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Charging order granted for debt included in BR
CeeBeeDeeBee
Posts: 276 Forumite
Hi
I went BR on the 9th March and have recieved a letter today saying a CO has been granted on 17th March because we didn't attend the hearing.
How do I get this removed/cancelled?
Thanks
I went BR on the 9th March and have recieved a letter today saying a CO has been granted on 17th March because we didn't attend the hearing.
How do I get this removed/cancelled?
Thanks
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Comments
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Are the court aware that you have been made BR? Did the OR know there was a court claim going through?Total 'Failed Business' Debt £29,043
Que sera, sera.
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Hi the OR was aware of the interim CO as I had listed it on the forms and explicitly told them about it.
He couldn't find any reference to it on the Land Registry even though I had given him the case reference number.0 -
Is the charging order relating to a loan taken out alongside your mortgage?Total 'Failed Business' Debt £29,043
Que sera, sera.
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The CO relates to a CCJ obtained by a supplier.0
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Then i would send a letter to the court with a copy of the bankruptcy order asking for it to be set asideHi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.0 -
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Are you able to do that as the OR seems to think its too late and I've just been on the phone to NDL and there like 'too late mate' which has really got me down for the first time in this whole thing.
The whole BR was supposed to top this from happening
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Its not to late, the bankruptcy does stop these things but if you havent told the judge then he will just go ahead and make it. When he realises that it shouldnt have been made then it should be set asideHi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.0 -
Thanks, I've just rang the Court and they have said the same thing - to write to the Court appealling the decision and hope that they cancel it.
Is there anything in particular I should put in the letter? If they don't cancel it it wipes out my BI in the home meaning nothing at all for all my other creditors (all £200K of them) and a £5K debt still hanging over us.0 -
It isn't too late, but it also it's a simple process to get it removed. I've been passed from court to OR, to court, to OR more times than I can count trying to get mine removed.
At the moment I've given up, it suits me for it to be there for the next 12 months, after that I will step up my game, but I do envisage a long slog.
Just persevere, and be confident in the knowledge that if they try to enforce it they can't.Accept your past without regret, handle your present with confidence and face your future without fear0
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