pub bankruptcy

blind-as-a-bat_2

If you can find a reciept in your name the OR will find it hard to claim it as your OH assett so fingers crossed on that

CHB is not counted re IPA calculation but due to a recent rewording of the or,s guide, CTC now are

forestpottsy

Ok, been reading through some other threads.

Couple of points.

Gonna check lease with Punch, it's somewhere in the seemingly endless boxes of paperwork in the awning.

Total assets are:

1.Deposit £3200 ish held by Punch
2. Kitchen eqt etc £750 ish now in Punch's/new tenants possesssion
3. Car £250 we have: essential
4. Caravan £450 we live in: VERY essential
5. Machine float unknown value: Punch commandeered (stole????)

If all the creditors get the report saying that OR has not chased the cash realisable assets IE 1, 2 and 5 in the first instance with 1 and 2 being the highest value, then surely they are going to be very peeved?

The car is not worth thye re-sale value and the hassle.

The caravan I supose is quickly realisable as cash BUT surely is not worth chasing for the amoung they will realise and also the OR would then be THEMSELVES responsible for making us homeless? Legal advice welcomed?

Also, I have read on another post that a BR CANNOT buy a Beneficial Interest so if that is the case, how can they a) ask hubby to buy BI in the caravan and b) expect him to buy same BI when by their own admission hubby's income shows a shotfall against expenditure?

Quite a unique situation in that we have no house etc but boffins please sharpen your pencils cos I am now ready for battle!!!!!!!

(And awaiting advice cos if I ever needed it it's now!!!)

betterlatethannever

Such a unique situation may require specialist help.

Maybe a call to Community Legal Services Direct 0845 345 4 345. They can call you back if phone costs a problem. If not then maybe National Debtline could help.

It seems ridiculous, as to rent would cost you loads and incure more costs.

keep up the fight. this really is madness.

forestpottsy

Yep, completely agree, but PAYG phone is eating money getting through queueing systems (£30 last week alone, even with call backs) and have used phone box for free phone or local rate calls ). Went to CAB when we had all the benefits/ social fund application messs at the back end of last week but only open for 2 hrs per week up here at their office.

That's Tuesday so I will be camping on their doorstep tomorrow to try and get some help.

Business Debtline never even sent out the info they promised neither did they ring us back as promised seveeral weeks ago just before we went pop.

I have now gone through the emotional stage of everything finaly getting to me and having a good sob, and felt much better the morning after for doing that, even if I felt like half of Skeggy beach was in my eyes cos, I had really sobbed my heart out in private.

I am now ANGRY and ready for a good fight. Def with the OR about Punch, and sure as hell to keep a roof over my kids heads. Okay, it's only 14 ft x 6 ft but so what?

We have tried to do tings the cheapest way and we're still being penalised cos they're classing it as an asset? NO NO NO. If equity in a house after fees was only £450 would they chase it? NO.

So they are NOT having my home. Pain in the !!!! it may be walkiing round everything and tiny it may be, but it's mine, and they better chase everything else first. This is last on the list.

So_Sad_Angel

forestpottsy wrote: »

I am now ANGRY and ready for a good fight. Def with the OR about Punch, and sure as hell to keep a roof over my kids heads. Okay, it's only 14 ft x 6 ft but so what?

We have tried to do tings the cheapest way and we're still being penalised cos they're classing it as an asset? NO NO NO. If equity in a house after fees was only £450 would they chase it? NO.

So they are NOT having my home. Pain in the !!!! it may be walkiing round everything and tiny it may be, but it's mine, and they better chase everything else first. This is last on the list.

Gosh Girl!!!! You go for it!! ...Girl Power still rules!!!

It is YOUR home!!!! if it were a TV at £450 then the OR would not be interested!! Stand your ground! The OR is unlikely to push on this one especially as you will be homeless as a result & your overheads will be so much more in other accomodation!

Wish was in Skeggy ...beautiful part of UK!!! Was there on a course once & went for a early morning run at 6am & was the best feeling!! Fantastic place!! very envious here!!

Angiexx

forestpottsy

Thank you SSA,

Your comments helped to get me through some dark periods last week, as did others.

It's hard enough anyway for anyone, but I am up here with the kids and dogs and OH is nearly 100 miles away and we are both hating EVERY minute cos a) we are apart and we need each other more now than ever with evrything going off and b) he's missing me and kids and they and me are missing him like crazy.

It's VERY hard but needs must and for the next couple of weeks at least this is how we are going to have to manage.

OH has interview with homeless section on Thursday ( yeah, nothing like a speedy response when you're officially classed as homeless), and until then we are in limbo.

Just get REALLY peeved when we have tried to cut expenses etc down so that we can try and put some money towards an IPO ( ok, we cant at the moment, but we've TRIED to do the right thing), we seem to be penalised every which way we turn.

This is why I am so determined to fight now, cos we have OTHER assets ie what Punch have and have claimed/ stolen ( which I am sorry but I do consider theft cos Punch were told by us that OR would claim our share but went ahead and took the machine income and kitchen eqt anyway).

We have very little even taking that into account that I am so peeved that the OR would rather take the easy option and literally throw us on the street. Which is what will happen if they pursue the caravan option.

PLEASE can someone advise me to the legality if this happens as surely the OR office are intentionally making us homeless if they seize our van??

I am determined this will not happen

So_Sad_Angel

Hi FP. Try & find receipt for purchase of van (or get duplicate) & evidence that you drew monies for purchase..then present to OR as proof. Also that you have paid ground rent for siting fees for certain period etc Push hard for the `best all round` solution.

