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 housing
 form 6.83 section 238a
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johns
Junior Member



United Kingdom
269 Posts

Posted - 12 July 2011 :  11:43:27  Show Profile  Reply with Quote
Went bankrupt on august 5th 2008 and today i have recieved the relevant form and the letter simply says

Please find enclosed form 6.83 giving notice on the property and it falls within section 238a of the insolvency act 1986.

Rather than contact them i could do with some advice and does this mean they will go for eviction before the third anniversary


















Bigal4787
forum expert



United Kingdom
641 Posts

Posted - 13 July 2011 :  15:51:12  Show Profile  Reply with Quote
Hi,are you sure it's sect 238a, as that is to do with transactions at an undervalue.

I think the document you have is what the OR calls a BHNOT, which basically is a letter that goes out to all parties involved in your bankruptcy, informing them that the OR is trustee of your bankruptcy estate, and that the OR as trustee should be consulted regarding anything to do with the property, it doesn't necessarily mean that they're going to evict you, the only ones that can do that is the mortgage provider.

Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.

If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
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johns
Junior Member



United Kingdom
269 Posts

Posted - 14 July 2011 :  11:56:24  Show Profile  Reply with Quote
quote:
Originally posted by Bigal4787

Hi,are you sure it's sect 238a, as that is to do with transactions at an undervalue.

I think the document you have is what the OR calls a BHNOT, which basically is a letter that goes out to all parties involved in your bankruptcy, informing them that the OR is trustee of your bankruptcy estate, and that the OR as trustee should be consulted regarding anything to do with the property, it doesn't necessarily mean that they're going to evict you, the only ones that can do that is the mortgage provider.

Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.

If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"


its definently says 238a section 6.83 does it mean they have to apply to the mortgage company and guaranteed lending on the property, the form attached states that the have to serve the notice prior to the third anniversary of my bankruptcy no later than 14days before, it is the original form from 3 years ago and if they force a sale their will be very little equity as a forced sale will decrease the value.

Appreciate your comments
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johns
Junior Member



United Kingdom
269 Posts

Posted - 14 July 2011 :  13:19:24  Show Profile  Reply with Quote
quote:
Originally posted by johns

quote:
Originally posted by Bigal4787

Hi,are you sure it's sect 238a, as that is to do with transactions at an undervalue.

I think the document you have is what the OR calls a BHNOT, which basically is a letter that goes out to all parties involved in your bankruptcy, informing them that the OR is trustee of your bankruptcy estate, and that the OR as trustee should be consulted regarding anything to do with the property, it doesn't necessarily mean that they're going to evict you, the only ones that can do that is the mortgage provider.NOW have the notice in front of me top reads








rule 6.237 notice to interested parties of a dwelling housefalling within section 283a of the insolvency act 1986.

And it states that the last day they are able to serve notice is 21st July 2011.

Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.

If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"


its definently says 238a section 6.83 does it mean they have to apply to the mortgage company and guaranteed lending on the property, the form attached states that the have to serve the notice prior to the third anniversary of my bankruptcy no later than 14days before, it is the original form from 3 years ago and if they force a sale their will be very little equity as a forced sale will decrease the value.

Appreciate your comments






































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johns
Junior Member



United Kingdom
269 Posts

Posted - 14 July 2011 :  13:31:40  Show Profile  Reply with Quote
sorry it is 283a!
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Bigal4787
forum expert



United Kingdom
641 Posts

Posted - 21 July 2011 :  19:15:36  Show Profile  Reply with Quote
Hi,
as it said, the last date anyone could serve notice on you to force a sale etc was today, as I presume they haven't then if jointly owned the BI re-vests back to you, if solely owned, then the BI and legal title re-vest back to you.
Give it a while then check on land registry if it has or not.

Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.

If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
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