Help my house sale is being stopped

AdrianC

Woah, BANKRUPTCY notice? That's a lot more than just a CCJ...

And it means that the LR cannot legally transfer title without the permission of the trustee in bankruptcy.

https://www.gov.uk/government/publications/personal-insolvency/practice-guide-34-personal-insolvency#bankruptcy-proceedings-where-the-debtor-is-the-sole-registered-proprietor

http://www.legislation.gov.uk/uksi/2003/1417/part/14/crossheading/bankruptcy-of-proprietor/made?view=plain

Missymoo124

But I’ve never been maid bankrupt - late paying many years ago when I got ill but never bankrupt.

NewShadow

Missymoo124 wrote: »

They email they wrote says 2004 Bankruptcy Notice under section 86 of the land registration act 2002, in respect of a pending action, as the proprietor of the registered estate.

If you have no record or recollection of the insolvency... I can't even imagine how that would happen but still - Details of any bankruptcy can be found on the Individual Insolvency Register.

If the bankruptcy has been discharged - but for some reason not removed from your file - it may have been removed from the online register.

You can try searching the online archive of the Gazette - an official ‘newspaper of record’ which shows the same details as the Insolvency Register.

Completely speculating - given you have to proactively file for bankruptcy, so again - no idea how you couldn't know about it - but if it was somehow misfiled, then the details of what was registered against your name should be on one of those archives and then you can use the court reference number to contact the court to find out what happened...

If that's the case then you may as well tell everyone that you're not going anywhere for quite a while...

AdrianC

Missymoo124 wrote: »

But I’ve never been maid bankrupt - late paying many years ago when I got ill but never bankrupt.

2004 may be a red herring - that's when that legislation came into place.

Is there any more detail?

If you were "late paying", are you absolutely 100% sure it didn't/wouldn't have/couldn't have gone any further without you being aware?

TBagpuss

OK, ask them for a copy of the entry which shows this - I would expect it to include the court number and the name of the creditor so you can then make enquiries with them.

From the buyers perspective, they would want to be sure that there is nothing registered against the property which would affect them.

The Land Registry guidance says

3.1 Removal where the bankruptcy proceedings do not relate to the registered proprietor
There will be occasions when we make a bankruptcy entry (a bankruptcy notice or restriction) because the title appears to be affected when, in fact, it is not. This is usually because the debtor and the registered proprietor have a similar or the same name, address or occupation, or where an entry has been made owing to the lack of any response to a notice (rule 167(2) of the Land Registration Rules 2003). See Making of bankruptcy entries.

If we have made a bankruptcy entry against a person’s title to property, or a charge, and that person is not affected by the bankruptcy proceedings, they (or their legal adviser) should contact us immediately. If we have made the entry recently, then we will normally remove it when the person signs and returns a disclaimer (supplied by HM Land Registry) that they were not the subject of the bankruptcy proceedings. In some cases, particularly where the entry was made some years ago, they may be required to supply a statutory declaration or statement of truth to similar effect.

Production of a clear land charges search showing that the registration of the relevant bankruptcy petition and/or order under the Land Charges Act 1972 is no longer subsisting is not sufficient without further evidence. This is because such registrations expire 5 years after the registration date (unless renewed) (section 8 of the Land Charges Act 1972). Furthermore, even where the 5-year period has not expired, the entries may have been removed pursuant to an order under section 1(6) of the Land Charges Act 1972. However, neither expiry nor an order under section 1(6) re-vests in the bankrupt or former bankrupt any property, which has vested in the trustee in bankruptcy.

So it sounds as though, if the debt wasn't yours, and you were not ever made bankrupt, you will need to complete a statement with a statement of truth, to state that the registration isn't related to you.

Missymoo124

I was having a hard time in 2004 but I was never made bankrupt as I still have my properties and my business. It’s more than likely I let something go as far as been threatened with bankruptcy and i sorted it. I just can’t remember what it was for. My solicitor gave me a reference number but the court said they need the claim number - which I do not have.

AdrianC

This is starting to get more into the territory of...
https://forums.moneysavingexpert.com/forumdisplay.php?f=136

They'll have more experience of the processes required to confirm or deny the validity of the restriction, and to get it removed.

davidmcn

Are you sure this is something which refers to you, as opposed to somebody else with an identical (or similar) name?

[Deleted User]

Seems like it would be a good idea to do as post 14 says to find more details or look through your paperwork. I know most people don't keep paperwork that old around but you probably should as it related to debts and 'you might have let something slip through' etc.

It sounds like it went further than debt chasing.