Was bankrupt but kept house..remortgage advise pls

poorperson

Hi all. After rather a while I'm back. My son's wedding is getting closer and I appear to be doing all the hard work and childminding, not him; that's why I've been missing.

Anyway, I had been in touch with one of the slaves belonging to the OR and it has been said that it is unlikely that the OR would be happy to let us remortgage as it would decrease his share of the property. I could say something derogatory but I won't. Nothing was said however about applying for a further (small, 3 grand) advance to the mortgage company, which we have done. I would have thought it was the same thing but there you go! What do I know? Next target is April when under the new rules, the OR is supposed to contact us and tell us about his intentions regarding the property. I am obviously hoping he forgets (due to his increasing work load) and misses the deadline. I can then go back to him and request that he returns his interest in the property to us; I think I am right but I am sure that if I am not, one of you knowledgeable people will let me know.

My wife's bankruptcy has now fallen off her credit record after the six year rule but what rankles me more than anything is that at the moment, one cannot start with a clean sheet. You never know if the OR is going to pounce. Ex - convicts are treated better.

poorperson

Son's wedding is over and I didn't borrow any money off the building society. They wouldn't give is nowt because there was a charge on the house but we managed. I'll give it a short while longer and write to the OR to remind him that the new rules have kicked in and as we did not take any liberties, he should be handing his interest in our property back to us.

gettingitsorted

Thanx for keeping us updated

poorperson

If anyone is still around you may be interested to know that I have finished the Official Receiver off. As I had already mentioned I've read loads of stuff etc and had convinced myself that under the Enterprise Act the O/R could not now come back to us. I feel like an expert now and I will help anyone who needs it, even writing letters.

Anyway, to cut a long story short, I telephoned the Official Receiver (obviously I was only able to speak to one of his deputies) and I explained the position as I saw it and convinced that I was 100% right, I demanded that the Caution registered against our property at the Land Registry be removed. Of course it wasn't that easy. The file would have to be recalled from archives. That was a good sign as files are only (usually) sent to archives (once a civil servant, always....) when the case has been done and dusted. I had to wait for a couple of weeks but the OR's lacky informed me that the Caution had been removed, I did of course check for myself. That was a major step forward. I did expect however that she would have sent confirmation that the Bankruptcy was over and done with. She didn't so I wrote her a very nice email requesting details. My wife received a reply from the OR today and I quote "The Official Receiver has considered the present administration of your bankruptcy has been completed and has no further interest in the above bankruptcy estate". I do have to admit that we have been rather fortunate but we were due a stoke of good fortune. One thing left to do now is to try and get an illegal (there is no executed agreement in existence and Amex should not have gone to court) CCJ removed from my credit file and everything will be hunky dory. I do have debts that I'm paying off on cash that I took off credit cards to keep our business going (but failed) but obviously the main worry was the property. If anyone needs any assistance I will help as much as possible.

Ian