Credit card debt won't go away

Niel76

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NIEL76
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Hi there.
I declared myself bankrupt in 2009 and tomorrow it will be 6 years since I done so. After I went bankrupt a letter came to my house and was from Bradford County Court to say that Egg Credit Card had put a charging order on my home. I rang Egg who said that this still had to be paid because it was now secured to the house. I receive letters off them telling me I can settle at a reduced fee etc but I have been paying them 20 pounds per month for the last 5 years approx but now have just been told off a friend that I should not have to pay this debt and I woukd just like clarification on this matter? Thank you in advance.

[Deleted User]

If it's secured on the house then you really don't want to stop paying it.

Unless your friend is going to let you live with him.

TheGardener

If the debt was unsecured at the time you went BR, then it was included in the BR - when was the charging order applied?

fermi

Key date was when the charging order was made 'final' by the court instead of an interim one? If that was before your BR date, then the CO stands. If after, then it may be challengeable.

Niel76

Thank you its as I thought...Unfortunately for me the charging order was put on 10th Dec and I declared myself bankrupt on the 11th. Never mind. ..can't win em all I suppose

Rrushi_Shqiptar

Niel76 wrote: »

Thank you its as I thought...Unfortunately for me the charging order was put on 10th Dec and I declared myself bankrupt on the 11th. Never mind. ..can't win em all I suppose

Was that the same year? If so, surely the egg card would/should of been part of the BR and you should be able to get the CO overturned.

fermi

Rrushi_Shqiptar wrote: »

Was that the same year? If so, surely the egg card would/should of been part of the BR and you should be able to get the CO overturned.

Sadly not. The CO survives and is valid, even if the original debt was/would have been a bankruptcy debt if it hadn't been obtained.

It stands separate from the original debt.

All the creditor now has is the CO. If the house is sold without that being paid for some reason - e.g. not enough proceeds, or not required as it's just a restriction - then the original debt is still written off by the BR.

If the house is in joint names the CO may just be a 'restriction', which is pretty useless to the creditor if you realise it. See: Charging Order? The myth

Rrushi_Shqiptar

fermi wrote: »

Sadly not. The CO survives and is valid, even if the original debt was/would have been a bankruptcy debt if it hadn't been obtained.

It stands separate from the original debt.

All the creditor now has is the CO. If the house is sold without that being paid for some reason - e.g. not enough proceeds, or not required as it's just a restriction - then the original debt is still written off by the BR.

If the house is in joint names the CO may just be a 'restriction', which is pretty useless to the creditor if you realise it. See: Charging Order? The myth

Having re read it and seeing your post I understand that...