The Bankruptcy Club & Supporters Club

sandralovescats

Rog2 I can't help you out with your queries but just wanted to share.

These people have a terrible sense of timing, that is for sure.

I hope all goes well for you.

hitch_2

Rog2

I had similar letter from Trustee, but info requested was much less than at OR meeting, simply an Income & Expenditure, I had saved the details from OR meeting so there was no problem.
I would suggest that you write to Trustee before 3 January and advise them that all the info they require has been submitted to the Official Receiver and ask them to contact them for it. At the same time write to OR asking for a copy of the form you completed "for your records", you are entitled to it, I asked and got a copy at the end of my interview.
Above all remember that you are bankrupt, you are one of tens of thousands, only 2 or 3 a year end up as perjury cases, and these tend to be large hidden asset cases. If you look at my other post you will see a link to a bankruptcy forum, post your concerns there, you will get good advice.

rog2

hitch wrote:

Rog2

I had similar letter from Trustee, but info requested was much less than at OR meeting, simply an Income & Expenditure, I had saved the details from OR meeting so there was no problem.
I would suggest that you write to Trustee before 3 January and advise them that all the info they require has been submitted to the Official Receiver and ask them to contact them for it. At the same time write to OR asking for a copy of the form you completed "for your records", you are entitled to it, I asked and got a copy at the end of my interview.

Thanks hitch - I will be writing to both OR and Trustee today as you suggest.

bizzylizzy

I would just like to wish all of you a very Happy Christmas!

This thread has really helped to guide me through a rough time - now we have almost come out the other side. BR is done and it seems that our dealings with OR may soon be over too. Looking forward to working out a proper liveable budget once Christmas is over - I might be able to buy some new clothes and get my hair cut!!
Thank you for all your help and encouragement, you are all great!

sandralovescats

rog2 wrote:

Season's Greetings to you as well.

I would not worry unduly about the long delay or the threats of further action by some of your creditors, uskoks. Firstly, no-one will be able to 'send the bailffs around' without having first obtained a CCJ (the ONLY exception being the Council for CT arrears). In order to get a CCJ, they would, first, need to issue you with a summons for a CC hearing. All you would need, then, to do would be to put your current circumstances, including your br hearing date, in your defence. It would be very unusual for a judge to issue a Judgement against you as this could be seen as offering preferential treatment to that creditor. Even if a CCJ were issued, you would STILL have 28 days from the date of issue, during which time you could make an offer of minimum payment or apply to have the judgement 'set aside'.
March is not that far away.

Rog2

After the CCJ is issued, the creditor must apply for a warrant to have a bailiff appointed, don't they? How long does this take?

This solicitor of mine has me worried!

rog2

sandralovescats wrote:

Rog2

After the CCJ is issued, the creditor must apply for a warrant to have a bailiff appointed, don't they? How long does this take?

This solicitor of mine has me worried!

Usually a CCJ must be 'satisfied' within 28 days, and if not, then the claimant may apply for the warrant. So a MINIMUM of 28 days.

tight_jock

:T :T Hi everyone.:santa2:

Just thought I would take a few minutes to wish you all a HUGE merry Christmas . I have taken comfort and had good advice from here and hope that my comments have been helpful.

This will be the first Christmas for years that all the presents food and drink we have in the house is paid for ( either by us or Mr Tesco ( !!! ) ). January will be free from worry about credit card bills and a new start for us .:j

And it`s another month closer to discharge

I will drink a toast to all of you tomorrow and wish those of you still to get your judgements all the best. :beer:

sandralovescats

rog2 wrote:

Usually a CCJ must be 'satisfied' within 28 days, and if not, then the claimant may apply for the warrant. So a MINIMUM of 28 days.

So then, within those 28 days, if my IP writes to the Court with the details of my impending IVA, it would stop the solicitor being able to get a warrant once the 28 days is up? Or alternatively, if it is arranged that I pay £xx per month, the solicitor would not be able to take further action?

I don't know how much longer this IVA affair is going to take. I was told initially that it would be sorted in two weeks. It has now been six and I don't appear to be any farther forward.

I am beginning to wish I had just gone bankrupt in the first place.

desmonds

Sandra,

Have you heard of an Interim Order? "An interim order is a court procedure that your IVA provider will put forth. The interim order:

- prevents the creditor from trying or making the consumer bankrupt;

- prevents landlords from any right of forfeiture by peaceable re-entry;

- stops any court action or enforcement action against the consumer by the creditors without the courts permission.

The interim order only lasts for 14 days but it may be extended to allow for the creditors meeting to take place and the nominee to report back to the court"

Guide to Bankruptcy
URN05-1515

http://www.insolvency.gov.uk/guidanceleaflets/guidetobankruptcy/guidetobankruptcy.htm

scroll down to section 13c Individual Voluntary Arrangements

quote"Then you may apply to the court for an “interim order”. This prevents your creditors from presenting, or proceeding with, a bankruptcy petition against you while the interim order is in force. It also prevents them from taking other action against you during the same period without the permission of the court. You do not have to apply for an interim order to put a proposal for a voluntary arrangement to your creditors. "

That will stop the bas£$%d!!!

desmonds

rog2

sandralovescats wrote:

I don't know how much longer this IVA affair is going to take. I was told initially that it would be sorted in two weeks. It has now been six and I don't appear to be any farther forward.

I am beginning to wish I had just gone bankrupt in the first place.

Sandra - Firstly, good advice from Desmonds, above.
Surely, you have good defence anyway - in that this person did not do what he had originally promised. When you receive the 'summons' you should contest the debt totally.
In the meantime, inform your IP again, and check to see exactly what action he is taking.