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 Help on BR/Tenant in flat
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cashpoor64
Starting Member

United Kingdom
6 Posts

Posted - 04 June 2010 :  09:48:39  Show Profile  Reply with Quote
I was hoping someone could help me with this query. I have an appointment on the 16 June at County Court to hand in my bankruptcy forms. The only debt I have is my mortgage and secured loan. I have a tenant in my flat who has stopped paying in the last month. He is on two months notice and moves out on the 7th July. My question is if I go to court on the 16 June will they want to take the keys and cease the flat immediately? Or will they wait until the 7th July when the tenant moves out? I am wondering if I should move my court date to a month later as I am only one month is arrears with the loan and the mortgage. I would really appreciate it if someone could assist me with this. Many thanks again to everyone on this forum it has been so helpful.x

Richard P
Senior Member



United Kingdom
1701 Posts

Posted - 04 June 2010 :  11:55:48  Show Profile  Reply with Quote
Hi cash poor

I would still go to court on 16th June

your tenant is already under notice to quit the proeprty, so should move out on the correct date.

The OR wont take the keys back that is upto the mortgage company, the OR may assist and facilitate the arrangement.

The mortgage company will take over 3 months of non payment before they consider going to court.

The OR may ask for the rent but you may of already spent it on bankruptcy fees.

so go ahead as planned

regards Richard
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chester2005
Average Member



United Kingdom
786 Posts

Posted - 04 June 2010 :  15:13:13  Show Profile  Reply with Quote
as has been said the OR will take your interest in the property but not the keys.
I would go to court and then send the keys back recorded delaivery to your mortgage provider with a letter saying you are surrendering the property here are the keys.
do not sign any forms that they send you as there is normally a small print clause that states you will accept any shortfall even after BR


Dave

Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurhman)
RevivaUK and Paul Johns helped me through it all i can't recommend them enough!!
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cashpoor64
Starting Member

United Kingdom
6 Posts

Posted - 04 June 2010 :  18:29:25  Show Profile  Reply with Quote
Thank you so much guys, I really appreciate your replies. Have a great weekend.

quote:
Originally posted by chester2005

as has been said the OR will take your interest in the property but not the keys.
I would go to court and then send the keys back recorded delaivery to your mortgage provider with a letter saying you are surrendering the property here are the keys.
do not sign any forms that they send you as there is normally a small print clause that states you will accept any shortfall even after BR


Dave

Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurhman)
RevivaUK and Paul Johns helped me through it all i can't recommend them enough!!

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debtinfo
forum expert



2826 Posts

Posted - 04 June 2010 :  18:36:33  Show Profile  Reply with Quote
Have you taken any advice about bankruptcy and can you confirm that you have no unsecured debts
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cashpoor64
Starting Member

United Kingdom
6 Posts

Posted - 08 June 2010 :  12:29:20  Show Profile  Reply with Quote
Hi,

I have only taken advice off the website and spoken to one financial advisor. No I have no unsecured debt, just the personal loan and mortgage.

quote:
Originally posted by debtinfo

Have you taken any advice about bankruptcy and can you confirm that you have no unsecured debts

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debtinfo
forum expert



2826 Posts

Posted - 08 June 2010 :  18:53:52  Show Profile  Reply with Quote
It is imperative that you get advice quickly, speak to one of the experts on the left hand side. I dont think that the bankruptyc will be accepted as you have no unsecured debts that are due and unable to be paid. The only debts that you do have are secured on the property at the moment
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Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 08 June 2010 :  19:47:26  Show Profile  Reply with Quote
hi cashpoor

as debtinfo has said you need to get some bespoke advice very quickly.

some experts will speak to you in the evenings

good luck.

Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com

Real People ..... Real Debt Solutions
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Daniel Griffiths
Junior Member

United Kingdom
268 Posts

Posted - 08 June 2010 :  21:16:31  Show Profile  Reply with Quote
Hi

It is pointless going to court as the court cannot deal with any secured debts therefore you cannot meet the criteria set out in bankruptcy of not being able to pay your debts because you have none.
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cashpoor64
Starting Member

United Kingdom
6 Posts

Posted - 10 June 2010 :  12:36:49  Show Profile  Reply with Quote
Thanks everyone, I have taken advice - loads, and I am able to go bankrupt as long as I advise the mortgage company I am vountary surrendering my mortgage etc. The load is unsecured and for 29K, so all covered.
quote:
Originally posted by Daniel Griffiths

Hi

It is pointless going to court as the court cannot deal with any secured debts therefore you cannot meet the criteria set out in bankruptcy of not being able to pay your debts because you have none.

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