Early discharge but.......

wildthing46

The day the order in the courts for the trustee to sell the house came through, the early discharge was put through too!:j

But......in May I refused to sign the Building society's letter as it contained a clause that was accepting responsibility for arrears and shortfall on sale of house. I was advised on here and by CAB and Debt Divas not to sign as anything signed after the date of BR makes you liable like a deed of acknowledgement and they can chase for 6 yrs and it would then not go into my bankruptcy. So I drafted a letter and there is a copy earlier on in this thread and signed it telling them to repossess and sent it recorded delivery.

Now the trustee wants the keys off the building society to sell and they have decided to take me and ex to court for repossession on 2nd nov, even though the trustee had an order to sell since 15th sep. They are not releasing the keys to the trustee because I have not signed the letter with the acceptance of arrears and shortfall in it. I told the trustee about the letter and the clause in the summer and have now sent a copy of the letter I sent telling them to repossess in May and he tried to tell me I would have to sign the letter off the building society or I was not co-operating.......so I dug my heels in and said no and told him that I had done my duty by sending a signed letter of my own stating they could re-possess and that it would have to go to court if he thought I was not co-operating as I have done all along! I sought advice as he asked me to and wrote the letter this site suggested and asked the CAB and debt divas to confirm I was doing the right thing and they still stand by what I have done.

I will not be bullied!!!:mad:

link from old thread http://forums.moneysavingexpert.com/showthread.html?t=1544697&page=2

blind-as-a-bat_2

is the trustee the OR or a private IP?

If it is a private IP, ignore them, and lodge a formal complaint regarding their conduct, detals are on the IS website how to do so.

It is NOT your problem anymore, and they are trying to make their life easy by getting you to sign an order of liabilaty, but you already guessed that i think.

Dont let it worry you, i doubt any court in the land will agree with the IP you have not co-operated;)

peachyprice

Is there even any equity in the house now? If not I cannot understand why an IP would have any interest in selling it.

wildthing46

the trustee was appointed by the OR, he is a private insolvency pract appointed by them, and he seemed to think there was 30k equity in the house, I don't agree. think he'll be lucky to get 5-10k, or more likely a loss, but they're the experts. I sent him a copy of my vol. repossession letter I sent in May and the recorded delivery confirmation from royal mail and I haven't heard anything since.....I think he realises now that I have complied and took advice from the CAB and if he tries to say I haven't then he'll have a job proving it! I personally think he took on something that isn't going to flourish into what he wanted to gain out of it, I have been told their costs are extortionate, well he's the expert!

so glad I sent it recorded delivery and also recorded delivery to satan the ex. cos I got double proof there.

So if he does come back again can I ignore him cos he is private IP?

wildthing46

and thank god for this site :beer::j:j:beer: