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Dele45
Starting Member
5 Posts |
 Posted - 09 June 2012 : 16:40:41
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I was discharged from bankruptcy in March 2011. My 3 buy to let properties were handed over to the bank who collect the rents. I have no dealings with the property since my bankruptcy. There is no equity on them. However this year the management companies have taken me to court for service charge and ground rents after bankruptcy. How can I defend myself?
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year 2029
Average Member
590 Posts |
Posted - 10 June 2012 : 10:58:49
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I would have thought, that if your properties were handed over to the banks, the service charges would have gone to them too.
Were your properties taken back under an LPA?
Did you have service charge arrears when filing for bankruptcy?
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Views expressed are my own personal views, based on what has happened during my own BR process unless otherwise stated.
Professional advice should always be sought. |
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Dele45
Starting Member
5 Posts |
Posted - 12 June 2012 : 19:12:35
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I handed the properties back before the interview with the official receiver. what is LPA? I did not have service charge arrears when filing for bankrutpcy the charges were all after bankruptcy.
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year 2029
Average Member
590 Posts |
Posted - 26 June 2012 : 21:56:44
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Hi Dele45,
LPA is a law of property act receiver. Quite often they take over rental/buy to let properties on behalf of the lender.
I'm not sure how you've acrued arrears if the lenders were collecting the rents, and you'd handed them back?
How did the OR/trustee deal with the properties?
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Views expressed are my own personal views, based on what has happened during my own BR process unless otherwise stated.
Professional advice should always be sought. |
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Dele45
Starting Member
5 Posts |
Posted - 06 July 2012 : 23:15:39
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The OR left the properties for the mortgage banks to deal with, there are no equities in them. The mortgage banks collects the rents and put in tenants but the management companies keeps sending me the service charges and ground rents invoices despite telling them about my bankruptcy and that I have no legal interest. Now they have taken me to court, in fact recently one of them got a court judgement against me. I do not know how to deal with them, they state that my banruptcy is over. There are 2 cases in court at present. I have not had any dealings with the properties since my bankruptcy.
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year 2029
Average Member
590 Posts |
Posted - 07 July 2012 : 07:48:38
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I really can't understand how you've become responsible for this service charge arrear when you've handed these properties back.
Did the OR issue letters saying they had no interest in the properties?
Did you present any case for this recent ccj?
Your properties should be classed as debts on the day of your bankruptcy. Even though you are discharged, the properties are still dealt with for 3 years.
Any problems I've had with property I've gone straight back to the OR/Trustee to have it rectified.
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Views expressed are my own personal views, based on what has happened during my own BR process unless otherwise stated.
Professional advice should always be sought. |
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Dele45
Starting Member
5 Posts |
Posted - 09 July 2012 : 21:49:08
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I do not understand it myself. The OR did not say they had no interest in the properties. The first court case I referred to the OR and nothing was done until I go the judgement then the OR said they will contact the court. However the Mortgage banks ended up making the payment.
I have sent my defense for the 2 recent cases in court, I am waiting for the outcome.
Thanks for responding. I will wait and see what happens this time.
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How can I defend myself from service charges on propertiies handed over to bank ?
