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the bankruptcy from hell
ste.s
Posts: 6 Forumite
well just found this site and looks good good luck to all in bankrupcy,my story feel free to help.
i was made bankrupt for £4147 council tax back in may 2005 along with my partner for the same debt(original debt £4147 bankruptcy order was £8294 being two separate orders but one debt),well we never recieved the paperwork for the hearing just a letter to meet the OR,well the meeting we stated our case as i did not live in the country and my partner was living elsewhere,due to the bankruptcy i moved back to the uk so that i could sort the misunderstanding out.
an insolvency practioner contacted me in writting stating if i own a property they could help me keep my house,we i phoned him he said he could help and a meeting was set up to try for an IVA,unforgently this was turned down,so we were told just remorgage for £14k,there was a problem with this as the only lenders were basically legalised loan sharks plus the structure of the house meant there was limited lenders,we explained this to the IP who for some reason was now assigned as our trustee they said no prolem but stay away from certain companys as we would lose the house and sent me a list of people we could contact,well i had to come out of work due to depreeion which resulted in me trying to take my life on several occasions,this did not help as i needed to work to show wage slips(im a self employed electrian so depression not good).
well i found a bloke ho could sort a morgage out due to the structure and discharged bankrupts it was hard,i contacted the trustee to update them now the figures were £62k,so i contacted the morgage bloke and told him the trustee needs in total including the morgage £82k,the trustee applyed to the county court for possesion,unforgently there was a postal strike and we were only waiting for the offer to complete the remorgage,well the judge on the day (5th nov 07) was under standing we had the offer in princeable but not confermed,the other solicitor stated that they needed £95k(100%) equity,well the judge looked at our case and unforgently could not ajuirn to allow extra fundsthe judge was fair to as we could not effort a solicitor possesion was given for the property to be vacated by the 3rd dec 07(a nice xmas present for us),well we vacated and found somewhere to rent at £575 mth ower morgage was only £270 mth.
in jan 08 the trustee decided to give up possesion to ower morgage lender who contacted me as i kept the updated to what was going on as the trustee never told them of there intention,after numerious phone conversations the morgage lender they gave me back the property.
this did not please the trustee so they went for eviction,as we left the property on the 17th of nov 07 there was no need for this,i decided to fight them in court so i appealed the eviction,due this the judge was presented with evidence that the trusste had obtaind a standard charging order on the property,under the enterprise act this was against human rights acts.
well the DDJ judge was not convinced about the enterprise and insolvency act and gave them the eviction,as a result i appealed about his decision filied the paper work last week.
the 3rd yr anaverary is 23may next week so we should get the house back if not then they will use other tactics.
have a read any advise greatfully needed and comments exepted.
good luck to all and i hope you never go through nearly 3yrs of hell,always hold your head high as bankruptcy does not give you a banner to carry around.
i was made bankrupt for £4147 council tax back in may 2005 along with my partner for the same debt(original debt £4147 bankruptcy order was £8294 being two separate orders but one debt),well we never recieved the paperwork for the hearing just a letter to meet the OR,well the meeting we stated our case as i did not live in the country and my partner was living elsewhere,due to the bankruptcy i moved back to the uk so that i could sort the misunderstanding out.
an insolvency practioner contacted me in writting stating if i own a property they could help me keep my house,we i phoned him he said he could help and a meeting was set up to try for an IVA,unforgently this was turned down,so we were told just remorgage for £14k,there was a problem with this as the only lenders were basically legalised loan sharks plus the structure of the house meant there was limited lenders,we explained this to the IP who for some reason was now assigned as our trustee they said no prolem but stay away from certain companys as we would lose the house and sent me a list of people we could contact,well i had to come out of work due to depreeion which resulted in me trying to take my life on several occasions,this did not help as i needed to work to show wage slips(im a self employed electrian so depression not good).
well i found a bloke ho could sort a morgage out due to the structure and discharged bankrupts it was hard,i contacted the trustee to update them now the figures were £62k,so i contacted the morgage bloke and told him the trustee needs in total including the morgage £82k,the trustee applyed to the county court for possesion,unforgently there was a postal strike and we were only waiting for the offer to complete the remorgage,well the judge on the day (5th nov 07) was under standing we had the offer in princeable but not confermed,the other solicitor stated that they needed £95k(100%) equity,well the judge looked at our case and unforgently could not ajuirn to allow extra fundsthe judge was fair to as we could not effort a solicitor possesion was given for the property to be vacated by the 3rd dec 07(a nice xmas present for us),well we vacated and found somewhere to rent at £575 mth ower morgage was only £270 mth.
in jan 08 the trustee decided to give up possesion to ower morgage lender who contacted me as i kept the updated to what was going on as the trustee never told them of there intention,after numerious phone conversations the morgage lender they gave me back the property.
this did not please the trustee so they went for eviction,as we left the property on the 17th of nov 07 there was no need for this,i decided to fight them in court so i appealed the eviction,due this the judge was presented with evidence that the trusste had obtaind a standard charging order on the property,under the enterprise act this was against human rights acts.
well the DDJ judge was not convinced about the enterprise and insolvency act and gave them the eviction,as a result i appealed about his decision filied the paper work last week.
the 3rd yr anaverary is 23may next week so we should get the house back if not then they will use other tactics.
have a read any advise greatfully needed and comments exepted.
good luck to all and i hope you never go through nearly 3yrs of hell,always hold your head high as bankruptcy does not give you a banner to carry around.
0
Comments
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I must admit, I know very little about property, so all I can say is good luck for next week.
BSC #53 - "Never mistake activity for achievement."
Consumer Credit Counselling Service (CCCS)| National Debtline| Business Debtline| Find your local CAB0 -
Hello and welcome.
Know nothing about property but must say sounds like you have had 3 yrs of hell. Good luck for nxt wk.DFree impartial debt advice available from: National Debtline - Tel: 0808 808 4000 | The Consumer Credit Counselling Service (CCCS) - Tel: 0800 138 1111 | Find your local Citizens Advice Bureau
Laugh at yourself and others laugh with you.Laugh at others and you laugh alone. BSC No 107:D0 -
thanks to u both im just now playing the waiting game forgot to say the property was valued at £110k due to the trustee not managing the property it has been broken into,set on fire and not in a condition for a morgage.0
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p.s
please anyone feeling depressed over bankruptcy do not try taking your life and speak to someone,i did not and this caused majour problem.
theres an old sayiny theres someone out there worst off then your self.0 -
Yes totally agree but sometimes people get that low the don't always think straight.
Think this site has saved many from doing just thatFree impartial debt advice available from: National Debtline - Tel: 0808 808 4000 | The Consumer Credit Counselling Service (CCCS) - Tel: 0800 138 1111 | Find your local Citizens Advice Bureau
Laugh at yourself and others laugh with you.Laugh at others and you laugh alone. BSC No 107:D0
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