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when will they start knocking!!!!!!

mommypig
mommypig Posts: 23 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 6 June 2009 at 4:41PM in Bankruptcy & living with it
hi,posted here some time ago ,and need some advice ,long story short!!!!!
in august of last yr my family and i left the home we owned ,we packed up and left in the space of 12 hrs!! this followed months of harrasment from neighbours(from hell) aged about 20plus and after having our van petrol bombed,and the doors kicked at etc police involved throughout and despite us tellng them abot the treats we recieved about burning our cars and home they said they were all talk!! they were not!! the day after we left or windows were smashed and our home deficated!!! on the 19th sept we walked into halifax and gave keys back. at the time we were in a good iva and affording it etc,but we knew we would make a loss on the house but continued with the iva,however hubby made redundent and then the bank sold the house at a 50,000 loss!!!! iva failed in march ,but as yet we have heard nothing our debt is 100,000,due to interest and other debts .

what i am hoping is can someone tell me when i will start recievng letters and when to start br proceedings,ironically we have the money to pay as one of the above neighbours broke my nose and am using the compensation!!!! seems unfair!! the only letter i have recieved is from 3 mobilewith a debt of £80 via moorcroft debt from a mbile that i stopped paying because i cannot get a signal and therefor cannot use the phone!!

any help??????????

Comments

  • worried_jim
    worried_jim Posts: 11,631 Forumite
    10,000 Posts Combo Breaker
    My God ! What ever happens now can only be an improvement and I hope your new neighbours are human beings and not animals !
  • skylight
    skylight Posts: 10,716 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Home Insurance Hacker!
    Well firstly - flippin heck!!!
    Secondly - I am really pleased you got yourselves out of that; despite the additional pressure its bought.

    As the property has now been sold, you have a provable debt to include in your BR, so do it whenever you feel like. Your creditors do not have to be chasing you hard to go BR you just have to be insolvent.

    Your credit file is likely to already be shot to pieces with the repo and defaults etc, so a BR on it is not going to make a lot of difference. I can suggest is that the sooner you do the deed, the sooner it will be over and life back to some sort of normality. Also, your BR stays on file for 6 years, so if you do it now, it will drop off in 6 years from now. If you wait a year then its not going to drop off for 7 years from now and so on. Have a good think about a long-term plan and where you hope to be in 5-10 years then slot it in.
  • Dodger61
    Dodger61 Posts: 384 Forumite
    So sorry to hear your problems, it sounds to me you are better off anywhere than your previous address. If you are considering BR,the first thing you must do is get advice from any of the debt agencies. If you then decide thats the route you wish to take, my advice would be to go BR as quickly as you can. It takes away the prolonged worry and the demons that will appear as you build up to the court date. Dont worry about not hearing from the bank, you will soon, they are probably snowed under at the moment. If you are BR, once the house has been sold ( as it has ) the shortfall will go into your BR and you will not be liable. Until you are BR, you will be liable for the 50,000 shortfall. Include this on your BR forms. .....and get out of that area for the sake of your health, BR will bring you a fresh start, use this to your advantage. Good luck.
  • mommypig
    mommypig Posts: 23 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    thanks ,the only thing that i putting me off is that in my new tenency agreement that if i go bankrupt i could be asked to leave my 2 boys have been through so much ,new schools let alone the trauna of the fire ,the asault tec ,my thought was the more rent behind me the better it would look!! i work full time and thank god im in a job that is safe!!!

    oh and there is justice the man was found guilty and got wait for it!!!!!!!!!!!!!!!!
    20 hrs community service and 1 yrs probatian!!! apparently he had been a good boy before and not knocked anyones nose over to the othe side of their face!!! just the normal driving without licence ins .etc and drunk orders!! oh and he got anger managment councilling!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    If you are up to date on the tenancy then it is extremely rare for bankruptcy to cause a problem, even if bankruptcy is mentioned in the agreement.

    After all, any landlord is more concerned about getting the rent than anything else. A BR who no longer has any debts to pay is often a better bet on that score than most.

    If you are worried then check with landlords.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • skylight
    skylight Posts: 10,716 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Home Insurance Hacker!
    Oh, you have to laugh at British Justice - My OH won £100 in compensation because OH had to listen to the tirade of verbal abuse from a drunk abusive customer. The judge didn't take into account the fact the guy was swinging a baseball bat at OHs head at the time! Ah well.


    As to your tenancy agreement, your LL could ask you to leave at any time after the contract is up anyway, BR or not. How well do you get on with your LL? Is there a BR clause in the contract? You could talk to your LL about it, reassuring him that you are a good tenant, want to be a long-term one, going BR means no debts at all so in a very secure position as you work too so the rent is coverable. Plus remind him that in this climate a rental void whilst he finds someone else could be disasterous to him. Etc.

    You could always explain to the OR why you cannot risk being evicted and plead with them not to tell the LL - they are human and some do not tell LLs as its more work for them! But you won't know who you have until you have gone BR though.
  • Dodger61
    Dodger61 Posts: 384 Forumite
    Unlikely you will be asked to leave if you have kept up with rent, most Landlords just want to be paid. However the OR will notify your Landlord of your BR, so just in case have a plan B. Rent privately if you can, most private Landlords want references and a lot will not credit check you. That would be my prefered option......and get the hell out of that area.
  • I am going BR in August and phoned up my housing !!!. to let her know as i had seen the court inform the landlord, as my debts do not include any priority debts she said it was not of her concern, but thanked me for my honesty in letting her know before the courts did, as it was automatic they got informed.
    She also said as they got the rent anyway the fact i know had much more money assured her that position would continue.
    44lb off and 13 to go.:j
  • Hello Mommypig
    What a awful time you have had. I could not imagine what you have had to suffer.
    As others have said have you had advice on br, if you have had advice and br was best option for you, do it now.
    You have moved your family into a new home for a fresh start, you dont need the stress or fear of letters and callers to your home for debts.
    Please remember we are all here to help you, I wish you well.
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