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| goingunder |
Posted - 01 February 2009 : 23:18:20
Hello I will be going bankcrupt shortly, and will leave my mortgaged home and move into rented accomodation. I bought the house in Sept 2007 and have spent a lot of money improving it, as it was a shell when i bought it. I was wondering if there were any 'rules' on what i can take with me? For example, a put in a new boiler and a new fireplace, can these come with me? Carpets, light fittings, new kitchen with integrated appliances? Any feedback would be welcome.
The rented property needs a little work, and could do with the carpets, and if i could sell any of the other things, it would help greatly with buying new appliances etc. Also could i take my alarm system from here and fit in my rented house?
Thanks! |
| 5 L A T E S T R E P L I E S (Newest First) |
| RHB |
Posted - 03 February 2009 : 07:11:51
But if you remortgaged to do the improvements????? |
| Reviva UK |
Posted - 03 February 2009 : 00:01:33
I suspect that the criminal damage would come from leaving taps running, bare wires exposed, taking down walls so that the property is unsafe.
Interesting what you see sometimes
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
Real People ..... Real Debt Solutions
www.revivauk.com |
| go_4_broke |
Posted - 02 February 2009 : 12:04:39
Interesting point.
I think the key to it probably lies in what is considered to have been legally charged under the mortgage, and so becomes the property of the mortgage holder in possession.
My suspicion is that it is probably the property as it was when you bought it, so any subsequent additions you make would not be included. However you are probably then obliged to leave it in roughly the same state as you bought it, so removing an entire kitchen might be a bridge too far unless you relaced the old one. Taking the appliances is probably fine though.
Selling your bits and pieces to fund moving into your new place is sounds fine, in fact it is probably a good idea, as if you didn't sell them the OR would want to for the benefit of your creditors.
I can't see how you can be liable for Criminal Damage unless you absolutely trashed the place out of spite, which undoubtedly is what some people do.
Best Regards |
| Skippy |
Posted - 02 February 2009 : 10:58:20
Roger, please can you clarify this - if I was to give up my home for reposession why couldn't I take my lights providing I left normal fittings? The same goes for my fireplace - I have a receipt for it, so providing I made good why couldn't I take it?
This is a hypothetical question as I'm not planning on doing any of this!
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
20 IPA payments made, 16 to go - on the home straight! |
| roger99 |
Posted - 02 February 2009 : 10:29:46
be very careful here ,although you will say that you put the items in if you remove them from what is effectivley no longer your property you could be charged with criminal damage by the mortgagee. A police matter.Of course as any debt is being written off under br a further increase in the debt owed because of deficiencies will not matter. However remember lenders are looking to make examples, don't be one of them. |
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