I was declared bankrupt in Dec 2008 since then I have been applying for council property which I have been unsuccessful. After a conversation with my local council today I have been told that I will never be offered a property because I have rent arrears dating back to 1996 (£300) can this be added to my bankruptcy even tho I have been discharged now?
As the debt was pre bankruptcy, it will be included but you need to inform the official receiver as this debt needs to be sorted before the council will sort a property out for you.
I think it is Niobe, but I believe that it will still show in the council list, whereas it should have been included in the bankruptcy and written off. I'm not an expert on statute barred debts though.
Thanks guys spoke to the insolvency service today and they advised me that some councils will refuse to submit the debt into the bankruptcy. I have also phoned the council and explained that to clear this debt I will be unable to pay this months rent which will then put me in arrears with my current landlord who then will evict me and I will ultimately be homeless. I explained this and was then told I would be making myself homeless and they wouldn't be obliged to rehome myself and my child. Can you explain what statute barred means I haven't heard this? Sorry to bare all I am very frustrated with the council aren't they supposed to help people I work full time and all I want is to feel secure in a property I am currently living in a private rented property costing £600 per month (half my wages) as this was the only property I could find that would accept someone that's bankrupt but I need something affordable now as I earn too much to claim benefits to help any advice would be gratefully received!
Statute barred means that they can no longer pursue the debt if it is over six years old in the case of unsecured loans or 12 years in the case of a mortgage. During that time though you must not have acknowledged that debt at all otherwise the clock starts ticking again.
I'm surprised that councils are allowed to refuse to put the debt into BR - I thought all debts (apart from court fines, child maintainence and student loans) were automatically included.
Speak to the council to see if you can spread this payment over a few months. I'm sure they will be fine about it as ultimately they will get their money back.
Can arrears dating back to 1996 be added to my bankruptcy even though I have been discharged ?
Posted - 16 August 2012 : 07:12:15
