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 bankruptcy postbag for july
 Bank want charging order

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T O P I C    R E V I E W
Worried Essex Posted - 24 July 2008 : 16:56:49
Hello. I was declared bank rupt on 24 June 2008. I have met with OR. Everything is progressing. Today, I have received a letter from the Solicitors acting for one of my creditors, Barclays Bank plc. They are trying to get a charging order on my property, my family home, even though I have been declared bank rupt. Is this possible? Can they do this? It was not secured lending, but I did offer a personal guarantee. Help!!!
5   L A T E S T    R E P L I E S    (Newest First)
Suzanne Posted - 25 July 2008 : 10:54:58
Hi

Don't worry even if they do manage to get it through it would be invalid and would be overturned.

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
Ian Richards Posted - 25 July 2008 : 08:33:30
Hi worried

No, you dont have to do anything other than pass on the details to your OR.

Ian
Worried Essex Posted - 25 July 2008 : 08:27:53
Thanks for the advice, appreciate that. They have actually got an intermin charging order dated 21 July, even though I was bankrupt on 24 June. The hearing is set at Watford Court for 15 September, do I need to write to the Court as well as the Creditor and OR?
Helpful Advice Posted - 24 July 2008 : 19:54:12
Hi Worried Essex,

As Assist says they can not enter a charge over the property after you have declared Bankruptcy so either contact the OR and let them contact the creditor or contact the creditor giving them the OR's details.


Kind Regards,

Brett England


Bankruptcy Specialist

England,Jackman & Spacey

WebSite www.ejands.co.uk


View my personal story & blogs at:

http://brettengland.blogs.bankruptcyhelp.org.uk/
John Posted - 24 July 2008 : 19:38:13
Hi
the bank cannot place a charging order on your property. Refer the matter to the examiner dealing with your case.

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