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| bearsndogs |
Posted - 22 March 2013 : 16:18:37
. . . to whom I can complain regarding how my bankruptcy was handled?
I've not been on here for a while, but some of you will have seen posts on how the Trustees finally "stabbed me in the back" regarding the house sale.
We have now moved into another house and the bankruptcy side of things has now, presumably, been dealt with, although I have yet to receive final communication from the Trustees on this.
I wonder, therefore, if there is a governing body (like the Law Society for legal complaints - yes, we will be writing to them too!) that I can contact regarding, which I consider to be, the gross mishandling of my bankruptcy.
Thank you.
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| 3 L A T E S T R E P L I E S (Newest First) |
| Niobe |
Posted - 24 March 2013 : 15:39:21
I hope you get sorted out sooner rather than later. If you are not happy there is nothing to stop you from making a complaint.
Do let us know how you get on. |
| Richard P |
Posted - 24 March 2013 : 14:54:20
Hi Bearsndogs
sorry to read of the predicament and No i have not read all of your postings so some of what i am typing may repeat other comments and appear a little to the point but my aim is to try and help with points to help you move forward.
when you petition for bankruptcy you are given a chance to swap a new you for the old you, when the judge makes you bankrupt you are exchanging all of your liabilities for all of your assets.
when a creditor makes you or a partner bankrupt they would have normally tried all avenues to obtain the payment of the debt before going to the court and asking to make you bankrupt.
A trustee or the official receiver has certain legal requirements placed upon them
1) provide your creditors with a report on how the debt incurred
2) release the monetary value in any assets to pay a contribution to creditors.. they do have certain exemptions tooling for work , clothes, cars.
3) review your income and expenditure to see if it is appropriate that once reasonable living expenses have been taken into account for you to make a monthly contribution to your creditors this last 3 yrs and is called an IPA (income payment agreement).
A property is considered an asset, any equity contained within a property is pressumed to be equally shared between the named mortgage holders. this creates a massive problem if one of the parties goes BR and the other does not. detailed acounts and transactions would have to be shown to successfully argue anything other than 50%.
the next question is what is an asset worth ? I would argue that in the current market and requirement for the property to be sold quickly the value would significantly decrease.
The OR / Trustee has a time frame to deal with the transaction, they will move the process along quite quickly, if they are not receiving significant or non emotional arguments. They will take a desk top valuation based on other property sales in the area, very rarely would they pay for a valuation
like all Official organisations they have a governing body and with every walk of life you will find good and bad trustees. the governing body will review your case but ultimatly if you are believed to have significant equity with the property they will be instructed to release that equity.
if i doubted their valuation of my property I would be finding documentary evidence to support my claim. I have even put properties on the market to show that the OR is wrong.
At the end of the day it is upto you / the trustee to convince a judge that your version is correct
I would also be visiting my local housing association / council and have plan B ready.
These issues can sometimes roll on for a number of years
Good Luck Richard,
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| Niobe |
Posted - 23 March 2013 : 10:52:11
Hi,
I doubt you will hear from the Trustees as the discharge will go through automatically and you won't hear anything from them unless you have an IPA.
If you haven't yet been discharged then keep an eye on the register after the date and once it shows that you've been discharged print that off as you may need it at a later date and it costs if you have to get it through the courts.
As regards your trustee:
http://www.bis.gov.uk/insolvency/contact-us/Complaints%20Procedures/How-to-complain-about-an-IP
Have a look at this link. Hopefully it will help. |
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