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 If the official receiver has a charging order over a property since 02/1994
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John.dn
Starting Member



6 Posts

Posted - 23 April 2012 :  17:48:43  Show Profile  Visit John.dn's Homepage  Reply with Quote
If the official receiver has a charging order over a business property dated 02/1994, should this property now be returned to me?

debtinfo
forum expert



2826 Posts

Posted - 23 April 2012 :  17:51:53  Show Profile  Reply with Quote
why would you think that?
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debtinfo
forum expert



2826 Posts

Posted - 23 April 2012 :  17:52:37  Show Profile  Reply with Quote
can you give a few more details reagrding the circumstances
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John.dn
Starting Member



6 Posts

Posted - 23 April 2012 :  19:38:47  Show Profile  Visit John.dn's Homepage  Reply with Quote
quote:
Originally posted by debtinfo

can you give a few more details reagrding the circumstances



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John.dn
Starting Member



6 Posts

Posted - 23 April 2012 :  19:43:04  Show Profile  Visit John.dn's Homepage  Reply with Quote
the property was sold as 3 lease hold flats and I retained the free hold. The official receiver got a charge on the free hold but has not done anything about it. My understanding at the moment is that if they havent sold the asset within 3 years then the asset returns to the owner, is this not the case?

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Viki.W
forum expert



United Kingdom
2211 Posts

Posted - 23 April 2012 :  19:53:44  Show Profile  Reply with Quote
No, that's only for your home that you live in, not any other property.



Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
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debtinfo
forum expert



2826 Posts

Posted - 23 April 2012 :  19:57:04  Show Profile  Reply with Quote
As viki says, your property would not be classed as your "family home" rather a business property and so the 3 year rule does not apply
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John.dn
Starting Member



6 Posts

Posted - 23 April 2012 :  20:04:42  Show Profile  Visit John.dn's Homepage  Reply with Quote
I have been quite confussed because of a news report concerning a business man who owned a pier when he went bankrupt and he tried to get the peir back because the official receiver had not dealt with the asset within the 3 year period. Yhe responce by the Official receiver was that they had sold it the welsh heritage or some aimular organisation. But thank you for your help.



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John.dn
Starting Member



6 Posts

Posted - 23 April 2012 :  20:07:37  Show Profile  Visit John.dn's Homepage  Reply with Quote
Sorry for all the typeing errors lol.

PS I thought the responce by the official receiver was confirming that he would have had a case if they had not sold the peir.

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debtinfo
forum expert



2826 Posts

Posted - 23 April 2012 :  20:11:51  Show Profile  Reply with Quote
maybe he was living on the pier and it was his family home?
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John.dn
Starting Member



6 Posts

Posted - 23 April 2012 :  20:21:26  Show Profile  Visit John.dn's Homepage  Reply with Quote
Not sure but I done think it was likely as it is almost derelict, the local counsil was trying to get lottery funding too bring the peir back into use. Not sure what was going on but that case and the fact that I have just received a letter from the lease holders to buy the freehold set me thinking, howevere it sounds like there is no point in me getting involved after all this time but thanks for there help. John

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