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chewy22
Junior Member
United Kingdom
203 Posts |
 Posted - 17 August 2008 : 12:47:15
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On Thursday 17th July my to be ex wife was served in person a statutory demand and as I believe after 18 days of non payment then on the 21st day after she can be server with a bankruptcy order. We believe this has now been started but don’t know how to find out if it is true. Is there a register on the web of even a phone call I can make to find out?
We live in the northwest Cumbria. She could be under one or two names probably served using her maiden name.
I have this link and take a look every day but haven’t seen her name yet http://www.hmcourts-service.gov.uk/cms/list_bankruptcy.htm
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chewy22
Junior Member
United Kingdom
203 Posts |
Posted - 09 September 2008 : 14:20:35
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Just been told my wife is to be filed for bankruptcy today 9th September by one of her creditors using a solicitor. She has had her statuary demand served in person and the 21-day deadline was the 6th August. What happens next? I believe this will be served in person. As first post when or how will I get to know?
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chewy22
Junior Member
United Kingdom
203 Posts |
Posted - 09 September 2008 : 14:27:20
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How do you find your name on the Insolvency Service Register can't seem to locate the register on line.
Sorry for all the questions |
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Needafriend
Junior Member
United Kingdom
344 Posts |
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chewy22
Junior Member
United Kingdom
203 Posts |
Posted - 12 September 2008 : 20:48:38
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Thank you for the link
So if you are served with the BR order when do you appear on any of the above registers?
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 13 September 2008 : 08:49:20
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Hi chewy22,
It can be same day or even a few days later, it is all dependent on how busy the OR is and how quick they can get the info sent accross to the register.
Ours showed next day, some a week later.
Jo x
"There is light at the end of the tunnel, if you cant find it get a brighter torch"
For links to help with Bankruptcy, useful web pages and also a run down of my new debt free life, both before and after Bankruptcy, then please visit my blog:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 13 September 2008 : 14:36:56
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Hi Chewy,
Once served with a statutory demand, you have 21 days to pay. The creditor may then apply to the court for a creditors petition for BR. However, this will cost them about £2k so they usually only do it if (a) the debt is large, and (b) they are sure they'll get a return. As a result, statutory demands are quite frequently a scare tactic employed by creditors.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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chewy22
Junior Member
United Kingdom
203 Posts |
Posted - 13 September 2008 : 22:49:32
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| Thank you Julian. I have seen one of the letters from the creditors solicitor and her debt is £4k and the company has deposited £1200 on account with the solicitor to deal with it. I would expect he intends to make her bankrupt. |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 14 September 2008 : 16:08:12
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Hi Chewy22,
Is there a property with equity involved? If so, they may well go for BR.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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chewy22
Junior Member
United Kingdom
203 Posts |
Posted - 14 September 2008 : 22:13:29
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| Yes, And a good size of equity in the property. |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 15 September 2008 : 04:37:30
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Hi Chewy22,
It would appear the creditor is looking to get their money back out of the property, and the BR's beneficial interest will be realised for the benefit of the creditors. The bad news is that if the BR has more than £10k of assets, the OR will assign a private sector trustee to handle the case, and they rarely get involved for less than £25k.
Given you've potentially a lot to lose, I would suggest you speak to one of my colleagues on the helpline who will be able to advise you further.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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chewy22
Junior Member
United Kingdom
203 Posts |
Posted - 16 September 2008 : 17:04:24
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I did try to phone today and left a message to phone me back but nobody did. I expect you are all very very busy.
How would the BR affect my half of the home, ie equity. Will private sector trustee fee to handle the case of £25k come out of my half?
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 16 September 2008 : 18:15:26
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Hi Chewy,
I'm afraid it would.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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chewy22
Junior Member
United Kingdom
203 Posts |
Posted - 16 September 2008 : 19:12:08
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But that’s not fair she has debts of about 77k the house was valued at the request of the court at £160k two weeks ago and we have a mortgage of 28k with two endowments with total surrender value of 18k about 10k shortfall.
She ended the marriage about 15 months ago but we still cant sort anything out about the finance. Her potential BR is going to destroy all I have worked for.
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Edited by - chewy22 on 16 September 2008 19:16:26 |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 17 September 2008 : 14:01:39
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Hi Chewy,
Apologies, I misread your earlier post. Technically, the OR/Trustee can only claim on the bankrupt's beneficial interest. However, with regard to trustees, it is not uncommon for their fees to be claimed from the non-BR's interest (which technically they can't do). As long as you stand your ground, you should be ok.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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chewy22
Junior Member
United Kingdom
203 Posts |
Posted - 17 September 2008 : 17:27:59
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| I had a very sleepless night last night with that answer but your new reply today does sound a little better. With the large problems in the money market reported in the news I think I can expect another drop in the property price so this could give me a better chance of buying her beneficial interest from the OR. I got your message on my answer phone and will give you a call tomorrow. Many thanks. |
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Register Bankruptcy order
