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Petitioned for bankruptcy

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  • The flat is up for sale and possible offer being made this week ...
    The charging order is for costs relating to going to court to contest the debt ...
    The petition is for the debt itself..
    If flat is sold for just below asking price then after charging order paid will have around £1500 left in my share of the equity so nowhere near enough to pay off debt ...so the creditor wants it both ways...
    Thats
  • BoGoF
    BoGoF Posts: 7,098 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What were your payment proposals that were rejected?
  • £200 per month with view to increasing if finances improve
    That was rejected without counter proposal...
  • GDB2222
    GDB2222 Posts: 26,282 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    "I am possibly getting new job in few weeks which will be impossible if made bankrupt"

    That's important from your point of view, but not exactly a compelling proposition for your creditor or a judge, is it? What's plan B in case you don't get the job? Will you know whether you have the job before any court hearing?

    It's a long, long time since I last issued a statutory demand, but my recollection is that it's just a simple form you fill in. It costs nothing. It's a separate step from that to actually petitioning for bankruptcy.

    I wonder whether your creditor is trying to give you a bit of a jolt? Perhaps, he's telling you to get a job and start paying him the money you promised. Otherwise, if he has to lose £26k anyway, what's an extra £1k to see you bankrupt and make sure that you're not hiding any assets?
    No reliance should be placed on the above! Absolutely none, do you hear?
  • BoGoF
    BoGoF Posts: 7,098 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    So more than 10 years to clear it. Sorry to say but it's obvious to see why they rejected it out of hand. Unless you can demonstrate you can clear it in a more reasonable timescale I think they will be successful.
  • GDB2222
    GDB2222 Posts: 26,282 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    maccasback wrote: »
    £200 per month with view to increasing if finances improve
    That was rejected without counter proposal...

    11 years to repay this without any interest?
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Well if that's the case it is out of my hands....I would have thought they would have tried to come to an agreement ....there is an issue with the nature of the debt but I'm not able to discuss this at present
  • BoGoF
    BoGoF Posts: 7,098 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    maccasback wrote: »
    Well if that's the case it is out of my hands....I would have thought they would have tried to come to an agreement ....there is an issue with the nature of the debt but I'm not able to discuss this at present

    If your proposals were realistic then maybe they would have. An offer of £200 per month for a £26k debt is not.

    Sounds like you lost at court contesting the debt, so is there really an issue?
  • GDB2222
    GDB2222 Posts: 26,282 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You may find that actually being bankrupt is a lot less bad than the prospect of being made bankrupt. That was certainly the case with a client of mine. He was jumpy as anything before bankruptcy and became quite serene once it happened.
    No reliance should be placed on the above! Absolutely none, do you hear?
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