Having said that if the local authority housing do look to house you, then maybe this could act in your favour...make sure you look at the bigger picture as this could be a potential to force the issue...just an option.

Not sure of legal position however in terms of cost efficiency I would be surprisesd if OR decide to `reposess ` the caravan!

Nite Hun, Angex

blind-as-a-bat_2

forestpottsy wrote: »

Thank you SSA,

Your comments helped to get me through some dark periods last week, as did others.

It's hard enough anyway for anyone, but I am up here with the kids and dogs and OH is nearly 100 miles away and we are both hating EVERY minute cos a) we are apart and we need each other more now than ever with evrything going off and b) he's missing me and kids and they and me are missing him like crazy.

It's VERY hard but needs must and for the next couple of weeks at least this is how we are going to have to manage.

OH has interview with homeless section on Thursday ( yeah, nothing like a speedy response when you're officially classed as homeless), and until then we are in limbo.

Just get REALLY peeved when we have tried to cut expenses etc down so that we can try and put some money towards an IPO ( ok, we cant at the moment, but we've TRIED to do the right thing), we seem to be penalised every which way we turn.

This is why I am so determined to fight now, cos we have OTHER assets ie what Punch have and have claimed/ stolen ( which I am sorry but I do consider theft cos Punch were told by us that OR would claim our share but went ahead and took the machine income and kitchen eqt anyway).

We have very little even taking that into account that I am so peeved that the OR would rather take the easy option and literally throw us on the street. Which is what will happen if they pursue the caravan option.

PLEASE can someone advise me to the legality if this happens as surely the OR office are intentionally making us homeless if they seize our van??

I am determined this will not happen

Ok forestpottsy all i can think of is that if the OR isnt going after the assetts held by punch there must be a reason so you need to know that reason. If they cant give you one then i see no reason why you cant get them to declare them as exempt property if the OR doesnt want them as that is basicaly the same thing. If you can get them to declare no intrest then i dont see why you cant go after punch for it yourselves, however i get the feeling that wont be easy and you need to make sure there is no legal claim somewhere in any agreemant that allows punch to do this, otherwise it will be a waste of time.

Re the caravan. The OR has a duty to your creditors to maximise your assets to help ofsett there loss in BR. However as they would need to clear say 2K before your creditors saw any benefit from it because of the OR,s charges you could say that siezing your cravan serves no intrest to your creditors vs the hardship it would cause you, unless there are other assetts that would help clear that figure.

One BR used this argument against a trustee who was proved in court to not be acting in the intrest of the creditors, but only himself to cover his costs so the judge ruled against him so the BR ended up keeping or not paying what the trustee was after.

Now i dont know the details and whether it was over liquidizing assetts or some form of IPA and it was a trustee not an OR so whether you may be able to use the same argument against an OR i dont know.

If i remember rightly it was Fermi that posted about the above case so maybe he can remember the details and can comment on whether you can apply it in some way to your situation.

In my view i totaly agree with your comments as your OH OR does not seem to be acting correctly on the face of it, egnoring one set of assets and not another, and wheter any of the above is any use or not you do have the right to complain that you dont feel things are being handled properly or fairly for all concerned and get an explanation why they appear to be doing the above.

The OR,s are over worked and so dont like being questioned so may resist you questioning them but you have a right for them to prove they are acting fairly and properly

forestpottsy

Okay, bad start to today as I can hardly walk after a picture fell onto my foot late last night. :mad:

Corner struck the precise place where I had a bad break a few years back and it immediately swelled up like a balloon. Can walk but only just so no chance of getting to CAB today, although I have found out they also do a 2 hr walk in session tomorrow so will hobble down then.

Thanks for the advice BAAB. I don't want to OR to declare no interest in the assets Punch hold, indeed the Or stated they were claiming the machine floats as assets but Punch went and took them anyway.

I have no interest in claiming anything back from punch, I just wish these assets to be used by the OR instead of just left alone to go after easier targets ie my caravan/home.

I have read today in the leaflet the court sent out "What will happen to my home?":

"The trustee will sell your home if this is the only way to release money to your creditors.

If your husband, wife or children are living with you, it may be possible for the sale to be put off until the end of the first year after your bankruptcy. This gives them time to make other housing arrangements.

After that time if the trustee's interest in the house remains, the court will only refuse an order for sale in exceptional circumstances or if the value of your interest in the property is worth less than £1000"

Surely the last line particularly applies? I know it's not a house but it is still our home at present and hubbys interest in it is only £225? Also, there is another way of releasing money to creditors ie the cash and assets Punch have?

My foot hurts and I'm now giving myself a headache!

Also, I cannot show I drew funds cos I don't have a bank account, I've worked only with cash for a number of years, plus I'm worried hubbys mistake in telling the Or he paid for van out of his wages will count against us.

I just cannot understand that they are trying to seize something worth so little to them but so much to us in real terms.

nuttyp

hi forest potty.

I feel so sorry for you, im lucky as i have a coucil house - its crappy but a home. We have a caravan worth about £400 but the OR didnt want to know about it - (they were in nottingham!!!).

But my OH doesnt have a bank account but they wanted to see my account even tho im BR as well.

At least the weather is nice- its a long holiday. Keep you chin up hunny, and get that HA or council sorting out somewhere for you. And dont take no s**t from them, you are in need and its their job to help you.

Best of luck and lots of ((((((hugs)))))) sandra