query as a creditor

JoeHel

Richard_S wrote: »

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

Thanks Richard. I'm going to speak to the OR on Monday and just check the situation. The thing is, if we had a charge on the property we would have 12 years to enforce it, not 3. I am just livid that we weren't even informed or consulted, when he owes my OH nearly £21k!!!!!

Richard_S

JoeHel wrote: »

Thanks Richard. I'm going to speak to the OR on Monday and just check the situation. The thing is, if we had a charge on the property we would have 12 years to enforce it, not 3. I am just livid that we weren't even informed or consulted, when he owes my OH nearly £21k!!!!!

Hi Joe,

I'm sure you're aware that unless you have a full C.O on a property before a B.O then you certainly won't get one after, so there's not much point in wishing you'd done it before.

If the O.R has already gone through the legal procedure of selling the B.I then I doubt very much that they'll reverse the decision.

I really can understand your anger, grief, loathing at and for the person who owes you this money, but there comes a time when you have to put it behind you and move on.

Regards

Richard

JoeHel

Richard_S wrote: »

Hi Joe,

I'm sure you're aware that unless you have a full C.O on a property before a B.O then you certainly won't get one after, so there's not much point in wishing you'd done it before.

If the O.R has already gone through the legal procedure of selling the B.I then I doubt very much that they'll reverse the decision.

I really can understand your anger, grief, loathing at and for the person who owes you this money, but there comes a time when you have to put it behind you and move on.

Regards

Richard

With all due respect Richard that's not true. In this case, where the debt survives bankruptcy, it is perfectly possible to apply a charge after bankruptcy - that is the solicitor's advice. The OR specifically told us she was discharging him so we COULD! There has obviously been some miscommunication with the trustee.

It is not easy to move on when my OH is now pretty much disabled and unable to work and that piece of scum is now raking it in.

JCS1

Hi,

I suspect that the Trustee has to legally offer the BI under the Insolvency Act, how this than applies to Charging Orders and personal injury claims I don't know.

Only thing I can suggest is to speak to the OR and your solicitor again (or get the two talking to each other).

x

JoeHel

JCS1 wrote: »

Hi,

I suspect that the Trustee has to legally offer the BI under the Insolvency Act, how this than applies to Charging Orders and personal injury claims I don't know.

Only thing I can suggest is to speak to the OR and your solicitor again (or get the two talking to each other).

x

Yes, I agree they probably do. BUT there are a couple of exceptional circumstances (also in the Insolvency Act) where debts are NOT discharged with bankruptcy (the two I can remember are CSA payments and personal injury awards). I'd imagine it's not usual for people to emerge from bankruptcy with debts still in force, but in this case he did. And the OR knew full well that he did. I can't believe they would knowingly take away our only way to get this money back.

Richard_S

JoeHel wrote: »

With all due respect Richard that's not true. In this case, where the debt survives bankruptcy, it is perfectly possible to apply a charge after bankruptcy - that is the solicitor's advice. The OR specifically told us she was discharging him so we COULD! There has obviously been some miscommunication with the trustee.

It is not easy to move on when my OH is now pretty much disabled and unable to work and that piece of scum is now raking it in.

JoeHel,

I'm not disputing the finer points of the law relating to this guy and his debt to you, and I think you should try every avenue open to you. However, my experience (costly and painful as its been) is that there comes a point when you have to realise that unless you can afford to throw away £'000's in legal fees then you're not going to get the outcome you deserve.

There are people on this planet dying for lack of access to clean drinking water; do you really think that you have some monopoly on injustice?

You're obviously an intelligent and motivated person and you really would be so much better off using those attributes to build a future worth living, rather than languishing in the past.

Richard

rog2

JoeHel wrote: »

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.

Surely the 'Solicitors Costs' only started after he was declared bankrupt?
If that is, indeed, the case, then his bankruptcy should have no bearing on their costs.

JoeHel

Richard_S wrote: »

JoeHel,

I'm not disputing the finer points of the law relating to this guy and his debt to you, and I think you should try every avenue open to you. However, my experience (costly and painful as its been) is that there comes a point when you have to realise that unless you can afford to throw away £'000's in legal fees then you're not going to get the outcome you deserve.

There are people on this planet dying for lack of access to clean drinking water; do you really think that you have some monopoly on injustice?

You're obviously an intelligent and motivated person and you really would be so much better off using those attributes to build a future worth living, rather than languishing in the past.

Richard

Thanks for your message Richard. Y'know what, I think I'll leave you all to it. Clearly, anyone trying to get money back from a scumbag bankrupt isn't going to get too much assistance here....

We have spent NOTHING on legal fees, and once that issue arose I would obviously re-think whether it was worth pursuing. Until that point, I will continue to try and find out how this can have gone so badly wrong. It costs me nothing to contact the OR (thank you to the kind person who PM'd me with some helpful advice on that).

I don't see what people dying of thirst has to do with me? I'm fully aware of injustice in this world thank you very much. My 12 year old nephew is fighting a cancer that affects just 60 children in the UK every year.

JoeHel

rog2 wrote: »

Surely the 'Solicitors Costs' only started after he was declared bankrupt?
If that is, indeed, the case, then his bankruptcy should have no bearing on their costs.

No rog2, the solicitors cost are what have built up during the 4 years it took to get the personal injury case to court.

PS before I go you have been a fantastic help and thank you for everything. You are a star.