No discharge yet after 12 months advice needed please

WhiteRoses_2

Hi all. I was bankrupt begining of March last year. During thhat time I was a student nurse and on a very low income. Since then I have qualified. I work on the health board agency for two reasons, one being that there are no contracted jobs at this time and second being I suffer with chronic back and neck conditions which means some times I can not work.

I do my best to remain financially independant and work when I can. I claim no benefits. My income varies from month to month with this month being especially low due to not having enough hours and being sick. The OR sent me a letter a few weeks ago saying my file is being sent to the regional trustee and liquidator unit. My property is interest only and is ten thousand in negative equity wgich also has a charging order on it. The charging order happened without my knowledge, meaning I had no opportunity to attend court to have my say in the matter. I am in a very curious situation now.

I have not been discharged. I am at an age where if I cannot live peacably by being able to begin to pay off my property so I have a home in retirement without the threat of it being sold from under me and being too old to secure a home. I am in a position where I feel totally imprisoned. I want to be able to rest after my job which is highly stressful and demanding like most of us, but find I cannot feel 'at home' any more with the charging order hanging over me. I have a relatively small income due to my circumstances and I am also helping out my son who is at university. The property I live in is the cheapest here, a two up and two down probablly worth around 82,000 right now so I am not living beyond my means. I have no car and have to get the bus to work which is hard on me with my back and work (shifts). I don't understand why I havent been discharged I have nothing, no savings, no assets. I was thinking maybe they have projected my earnings as I am a nurse? I have no partner so I have to pay everything myself. I feel so down and trapped. I don't want to sound like a martyr or miserable but it is reallyimpacting my sense of peace and my outlook on the future. Do they want me to work for years and pay creditors forgoing clothing and a holiday now and then which I havent had in 7 years. Something has to give. I doubt I can cope with the stress of everything and have enough in me to believe there is a future for me. I do not want to work the next 20 years looking after people (which I love) and end up with nothing myself, dependent on social housing etc. I've no one to talk to about this, so maybe I am over reacting but I would appreciate it if someone could tell me what to expect with this RTLU thing or would it be advisable to seek advice from a solicitor?

I need to have hope. Thank you in advance, Roses x.

AdvicePlease

Try not to panic My case was sent to the RLTU quite soon after I went bankrupt, like you (I am guessing) I had no idea what that meant but apparently the RLTU is simply a centralised admin centre I was advised on here (in general terms) that it usually means that the OR has completed their investigations into your financial affairs, and that you are now considered a 'straightforward' case?

As far as not being discharged is concerned, I havent reached that stage yet (went bankrupt in May last year) but I have seen lots of threads on here which advise that the OR doesnt tell you when you are discharged. It is a matter of looking on the relevant website and you will see an entry with your name on it which shows you have been automatically discharged after 12 months - I believe the entry stays online for 3 months for you to view.

I hope this helps a bit

thefishdude

are you sure you are not discharged ? they dont actually contact yu to let you know, its as far as i know an automatic thing and you can search the insolvency register online to check.

Mouse1812

Check your name here do "all courts" and let us know. Click on your name for detail, it should say discharged. Print a copy for your records because after three months it disappears.

RTLU is nothing to worry about. It has been transferred to them because you have a house. RTLU will review the value again in 18 months time. If you are still in negative equity then they will do nothing and the house will become yours again.

Do you know how much the charging order is for?

WhiteRoses_2

Hi, thank you for your reply. I checked the link you sent me and yes it says discharged. Do you know if the charging order is reversible? If I want a home for retirement I will have to begin to pay off the property and not just interest very soon as I am in my 40's. I worry I will work hard even through adversity to secure a home, a real home and then for them to make me sell it making it very difficult to get another mortgage.

I have not heared from the trustee people at all. Do I now send the discharge paper to the credit reference agencies? Thank you so much you are all so wonderful here x. Oh, the charging order is about 12,000

arcon5

I believe if you was to sell the house now or something, the charging order (if not satisfied in full by the sale) and any negative equity in the house will actually fall in to bankruptcy (assuming you've not signed anything contrary to this). So it's really a case of seeing what is best for you... as getting off the ladder then back on would be a nightmare!!

When was the charging order placed? Why was it done without your knowledge?

WhiteRoses_2

Hi Archon. The charging order was interim first, I just had a letter saying it had been placed. Then I had a letter from the land registry saying a final charging order had been placed about two months later. I had no clue about the hearing so I was unable to tell the judge about my circumstances and the house being interest only and in negative equity etc. I'd like to stay here and pay off my mortgage so I have at least some where to live in peace but as it stands I believe the creditor can make me sell it if I have any equity. I see it this way, if I start to pay it off and in ten years time I have some equity then they can order me to sell it making it impossible for me to ever start another mortgage due to my age. I feel stuck and cannot settle. It's not like I have any thing to give if I did I wouldn't have become bankrupt after all. I'm just a citizen who endured great difficulty financially and personally and have no big house, car or business. I don't know how people continue thier lifestyles like we see the so called stars. They become supposidly bankrupt but still seem to live the high life. I've struggled for years now and even gone without decent food or clothing while trying to maintain every thing and work also. I just want to start again, predominantly just have a home. I was wondering if I could bring this case to the attention of the judge that placed the order so I could put forward my situation and that I did not know about the hearing etc. Thank you for your interest and comments, Roses x.
Also I have some work needs doing like the bathroom. It is literally falling to bits but I worry Ill get it sorted then be forced to move making it a waste of money and energy.

Mouse1812

Have a read of this

What can you do once a final charging order is made

If the court decides to grant a final charging order, you may be able to:

• apply for the order to be set aside
• ask for conditions to be attached to the charging order
• get the charging order changed.

Applying for the charging order to be set aside

If a final charging order has been made, you may be able to apply to the court to have it set aside. This means the debt goes back to the judgment stage and your creditor will have to reapply to the court if they want to take further action. This can give you more time to repay your debt.
You can only do this if you think the court didn't consider your circumstances properly. You must make this application as soon as possible after the charging order is made final.
To make the application, use court form N244. You can download court forms from the Ministry of Justice website at: www.justice.gov.uk.
It can be very difficult to get the charging order set aside. You can get advice on what to do, including help to fill in the court form, from an adviser at your local Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
You may need specialist help to put your arguments to the court and to ask for conditions to be attached to the charging order. You can get advice on this from your local Citizens Advice Bureau. To search for your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

dancingfairy

Hi. I have never, ever heard of a charging order being enforced in the sense of ordering a sale (and sadly charging order are 2 a penny nowadays). I believe you've got more chance of winning the lottery than being made to sell your house. I'm not even sure if the second charge can make you sell your house as the first charge (mortgage) would have first go of any money in the property anyway.
A charging order is basically a security blanket for lenders, they know when you sell (note when you sell) they will possibly get their money back (if there is any for them).
When was the charging order applied for by the creditor? was it after you were made bankrupt? If so then any debt would have fallen into the bankruptcy so I' not sure they can apply for a charging order if the debt is in the bankruptcy?
I'd get it set -aside on the basis you had no knowledge of it and also point out the debt is in your bankruptcy (if it is).
Best of Luck
df

alastairq

what date is the charging order?

WhiteRoses_2

Thank you all for your replies and advice. The final charging order happened a couple of months before my bankrupcy. I found this out from the land registry. The debt is part of the bankrupcy so I dont get how they can do this. I will try the setting aside and hopefully get to put my circumstances forward, even if I am not successful at least I get to speak. Thanks all x.