Charging order granted for debt included in BR

CeeBeeDeeBee

Ok this is what I have put in my letter;

"I am writing to ask that the Court set aside this Charging Order on the basis that I was made Bankrupt at XXXX County Court on Xth March 2009 and this case should have been dismissed.

I have enclosed a copy of my Bankruptcy Order for your ease of reference. My Bankruptcy number is XXX of 2010 in XXXXX County Court. The Official Receiver dealing with my Bankruptcy is XXXXX.

I have spoken to Mr. XXXXX this morning and he confirmed to me that there was no entry on the Land Registry regarding the Interim Charging Order and therefore he could not advise you that I had been made Bankrupt before the hearing.

I was told that, once Bankrupt, the Official Receiver would deal with this issue and that is the reason I did not attend the hearing. At the time of Bankruptcy there was another Interim Charging Order in place (one who had registered their interest with the Land Registry) and this case was dismissed because of the Bankruptcy Order (XXXXXX in XXXXXXX County Court).

I have huge unsecured debts from the collapse of my business which are in the region of £200K and not setting aside this Charging Order will unduly prejudice my other creditors and give this creditor an unfair advantage over them. It will effectively take all of my beneficial interest in my property meaning there will be nothing at all left for other creditors.

This has severely upset my wife and myself at what is already a very difficult time and I look forward to your reply."


Does that sound OK? Is there anything else I should include?

debtinfo

Sounds very good to me to the point and based on lawful points, ie predjudicing other creditors, iw ould swop the word huge for large though

CeeBeeDeeBee

Thanks debtinfo will do. I'm feeling a bit more positive now as this really knocked me for six when I opened it - the first time in the whole process that I've really got low.