House update !!

zbeebee

For those who have given me such great advice and you both know who you are here is an update . So the Or has applied to court for possession order and declined my offer as they do not believe that I have a 50% benificial interest in my home!! So they are asking the court to decide what my interest is! My solicitor is now on the case and involved which is giving me a bit of relief but I'm still so scared that they are going to force sale any money I could of offered is decreasing rapidly with solicitors fees now. So I guess my question to the knowlegeable out there is if the OR believes me not to have an interest will the judge??? My solicitor believes I have but in a court batte which i will have to fund my original offer that they have rejected wouldn't be reachable what do we do walk away??

Mouse1812

For those who want to catch up Zbeebee's original post is here

zbeebee have you got the date the court received the application ?

Mouse1812

make sure your solicitor notifies the OR that you will seek costs - that point must be communicated in the clearest and strongest terms possible

does your solicitor have a copy of your last thread with my answers?

zbeebee

I have given them a copy of what you posted yes not that she was overly interested!! and the date on the paperwork is the 13/2 although trustee since told me 15/2 either way before deadline:0( but I'm panicking that a judge will agree with the OR /IP and they will allow possession and sale and we will be given 28 days to vacate property which with 2 under 5 and 11 years of living in same house will be impossible to do while trying to find a house to rent with a bankrupt husband. I am sinking and I want is to keep this house but when they have added the amounts to the bankruptcy for their services and what I'm offering will only just cover that the creditors don't stand a lookin and I wish I could just pay them back or that we never started the bloody business in the first place we would be financially sound had we just carried on as we were! feel like I keep saying same thing so sorry mouse x

Mouse1812

You could also make a formal complaint that the OR is not following the instructions given in their own manual.

Re read your last thread and follow every link given. Read it all, several times over. Memorise it.

The judge will not automatically side with the OR, the judge will decide on the basis of the information GIVEN in court. Fail to mention something and that will not count.

fiveyearplan

I jus tread through some of the old thread and would also say that if you were the bankrupt and your husband was not, they would definintely deem that you had a beneficial interest in the house and take a share of it. Bl**dy cheek of them to say you don't have any BI.

Good luck!
FYP

zbeebee

Very well said fyp plus if I was divorcing him I'm sure I'd get it too shame I love the man and want to support him and our children to beat this and move on. Mouse I have read and re read your helpful posts so many times I have been asked by or/ip to provide whiteness statement as to my belief of benificial interest which I will make sure I word in away that refers to all your information thank you x