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T O P I C    R E V I E W
jenny Posted - 10 January 2009 : 19:05:04
can somebody please give me some advice, my oh went bankrupt in august 2008,he has just been offered early discharge, great for him but as all debts were in ohs name except motgage, and secured loan,i then became liable for all utility bills, council tax etc, which at the time were in arrears, so i then had to make arrangments to pay them,oh became quite poorly in 2008 which was the start of our problems i then injured my back which resulted in me having to give up my well paid job, we have just managed to get benefits sorted out just before xmas, first time ever in our lives had to claim income support, and incapacity, we have ppi on our mortgage but they have refused to pay out on oh saying it was pre existing condition, have tried to appeal but no joy there, they have made spasmodic payments towards mine,i had missed 3 payments on our secured loan and they took us to court in dec for repossession, i agreed with the judge to make a payment each month,and also a little of the arrears, now that the benefits had been awarded, however the loan company has now sent us a letter informing me that they are going to charge us £120 while the account is in arrears that is more than our monthly payments and the extra payments together, so i have now come to the end of the line and made an appointment to go bankrupt myself early feb.i have the following questions
1, if i miss the next payment to the loan company can they just come and throw us out or send in the baliffs.
2, going to move middle of feb and hand in the keys to the mortgage company is that enough time or would it be better to hand the keys in before bankrupcy.
3, as we are going to be moving out of the area would the or have a problem with that as hopefully if i have timed things right it would only be a few days after the hearing
the only debt i have is the current utility ones,the secured loan, and the shortfall on the mortgage, i thought i could manage to pay things and struggle through, but now realise that its impossible and rather than get any deeper in debt want to sort it now, any advice would be gratefully recieved
1   L A T E S T    R E P L I E S    (Newest First)
Reviva UK Posted - 10 January 2009 : 19:28:17
Hi

Really sorry to hear about your situation, however you both have a good oportunity to clear the decks and move on with a much more affordable home.

at this point these is no rush in handing the keys back, ther mortgage company already have a posession order and the next steps for them would be to apply for a reposession order and then ultimately an eviction notice.

this could easily take until March to achieve.

Focus on getting things sorted for yourself first with the new home, court documents etc, then you can post the keys back after you have moved.



Paul Johns
Assisted Bankruptcy Specialists
Reviva UK

Real People ..... Real Debt Solutions
www.revivauk.com

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