query as a creditor

fermi

JoeHel wrote: »

Wish I could be a fly on the wall when THAT letter arrives!!!

So do I.

Thanks for the update. Still looks like it is going to be a long haul for you to get anywhere, but at least he's not off the hook if he should come into money or equity.

JoeHel

fermi wrote: »

So do I.

Thanks for the update. Still looks like it is going to be a long haul for you to get anywhere, but at least he's not off the hook if he should come into money or equity.

Yes, it could be a long haul but he'll know he has no choice but to pay up! He won't be able to sell the house without having to pay us :j The solicitors are just checking that they can carry on enforcement proceedings as part of the same fee process that they took the original case on - i.e. it'll be added to the charging order and HE will have to pay for it, not us. We've already said we can't afford to pay any fees ourselves, unless we get this cash from him!

JoeHel

Well, the solicitors have confirmed that they will carry out this work as part of the original agreement (i.e. won't charge us anything) and an interim charging order has been lodged so he'll know all about it by now... Hearing date 5 January. Terrified that he can come up with some reason for the charging order not to be lodged but honestly can't think of anything he could say. The debt has gone up by about £5k in the last 2 years (it's 8% APR).

In a way I'm now glad he went bankrupt, because it means there are now no other creditors in the picture and we can't be seen to be getting preferential treatment.

The only other option I believe he would now have is to make an offer to make monthly payments. So far he hasn't paid a single penny, so he can't argue that he's stuck to any payment plan as a way out of the charging order! Although I have to say I would be absolutely gutted if we had to enforce sale of his property. I'd hate his arrogant behaviour to affect his family, but I guess that's a decision he took a long time ago... :rolleyes:

Just crossing fingers and praying lots right now....

Can I just add a massive thanks to Fermi and the others who have given such amazing advice on here. It was ME who told the solicitors AND the official receiver about personal injury awards not being discharged through bankruptcy - neither of them had a clue.... So you guys have made such a difference. None of this would be happening without your help - we would have given up long ago. Good job I'm like a dog with a bone once I get my teeth into something!!!

tigerfeet2006

Glad things are moving forward for you. Hopefully someday you will get the compensation money.

It is situations like yours where the posters have helped so much that make me proud to be a poster on this board and it shows that the OR's don't know everything so if you think they are wrong it is good to challenge them. They are not God they are human beings.

JoeHel

tigerfeet2006 wrote: »

Glad things are moving forward for you. Hopefully someday you will get the compensation money.

It is situations like yours where the posters have helped so much that make me proud to be a poster on this board and it shows that the OR's don't know everything so if you think they are wrong it is good to challenge them. They are not God they are human beings.

Thank you so much. And yes, it's posters like you, fermi and rog who have given such amazing advice. Seriously life-changing stuff. If the compensation money does ever arrive, I owe you guys a beer or two :beer: I'll post updates when I know any more...

peachyprice

Hi JoeHel,
Glad to see it's still ticking along nicely. Thanks so much for keeping us updated.

Good luck for the future.

Broken_hearted

So all he has to do is stay in negative equity and put any money/assets in someone elses name. I hope the money does come through as you deserve it but doubt it will.

JoeHel

Yes, I suppose that is all he has to do but won't it be quite difficult to purposefully stay in negative equity for 12 years?

Anyway ... another small update. The defendant's solicitors don't believe that the entire award survived bankruptcy. They think that my partner's personal injury award probably survived, but they don't believe that the solicitors costs should.

If they are right, then I imagine the charging order we are pressing for can only be for the amount awarded to my partner.

Obviously we're concerned about what would happen then ... the solicitors won the case and are entitled to their fees. Will my partner actually receive his award if the defendant's property reaches a price where that equity exists, or will the solicitors take it all to pay their fees? We shall see....

JoeHel

Me again....

I wondered if I could possibly impose one MORE time and ask for some advice...

The defendant was discharged from bankruptcy in July 2008. At that time the Official Receiver was fully aware that the personal injury award had survived. We have now discovered that the bankruptcy trustee allowed the defendant's spouse to purchase his beneficial ownership in the matrimonial home for £1.... And if he has no beneficial interest, we can't impose a charge against him. HOW THE HELL CAN THIS HAPPEN??!!!

The OR specifically told me she was discharging him after a year purely so we could pursue this award. Then two months later they let him sell his interest in the ONLY asset he has. They have basically sold him our £21k award for £1!!!! Is there ANYTHING we can do??!!!!!

Richard_S

JoeHel wrote: »

HOW THE HELL CAN THIS HAPPEN??!!!

Is there ANYTHING we can do??!!!!!

Hi Joe,

If the O.R has agreed to the spouse buying the B.I for a £1 then there was no realistic prospect of the value of the house exceeding the mortgages / loans secured on it within a three year timescale.

As a creditor of the estate you can ask the O.R for clarification, but I suspect that's about the limit of what you can do.

Regards

Richard