Just Had My Or Interview But Have One Question

fermi

wherediditallgo wrote: »

I'm sure there's another one about them being allowed to continue a claim for arrears if they'd started legal action prior to you going BR, I just can't remember where I saw it. Hopefully, someone else will come up with it.

From memory that may well be the Harlow District Council v Hall case, since he was claiming that that the BR would wipe out an already aquired 'suspended possession order' that only allowed him to stay in the property if arrears were cleared.

You can read the text of the Appeal Court judgement here:

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2006/156.html

but I can't be doing with that today to work it out as I have flu.:o

tigerfeet2006

Aw! lots of cyber ((((((((((((((hugs))))))))))))))) Fermi, hope you feel better soon.

Gaz1971

Why does the OR need to contact your HA ?

fermi

Gaz1971 wrote: »

Why does the OR need to contact your HA ?

Because (I think......):

(a) A landlord is a potential creditor that the bankrupt may owe money to but has "forgotten" to mention in their petition. And that has happened where people don't want to lose their home.

(b) A landlord is one of the few creditors that may still be able to take action against the bankrupt's estate despite the BR. So the OR must know if anything is owed.

In practice if you can convince the OR that nothing is owed they may decide to use some discretion and not bother, but I think "officially" they always should.

Gaz1971

SO I just need to keep it all paid up to date and not owe any weeks rent?

What worries me is I dont actually have a tenancy agreement. My father was the tenant, I was his carer, he died and I have been allowed to carry on living here while I go on the housing waiting list and they find me somewhere else.

fermi

Gaz1971 wrote: »

SO I just need to keep it all paid up to date and not owe any weeks rent?

I suppose so. Future arrears (like other future debts) are your concern now.

Gaz1971 wrote: »

What worries me is I dont actually have a tenancy agreement. My father was the tenant, I was his carer, he died and I have been allowed to carry on living here while I go on the housing waiting list and they find me somewhere else.

From the experiences that everyone else posts I wouldn't have thought it would cause a problem. But if you are extra concerned that this slightly unusual circumstance might cause one, then perhaps another conversation with your OR explaining your FULL concerns might be an idea? Who knows, they might decide to not contact if they know all the extra facts/concerns (or put your mind at rest)?

RAS

tcalamity wrote: »

it lasted 30-40 minutes and at the end he told me i will not have an IPA order and he is putting me forward for an early discharge but this depends on how busy the office is(obviously im happy even if i dont). he said dont worry anymore, enjoy my new debt free life.

TC

I am so please for you. After the last few years, you deserve every break going.

Love to the girls and happy new year.

tcalamity

thanks ras and everyone.
i went to my housing association and had a word today about my br and they could not see a problem with it as the rent account was up to date on the day i went br, and it is always paid on time. funnily enough back in september i applied to have my partners name on the tenancy as a joint tenancy and they had got all the paperwork done in oct 07 and i forgot about it. they asked me about it today and so i have signed a new assured tenancy, jointly with my partner today. so if they was going to evict me they would not have done that (also i think with someone else on the tenancy they are also liable for the rent)

TaxAvoider

Another from the "don't worry about your HA" camp I am still here after 3 months, as long as you can continue to pay your rent you will be fine.

And to be honest once you are BR, rent will be much easier to find won't it either from your salary or benefits.

I think I am about 4 or 5 weeks in advance, but that reminds me I better check, my HA has an incentive if you are 4 weeks in advance over 6 months then you get into a "club" wooooo not sure what benefits there are, but it sounds nice