I was made bankrupt on the 13th November 2009..... Which I wasn't made aware of until the OR rang me as I failed to attend there appointment in dec 2009.
The reason I wasn’t aware that I had been made bankrupt is that I was paying the debt back to the creditor who filed for bankruptcy!?
Here is where it gets confusing, the debt is for £3500 with a credit card taken out over 2 years ago regular payments were made up until just over a year and half ago when for health reasons I was unable to work and did not claim any benefits as my partner was supporting me (yes in some ways I buried my head in the sand!)
I returned to work in Aug 2009 and started to make arrangements with my creditors including the debt of £3500. I set up a direct debt with the company acting on behalf of the creditor (once I had contacted the main creditor and they had given me the debit recoveries contact details).
When I contacted the recovery agency they asked me to verify my address. The address they had for me was not that of my current address and I had never lived there when I had taken out the credit card? (The address they had was that of my parents, whom I hadn’t lived with for over 6 years and have no contact with) They did have address details of my property at which I live but only to say that they were aware that I was on a mortgage on that property. I told them that they had the wrong address and to contact me at the correct address. At the same time I set up a payment scheme of £100 a month.
Two payments were made to the recovery agency one at the end of September and the next at the end of Oct. Then on November 13th 2009 they went to court and made me bankrupt!! No contact was made with me via post or telephone with regard to the proceedings. I have since found out they had sent correspondence to my parents address.
They then carried on taking payment at the end of November. (I have these all on my statements)
The OR rang me on my mobile at work (The recovery agency had given them my contact details!) 2 weeks before Christmas with the good news!! To say I was shocked would be a under statement!! They were very helpful and understanding. I explained to the OR everything above, but she said I would still need to attend an appointment with them but nothing would be done until then.
I contacted CAB right away and told them everything. They told me to wait and see what the OR said in the interview.
The OR told me that I would not be able to have the bankruptcy annulled as I would have to prove that the judge did not follow proper steps?…….. Which means nothing to me? Help Please………
Apart from having a mortgage with my partner I have no savings and no car. I have a basic bank account that I have had for years. I have my wages paid into this account and my DD paid. I have never been overdrawn as it is a basic account with only a cash card no debit card or cheque book.
I contacted HSBC right away to make sure I would still be ok to use the account as my living account. They told me this was fine.
Anyway getting to the point of the bank account, today 10th March I went to withdraw £10 from my account via a cash machine and it with held my card.
I rang HSBC right away and the told me they have taken my card as they have had a letter from the OR telling them about my bankruptcy. The women on the phone read the letter out to me in which it said that they were writing to inform them I had been made bankrupt but this account could be left open as it was used for my day to day living.
So sorry to waffle on and I no I’m not the only one out there who is going through bankruptcy. I am so run down by this mess I can’t sleep or think of anything else. What can I do to get my money? Where can I have my wages paid? I’m not sure what to do about the house, will my partner be ok to take my half? Do you no if I have a case against the recovery agency as I have proof of payment before the order was made and proof of correspondence going to the wrong address. It seems so unfair as I was making payment!?
welcoem to the forum sorry to hear about your Xmas present !
firstly open up a COOP cashminder account they are Br friendly. your wages can be paid into that account.
stop paying ANY OF THE CREDITORS who have formed part of your bankruptcy.
If you have the money to clear your debts (silly point) you can have your bankruptcy annulled.
Hubby will not be looked at by the OR so hopefully you should be fine, equity within the house may be an issue but that is dealt with later down the road
I do not think that you really have a case against the creditor. (sorry),
when are you scheduled to meet the OR as this should out your mind at rest?
Can you help? PLEASE
Posted - 11 March 2010 : 04:53:01
