| T O P I C R E V I E W |
| helpme1974 |
Posted - 04 February 2009 : 15:55:45
Myself and my husband both went bankrupt last year ( both at different times)and we are now at a complete loss as to what to do now.We have not heard anything from our OR at all apart from the initial interview and we don't know where to turn for advice PLEASE HELP !!!!
Our situation is slightly complicated and we need proffessional advice from someone who we feel is on OUR side as so far we just keep on coming up against brick walls!!! |
| 9 L A T E S T R E P L I E S (Newest First) |
| helpme1974 |
Posted - 05 February 2009 : 22:24:02
Hi Melanie,i don't mean to sound ungrateful for all the advice,far from it i really appreciate it, i'ts just that i feel quite desperate i suppose. i will make an apointment with the AOR or the OR and see how i get on, they can't ignore me if i'm infront of them!!!
Thanks again |
| Melanie.n |
Posted - 05 February 2009 : 08:00:58
There is no point at this stage in contacting a solicitor - it is not a solicitor you need, unless you are fortunate enough to find one who specialises in Insolvency Law they will have no more and idea than you and the only advice they will give is that you have to speak to the OR - why pay someone for that advice when you have already received it via the forum for free!
What you need to do if you are not happy with the advice, support and indeed handling of your bankruptcy is to speak to someone other than your Examiner - either the Assistant Official Receiver or Official Receiever direct. Ring up and request that you are put through to either of those, if any difficulty with the admin person onthe phone state that you are ringing with a complaint and if you do not get to speak with either an AOR or OR direct you will be taking it to the Regional Manager - you don't have to actually do this but the thought of the RM getting involved will enforce some action.
Whover you end up dealing beit AOR or OR demand that they fully explain everything to you and answer all your concerns with regard to your situation. Request a face to face meeting as this will give you direct results.
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
01446 711780 |
| RHB |
Posted - 05 February 2009 : 07:08:39
The whole idea of bankruptcty is to start again but it seems as though once you are discharged you will be in the same mess. Maybe it would be better tolet the properties go whilst the shortfall can go into BR? |
| helpme1974 |
Posted - 04 February 2009 : 23:58:57
Thanks Movin on, I will take the advice and try the receivers office again, If they don't help us this time i think i wil have to hire a solicitor.
Thanks again |
| movin on |
Posted - 04 February 2009 : 22:27:18
Hi helpme
You do sound very stressed and upset at the moment. I would take Melanie's advice as soon as you can, and contact your Official Receiver's office. If you are too scared to make the initial call, maybe you could email them. The email adress with be on all letters of correspondance from them.
Please call and let us know how you get on.
Take care
Onwards and Upwards is the way im going :-0)
From "Moneyworries" to "Movin On" in 3 months is fantastic :-))
xx |
| helpme1974 |
Posted - 04 February 2009 : 20:35:49
Thankyou Melanie for your reply,
We have never heard of the letter regarding the beneficial interest.We did contact the examiner regarding which way we should turn but she replied " we are not an advisory service ".We have not paid any money to any creditors. We are in negative equity in all of the properties. The house we live in has the most arrears and all of the properties were included on the forms when we filed for bankruptcy.
Do you think we should hire a solicitor to guide us through this mess?? Either we were misinformed by certain companies before we went bankrupt or this silence from the OR is normal? |
| Melanie.n |
Posted - 04 February 2009 : 20:07:35
Hi there - the best advice I can give you is to get in touch with your Examiner in the Insolvency Service asap. If you have fallen into arrears with your secured loans you run the risk of the property/ies being repossessed. When you initially completed the forms to file for bankruptcy did you included all your properties? What was the position with them at that point, any equity? what advice did the OR give you with regard to the properties? What about your home was their equity? if yes, have you been issued with notice of the OR's intention with the property ie notice to sell? or if the property was in negative equity have you been given a letter with regard to the beneifical interest?
I am a bit concerned as to your statement '...we can afford to pay creditor's...' this is something you must not do - as you are banktrupt you are unable to pay any unsecured creditors direct (excluding household utilities)
Please, please I cannot stress this enough, get in touch with your OR to discuss matters as soon as possible
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
01446 711780 |
| helpme1974 |
Posted - 04 February 2009 : 19:41:36
HI thanks for the reply, basically, my husband lost his business when he went bankrupt and was unemployed for a while so we couldn't pay the mortgage or two other secured loan we have. My husband has now got a job and we can afford the mortgage but not the secured loans. We have worked out that we can afford some money to pay creditors and as we haven't heard from the OR we feel we have to take matters into our own hands. Has anyone heard of a Fast track voluntary arrangement?? Or should we just let every thing go? We also have 3 other properties which are buy to let. Can we approach the OR with our plan?? Even though they are not very communicative with us.We did get advice before we went bankrupt and no one told us that secured loans were not included in the bankruptcy.We were also told NOT to pay any of our creditors hich we havent done apart from utilities and C Tax.We feel so alone and my mental health is suffering severely. We thought we would be released from this nightmare when we were made bankrupt but it now seems to be getting worse and we are wondering what we went bankrupt for. |
| RHB |
Posted - 04 February 2009 : 16:36:23
One for the help line by the sounds of it. What is complicated about your situation? |
