Trustee appointed writing to us 2 weeks 3 years after bankruptcy date

reallystressed

Thanks Laura @national debt line
I will write to KPMG and quote the legislation to them and ask for clarification that the matter is closed

@kittykat have you managed to get legal advice regarding your situation?? Or any new developments?

cymruchris

I don't want to mess up this thread - but would be great if National Debtline could take a look at a thread I created concerning a similar issue.

However the system here won't yet let me post a link - and I know National Debtline has opted out of PM's - which I can fully understand. So not sure how best to flag it up.

reallystressed

Hello Chris
I have seen your thread and I have written to trustee quoting legislation as I believe the time frame in which to deal with beneficial interest has passed
I will update you when o get a reply

In regards to your thread I do believe they are outside of the three years in which to deal with interest so if I was you I would write to them
Good luck!

debt_doctor

Hi,
Really interested on what responses are received from these 'out of time' claims by the Trustee.
Please keep posting.
DD

reallystressed

Hello Debt Doctor

I am so scared! I have posted letter and am awaiting response
Also I don't know if you can help me on this but there was also a form for my husband to sign stating that he gives permission for trustee to claim any refunds in income tax up to the end of the tax year 2017 I have not sent this back and am trying to find out info on wether they can do this? I know my hubby was on a Nt ipa and no further ipa was put in place before discharge as our circumstances remained the same
he became self employed again after the tax year of Br and is now limited company
I have looked everywhere and all I can see is that the trustee has a right to tax refund in years leading up to and year of bankruptcy
We are going to make an appointment with a solicitor to have them look over it and see if they can give us any clarification on the matter
Will keep you all posted regarding the beneficial interest

cymruchris

I wish you luck - and please keep us updated - I've been trying to find a good solicitor - so far they all seem to be on holidays - and the one I reached told me there's not much time, and was more interested in telling me about his holiday plans than helping me.

kittykat31

Hello all,

sorry for the absence, it's been the school holidays so its been hard to come on here with the children to run around after at home. And to make matters worse,the children and I were involved in a car crash a few days ago and have had our car written off - so very stressful all round!I hope everyone is well and that you're getting the help you need? We've been back and forth trying to get out of selling the house with no luck.

We have now decided that the best course of action is to voluntarily sell the house. At first we were very upset but are now trying to get the best out of a bad situation. My husband will make some money out of the house once my debts have been taken off. Not much, but enough to pay for our rent for a couple of years and for me to put a little money into starting a small business from home. It will still be stressful and a big change for us but we are seeing it as an adventure and as an opportunity to do something we would never had done before. I can now stay at home with the children for longer and we will be able to have a fresh start financially. We are going to set up a savings account and start to save for our dream renovation project in a few years once the bankruptcy drops off and I am earning again. It is all still very stressful (I have days where I fall back into despair and can't believe what a silly mistake I made filing for the bankrutcy in the first place!) but we are trying desperately to stay positive. The children are healthy and thats the important thing after all!

The weirdest thing is suddenly feeling able to tell people about it. Up until now we have been very secretive about our financial situation and I had a huge panic attack a few weeks ago about how ashamed I would be when people hear I'm having to sell my house. But.... once I tell people we are selling up to clear our debts and have a fresh start people are actually very supportive. And it has made a few of my friends re-assess their own spending so they don't end up in the same situation. And, at the end of the day, everyone has their own problems.

@reallystressed and @cymruchris and @debtdoctor,

with regards to acting within the 3 years...

I received a form 6.83 from KPMG which basically informs you that they have STARTED to take action and that it falls within section 283A of the insolvency act. This means that although they haven't got any money from you, they have started the process and so are in their rights to pursue a sale. It states on the form that it must receive this notice no less than 14 days before your 3 year deadline. I received mine 15 days before! If my OR had taken 2 days longer to pass over my case, I wouldn't be in this situation! I'm pretty sure that unless you have to have been served with this notice for the IP to take any action after the 3 year deadline. Hope this is helpful.

Let me know how you all get on. Thinking of all and hoping you get the outcome you all need x

kittykat31

Sorry, that last bit wasn't very clear at all! what i meant to say was - i'm pretty sure you have to have received a form 6.83 14 days or more before your 3 year deadline in order for them to continue to take action.

kittykat31

Also, have just found this on the insolvency direct government website:

5. Notification of Interest in Matrimonial Home
Insolvency practitioners are reminded that section 283A(3) provides that the three year time period, after which the property vests in the debtor, does not apply where the property has been realised, proceedings have been commenced in respect of the property, or the insolvency practitioner has entered into an agreement under the provisions of subparagraph (e) of that section.

This suggests to me that all the IP has to do in order to get past the 3 year deadline, is decide that further action will be taken, and notify the bankrupt of this with form 6.83. However, 'proceedings have commenced in respect of the property, is very vague and I think this needs clarifying.

kittykat31

It also conrinues:

"as soon as the decision is made that the property is a “qualifying property” under rule 6.237, form 6.83 should be served on the bankrupt". So, where most information on the net states that the OR/IP needs to have applied for an order of sale or realised the interest etc, this quote suggests that the IP only has to declare the home as a 'qualifying property' to extend the 3 year limit. I'm trying to find out what rule 6.237 is (I think it changed in april 2016) but no luck yet x