptsy. I have my certificate and would like to know where I can find addresses and or email addresses to send a copy of this to.

I need:halifax, lloyds tsb, GE capital, RBS, Natwest

Thanks
Gavin

philnicandamy

search here

http://www.ico.gov.uk/ESDWebPages/search.asp

debtinfo

pickles_the_dog wrote: »

Thanks for the quick reply, not quite the answer I was hoping for but I had a feeling that might be the case.
As I'm discharged would I have to declare my wages if I don't make contributions to household bills or all my wages go on paying for a car that I'll need to buy to get to work?

You do not need to declare your income as such, but if you dont want to the the trustee will simply presume you you contribute 50% in the absence of other information