Bankruptcy, exactly same name as me, Land Registry state details might go on my deeds

theartfullodger

I've been away for a couple of weeks- Highlands of Scotland, stunning weather – and returned last night to find the usual pile of mail. Including one from Land Registry regarding one of my rented properties.

Turns out someone with the exact same 3 names as me (e.g. “The Artful Lodger”..), and not that common a name is going through bankruptcy proceedings (a barrister to boot!). Letter dated 21st May, to be replied to by 12 noon 12th June (a Sunday, helpful..), 3 weeks including post time both ways, requiring written form reply, no email.

Just a simple declaration – am I the crooked little scr*at or not.... (a bit like being asked at immigration if you are a terrorist...). And if I didn't reply in time, the post office lose it (either sending or being returned) – or, worse, I filled the form incorrectly what happens? Details of the bankruptcy proceedings will be added to the title register!

See this part of their letter...



So dear fellow readers, make sure your address on the land registry deeds is up to date! Especially if you don't live there (B2Ls, holiday homes...)

Good job I wasn't away for longer! There is a mortgage on the property & I know the lender (ex- Mortgage Express) would love any excuse to repossess.

I guessed at email, sent, got a prompt reply (well done LR!)

Any other members had one of these?

Any comment from the official LR rep?

G_M

Good advice Artful.

Had you not gone the email route I would have adised you to photocopy the form and send duplicates back - different post offices, perhaps one by registered.

Even though you've had an email confirmation, I'd still post the form back too: belt and braces.

If you can identify the Official Receiver, might be worth contacting them just to ensure no other misunderstandings arise eg your car disappears into bailiff's hands overnight.....

Land_Registry

Not too sure which part you are looking for comment on here as it reads some good/some bad and not all directed at Land Registry - happy to do so if you can highlight the bits to comment on perhaps?

A couple of things to note though are that bankruptcy enquiries around the process itself are handled by a specific Land Registry Bankruptcy Unit and you can ring them on 0300 006 6107

The LRBU's primary responsibility is to ensure that our statutory obligations are fulfilled with regards entering bankruptcy notices/restrictions as appropriate.

Bankruptcy works through a well trodden process whereby the bankruptcy proceedings are handled by the court (there is an adjudicator route as well now)
They then notify the Land Charges Registry re the name of the bankrupt.
Who then search against that name (or very similar) to identify any registered/land or property held under those name(s)
Notices are then served on those named individuals although some consideration is also given to the location of the court/registered details

If you are the bankrupt you don't need to do anything. If you are then you respond to the Notices as you have posted. If you are out of time or fail to receive them because you have not updated the address we have on the register or you are away on holiday etc etc then there is a process for then notifying us out of time.

Our Practice Guide explains the registration aspects for you in more detail

But let me know re specific comments required and I'll do my best to cover them for you

theartfullodger

Thanks representative: Always interesting to see various views.

I am violently in favour of bankrupts having any squirrelled away assets taken, having been owed money, court order (er.. court decree..) by someone who was then made bankrupt by council for £15k+ council tax bill (? how did that happen..) and it is well known he had assets he'd hidden... More annoyed about council tax-payers being ripped off than my £500 or so..

Concern in particular that the timescales are quite short (3 weeks...) - people go on hols, get sick, hide their heads in sand and don't read or act on letters...

Keen people are aware this can happen..

AnotherJoe

But let me know re specific comments required and I'll do my best to cover them for you

---

Its easy to see many ways in such a flawed process with no checks or balances could go wrong.
Owner is on holiday.
Owner is ill.
Letter going to property does not arrive in time
Letter going back to LR does not arrive in time or at all.
Person makes a simple mistake on form.( That's one heck of a consequence for a mistake. )
Etc

tom9980

AnotherJoe wrote: »

But let me know re specific comments required and I'll do my best to cover them for you

---

Its easy to see many ways in such a flawed process with no checks or balances could go wrong.
Owner is on holiday.
Owner is ill.
Letter going to property does not arrive in time
Letter going back to LR does not arrive in time or at all.
Person makes a simple mistake on form.( That's one heck of a consequence for a mistake. )
Etc

Funnily enough last year my parents were abroad for a 2-3 month period, i checked the house and mail every 10-14 days, when they came back it turned out BT sent them a letter the day after i last checked saying that they had given their phone number to someone else up the road who wanted a second telephone line. The letter gave them an option to refuse but only 5-10 working days to tell them not too. This led to weeks and months with telephone and broadband issues while it was sorted.

marksoton

Time to come clean with the missus regarding those wild party's i'd say...

(I'd be telling them to FO)

PasturesNew

Read the attached letter/photo .... basically reads like a bully boy "Even though we've never met, we're fingering YOU as the scr0te. So ha-ha- big boy, if you're on holiday, in a coma, in a care home and talking to the fairies, we're going to make it nigh on impossible to sell your house at some future/random date because we've stuffed your clean record up good and proper .... and don't ask us to correct our error, it was YOUR error. YOUR error entirely for not returning the form by the arbitrary short-date issued to you and/or for you not filling in the form to our "hoop leaping through" standards..... if the letter ever arrived at all (as if we care! not)...

Tough t1tty homeowner .... have a good one, not."

Typical 4r5ewipe attitude that's creeping throughout modern society.

davidmcn

PasturesNew wrote: »

"and don't ask us to correct our error, it was YOUR error."

Er, except you can correct it pretty easily. Might be a bit of extra bureaucracy if you don't notice it until the next time you deal with the property, but it's not really that big a deal.

G_M

I imagine time is also of the essence. You don't want the bankrupt to sell the property in the gap between being declared B, and the LR Title being updated, and running off to Macau with the funds.

Land_Registry

Thanks theartfuldodger and of course others - it tends to always be about balance re debtor/creditor and how such things are tackled 'fairly' but that is always a very subjective issue.

The balance applied re the 3 weeks is standard really across many of the notice/notification periods we apply. This allows for delivery, receipt, consideration and return in many cases but there will always be some where that proves insufficient.

And there is a degree of consideration being given before issue to try and ensure they are served on the actual named bankrupt of course.

With over 24 million registered titles though that can be tricky to achieve and one could imagine every John Smith (apologies all John Smiths) receiving hundreds of such notifications but in reality that is not the case.

As davidmcn explains there is a relatively simple process for having the entry removed at a later (not too later) date and whilst that adds another layer of unwanted bureaucracy a balance as mentioned above still needs to be applied.

Property owners who are away for long periods or not always resident at at the property should consider amending the contact details we hold for them as they can include up to 3 contact addresses such as care of, email or overseas. We are not the first thing you think of re such contact as many people never have any direct dealings with us but it can help here.