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Re possessed home & bankruptcy help needed please!
DD1966
Posts: 144 Forumite
Hi,
this is a little complicated, so please bear with me!
In October 2006 my OH and myself declared ourselves bankrupt, we listed in our petition the mortgage arrears and the arrears on the secured loan and any possible shortfall along with all other debt.
Our home was re possessed in January 2007, all was fine or so we thought! now over 2 years on and after moving twice, we have out of the blue been sent once a month letters from the secured loan company! not demanding money but stating an outstanding balance on the secured loan account. After the 1st letter, I rang them and argued for like 10 mintutes with them, telling them that the arrears and possible shortfall were listed on our bankruptcy, they said that we still owed the money, after going backwards and forwards they eventually apologised and said that indeed the account was closed. we thought that was the end of it! not so, we had another letter today and after feeling very uptight and annoyed i called them and was told that untill the account is settled, despite the house being sold after it was repossessed, then the letters will have to continue! i'm at my witts end with them, they won't listen to me and told me to speak to their solicitors to sort it out! why should i have to do that, the house does not belong to us any more and neither does the debt as it was listed in the bankruptcy, or at least i hope that is the case. my question is, do we owe any money to the secured loan company or not? they initially argued that because the house was repossessed after the bankruptcy then we were still liable for the debt!!
I'm so confused, upset and worried! don't know what to do!! Does anyone have any advice??
this is a little complicated, so please bear with me!
In October 2006 my OH and myself declared ourselves bankrupt, we listed in our petition the mortgage arrears and the arrears on the secured loan and any possible shortfall along with all other debt.
Our home was re possessed in January 2007, all was fine or so we thought! now over 2 years on and after moving twice, we have out of the blue been sent once a month letters from the secured loan company! not demanding money but stating an outstanding balance on the secured loan account. After the 1st letter, I rang them and argued for like 10 mintutes with them, telling them that the arrears and possible shortfall were listed on our bankruptcy, they said that we still owed the money, after going backwards and forwards they eventually apologised and said that indeed the account was closed. we thought that was the end of it! not so, we had another letter today and after feeling very uptight and annoyed i called them and was told that untill the account is settled, despite the house being sold after it was repossessed, then the letters will have to continue! i'm at my witts end with them, they won't listen to me and told me to speak to their solicitors to sort it out! why should i have to do that, the house does not belong to us any more and neither does the debt as it was listed in the bankruptcy, or at least i hope that is the case. my question is, do we owe any money to the secured loan company or not? they initially argued that because the house was repossessed after the bankruptcy then we were still liable for the debt!!
I'm so confused, upset and worried! don't know what to do!! Does anyone have any advice??
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Comments
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Hi there
Sorry to hear about your troubles just now....you must be really worried.
I can't offer any advice ...sorry, but hopefully somebody with better knowledge will come along soon and help.
Good Luck
Lola:hello: Never say Never :smileyhea0 -
Hi, Firstly did you and your partner do individual bankruptcies? Otherwise only the one actually named on the bankruptcy will be free from the debt, Assuming that you were both declared bankrupt, this loan company has no right to pursue you for the debt. I suggest you write a letter of complaint enclosing a copy of your bankruptcy orders and ending your letter by stating that if the harassment does not stop you will be complaining to the Office of Fair Trading and to the Financial Ombudsman. (you can find their details on their websites). Good Luck0
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Hi, Firstly did you and your partner do individual bankruptcies? Otherwise only the one actually named on the bankruptcy will be free from the debt, Assuming that you were both declared bankrupt, this loan company has no right to pursue you for the debt. I suggest you write a letter of complaint enclosing a copy of your bankruptcy orders and ending your letter by stating that if the harassment does not stop you will be complaining to the Office of Fair Trading and to the Financial Ombudsman. (you can find their details on their websites). Good Luck
Hi, yes we did separate petitions for bankruptcy! I've been in touch with RTLU who have aske us to send in all correspondence from the secured loan company with a covering letter, they will then hopefully sort it out!
Thanks for help and advice0 -
Well, had a letter from RTLU this morning saying that they had contacted the secured loan company telling them basically to leave us alone as the debt was listed in our bankruptcy petition.
RTLU are going to send them the relevant documents so they can close the file!
Result.....:beer:0 -
Have you checked your credit reference files to make sure everything is in order? It is very important to do so other debts in your bankruptcy don't creep back up.
:j :j
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Not yet, but it is something we will be sorting out very soon! I have heard of people who have had creditors chasing them for debt years after their bankruptcy!fiveyearplan wrote: »Have you checked your credit reference files to make sure everything is in order? It is very important to do so other debts in your bankruptcy don't creep back up.
One thing I will say though, is, credit file clean up seems very complicated, or is it just me, is it really simple to do?
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