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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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Ste.S - Thanks for posting that. It sounds a very difficult situation and I don't really have any answers except to say you need legal help! Please phone one of the free debt charities (CCCS or NAtional Debtline - phone numbers on first page of BR forum). Don't phone anyone who charges for advice - the advice they give will be what is going to earn them more money. Debt charities are impartial.
Also, it is very important to remember that this is all just debt - your life and the life of your friends and family is what matters, nobody can take that away from you. Debt is only debt.
Good luck and keep posting, hopefully someone will come along with some good advice for you.
:j :j
0 -
why challenge the eviction if you were leaving anyway?
just wondered...
you know something?
sometimes its best to walk away from a fight0 -
Hi
Sorry to hear about you predicament!! If i'd got a chance i'd have faught tooth and nail for my house so i unerstand the attatchment.
Are you saying you got bad advice? If so approach the FSA they might be able to tell you wether you have a case against them, if they open a case then i'm guessing that'll help your case. Get some good advice like they say it's free.
Good luck
JoBANKRUPT 30/01/07
Discharged 30/7/07
yay Bsc no 1540 -
im only fighting the eviction due to the under hand tactics of the trustee,when they got possesion the property had some equity but a emty house on a council estate is a magnet for vandalism,because the damadge cause to the property has meant that if the property was sold we would still owe a lot of money out.
another reason for fighting the eviction is now the property market is dropping we would find it nearly impossible to get back on the property ladder,i feel that this debt that the council are saying i owe has been handled the wrong way,i have proved that i was exempt and they have found the paper work,in total i think i might owe £2k,for a £2k debt i would have been homeless if it was not for help from friends.
even at £4k debt it has cost me my house which was valued at £110k and a marker on my credit file for life.
i have tried speaking to the cccs hot line and they say it is two technical for them and find a solicitor,we truelly cannot effort a solicitor as we are having to pay rent and the morgage,if we dont pay the morgage then the lender will take the house,it is really a no win situation but i will keep fighting until the very end,i may lose my house but at least i can hold my head up and say i tried.
ill try the advise numbers on this site as i might help many thanks0 -
I know how you feel, I can understand your feeling sof hurt, etc, but can I just say one thing?
lifes way too short
your bankrupt anyway it cant BE any worse, walk away from it, let it go, it will be hard for a while, after a year or so you will be happier and it will be history.
how would you (as BR's) get back on the property ladder anyway?
your paying rent AND mortgage? why, and how? on a repo'd house?
it doesnt make sense to me!0 -
becuase the trustee handed over possesion to the morgage lender the lender was going to forclose on my morgage if i could not clear the arrears,as a result of this i have had to go back to work,i currently work 7days a week plus work as a takeaway driver at weekend just to keep my head obove water.
i know lifes to short but ive just got to try and save me house.0
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