Being chased after bankruptcy

daisymay66

2 questions here:
First, lender has already got a repossession order on my house. Date to get out has passed but they haven't enforced. They suggest I surrender it voluntarily. Any reason I shouldn't? The court order gave them the right to pursue me for the shortfall anyway. Not that they'll get it. I have no assets left, following bankruptcy.
Second, when I was made bankrupt (April 2008), Abbey were among my unsecured creditors. Bankruptcy ran its course and I was discharged after 12 months. Still have no assets - see above - and assumed unsecured creditors had gone away. Now I have letters from a company saying Abbey has assigned my debts to them and they will be chasing. Why would they do this and can I safely ignore?

Feelingfoolish_3

From reading other posts on here today it may seem that Abbey and/or a DCA its been passed to are trying it on. Tell them yr br number and give them the OR details if necessary. Oh and I would report them to OFT
btw which company has it been passed to?

daisymay66

Assigned to CapQuest. I'm inclined just to ignore. They can't have what I haven't got.

copier_guy

Do not give the house up voluntarily please.

There is a chance they will want you to sign a document on Vol repo which will make you liable for any shortfall in the house.

Let them give you a date they want you out by.

They are not being nice!!

daisymay66

But the court order gave them that right, at least, I understood it did. It actually says 'money claim adjourned generally'.

Feelingfoolish_3

Capquest are notorious and most definately should be reported, and there is nothing they can do.
If the lender has a possession order and Im presuming they issued you with a warrant of eviction then the bailiffs can turn up at any time. Are you still in the house?

daisymay66

Thank you - I've just been reading some of the post about Capquest!
Re. house: the court gave a date for me to be out, but I'm still here. As far as I know, no warrant has been sought or issued.

Feelingfoolish_3

Okay so presuming you got a possession order then your lender would have to apply for a warrant of eviction and if that hasnt happened yet then you are ok for now, however once a warrant has been issued you will have 28 days to evict and then a bailiff and a locksmith will turn up and you would only have a matter of an hour or so to get your belongings out.

Can you afford to keep the house and pay the mortgage and something towards the arrears? Or are you planning to leave anyway? Also what has the OR done about the house - did you buy back BI?

daisymay66

I think I have to leave. I have no money or other assets. My health stops me working and I have a small pension. The council says it will rehouse me - sometime! But nothing is improved by 'hanging on'. It's very painful to leave, but I think I need to get it over with. Bankruptcy + repossession has been going on for nearly 2 years and the fight's gone out of me.

Feelingfoolish_3

You need to get onto the council because if they turn up to evict you and you havent moved out your belongings then you will have little time to do so. Have you taken housing advice? Its worth speaking with Shelter or Community Legal Advice Housing team who can help you with the council, it would be better to be sorted for the fresh start you have been trying to achieve.
Be strong, you have obviously done so well so far x

daisymay66

Thank you for your kind words. Not sure it's true. My life is a real car wreck at the moment!