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Creditor placed charging order before BR demanding payment.

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  • skintandfat
    skintandfat Posts: 187 Forumite
    I went br in Scotland last year
    I had a car finance company try to take me to court for money, I decided to go BR
    When I went BR I asked the accountant in bankruptcy (Scotland's insolvency service) about the creditor getting a charging order- his reply "They won't be permitted to do one as we place an inhibition order on your house, this prevents anyone touching your property without out permission- even with a court order"

    They also value the house within the first 6 months in Scotland and deal with it before you are discharged
  • OK, I made some phone calls. The final CO was made before the bankruptcy. I genuinely had no memory of this. I spoke to my case worker and he said that he remembers he had discussed it with me but I was not very well at the time. I had been going through some health problems and investigation at hospital and was in a lot of pain. I was also under a lot of stress due to the pain and my circumstances. I obviously had no idea what was going on a times. I genuinely have no memory of this which is weird.

    They OR said also that it was placed before BR and there is nothing I can do about it. What are my options now? The house is a small place now worth 84,000 down in value from what I payed when I first bought it by about 10,000 pounds. I have an intesrest only mortgage, with no prospect in the immediate future of repayment due to the BR. Should I contact the creditor with the charging order? I need to know thier intentions, I cant spend the next ten years of my life worrying if I have a roof over my head. Anyone know what I should consider doing pls?
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