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| T O P I C R E V I E W |
| iceblade |
Posted - 05 August 2008 : 21:30:11
in 2005 march my tenents (man and wife) went bankrupt and there trustee in bankrupty brought me and my company to court as it was held in my company name which is in the BVI,and they had no idea of who owned the property and they stated that the tenents man and wife owned the house.
my solictors disclosed that i was the benifical owner i had brought this house with the company name from the pervouis owner to avoid stamp duty, the property was brought by me in 2003 and agreed paid afair price.
The pervoise owner is not the tenents who went bankrupt, all this has been disclosed to them, they have a statment that they say is one of the bankrupts it is not in his name it is in the owners son name (they say that the bankrupt and the owner of the house son is the same person)and it is paying a loan to clive and benson but for what it dose not state, the periovise owner provide me with his bank statment for payments he made from his account for the mortgage which i disclosed,but as i did not obtain the mortgage statments from the pervuise owner the judge gave them deem to amit that these were the payment paid for the house, the case is carry on ,
my lawyer has informed me that they are carring on with the case to get they cost back, it has now been over two and a half years, we have been given a date for trail in October 2008, The pervoise owner is unable to make this date due to illness as he is under going treatment, and has a doctors cerificate confirming that he is unable to travell, his treatment should end and be well for travell late April, I have other witness's that need to arrange travell and visa's as me and my family and the pervouse owner are from the middle east.
I have had few different lawyers working on this case and at one time defended it myself. if the date for the trail is moved to april 2009
first of all would the court allow me to change the court date trail to april 2009
if the case is moved to april 2009 would the trustee have any rights to claim any of the property as it would be over the three years since the bankrupcty.
if we have to go to court in October do we have the right to appeal and on what grouds can we do so. I have an interested buyer in the property now the equity I have is 47,000 I know the trail is going to be costly and I do not know if I should come to agreement for him to take his costs,and hopfully leave me something the property has been devalued due to it being left unoccuipied for over two and a half year, it has been entered and vandilied over 20 times all been recorded with the police.
I have lost more than money with this situation, I would be gratfull for any free advise you could give me.
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| 4 L A T E S T R E P L I E S (Newest First) |
| iceblade |
Posted - 07 August 2008 : 17:16:31
I have also disclosed the full company documents which show all shareholders which is not the bankrucpt. thire orginal application stated that the bankrupcts man and wife was the benifical owners, I have disclosed the pervious owner details of this company and the true owner was witness by a UK solictor with a copy of his passport cerifield by this solictor.This solictor has passed away. |
| iceblade |
Posted - 07 August 2008 : 17:04:56
the trustee did contact the bank to inquire what the loan was for but the Bank can not release any information to them as the loan is offshore not in the uk, |
| Suzanne |
Posted - 07 August 2008 : 16:39:57
Hi
I am very confused. Surely they are able to find out what the loan is for by contacting the lender and asking for the information. They have the power to do this as Trustee.
It sounds a bit unusual to me that the Trustee would go to all this expense on a whim if they didn't have all the evidence to back them up.
Can your tenants son not provide his loan application and statements for you to prove it is not in payment for the house. Also if the property is in your companies name, don't you have company documents that show who the shareholders are, as this would also show that your tenants are not part of your company.
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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| Needafriend |
Posted - 06 August 2008 : 16:20:47
Hi and welcome
I cant answer your question, but hang on in there and one of the experts or other members on here should be able to point you in the right direction soon.
While your waiting try reading some of the other posts on here they may be able to get some of the other questions you have been thinking about answered.
Take Care & Good Luck
Jo
"There is light at the end of the tunnel, if you cant find it, get a brighter torch!" |
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