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bc73
Junior Member
United Kingdom
192 Posts |
 Posted - 03 September 2008 : 15:52:05
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Hello everyone.
Hoping anyone can clarify this for me please as I go BR this Friday!Im feeling very ill. im so nervous of the whole thing:(
Today I received a letter from the land registry notifying me that one of my creditors had applied for an agreed notice on my property.
Can anyone please tell me what this is?We are handing back keys after BR.Will there be a problem with that?
And do I have to put in my BR form where it says about Beneficial interest?
How can they know so quick that Im going BR?Ive only informed the DMP team on Aug 29.
Anyone answeres will be appreciated.Many thanks to all.
bc73 |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 03 September 2008 : 16:07:34
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Hi BC73,
Has this creditor already obtained a CCJ? If so, this will be notification of a Charging Order which would mean the debt is then secured on your property and not subject to BR. However, the Charging Order will not come into force until after a court hearing which they'll never get in time!
Make sure you list all secured debt in the unsecured Section 4 of your SOA as well to ensure any shortfall from the reposession of your property can be included in the BR.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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bc73
Junior Member
United Kingdom
192 Posts |
Posted - 03 September 2008 : 16:42:03
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Hi Julian.thanks for your reply.
yes they have obtained a CCJ before that was dealt with by the DMP team.
So just to clarify,do I have to put that particular loan now to secured loans as well?
(Sigh)already prepared forms for friday,now have to redo again..but hey...never mind,at least ive received letter before BR.
Mant thanks Julian!
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 03 September 2008 : 17:25:08
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Hi BC73,
If the Charging Order hearing has not occurred, then the debt is still unsecured. The creditor is granted an Interim Charge when they apply to the court for the hearing, but the Final Charging Order won't be granted until the hearing date. As you are going BR on Friday, I wouldn't worry and put it as unsecured.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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bc73
Junior Member
United Kingdom
192 Posts |
Posted - 04 September 2008 : 02:26:27
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Hi Julian!
Just read thorugh the letter again this is actually what it says
(02.09.2008)Equitable charge created by an Interim charging order of the Salford County Court dated 18th of August in favour of The Royal Bank of Scotland plc.
does this mean that a charging order already been made?if so do i list this debt then on my secured debts as well?
It was the DMP team who dealt with the CCJ before so I didnt know about this.I wasnt informed either.
hope to hear from you.thanks |
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bc73
Junior Member
United Kingdom
192 Posts |
Posted - 04 September 2008 : 10:07:52
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| Need answer before tom pleeeease!:( |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 04 September 2008 : 12:29:48
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Hi BC73,
It appears to me that it's an Interim Charge.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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bc73
Junior Member
United Kingdom
192 Posts |
Posted - 05 September 2008 : 00:09:38
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Hi jullian,sorry for being a pain.Whats an interim charge?
also,Ive received a letter from them today informing me for a hearing in court on October 14.
Does this mean I still have to attend to this even if I go BR tom?
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 06 September 2008 : 13:58:04
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Hi BC73,
An Interim Charge is awarded on application to the court for a Charging Order hearing. It gives notice to any new potential lender that legal action is in progress.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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bc73
Junior Member
United Kingdom
192 Posts |
Posted - 06 September 2008 : 14:36:52
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Hi everyone!
Yesterday we are declared bankrupt!We did it al last!It wasnt as scary as I thought really.
We gave our forms to a gentleman over the counter(who was very nice to us and probably felt how nervous I was,but he kept us so comfortable as he can),reviewed them,have to change some details.then let us sworn.after about 20 mins we were called to see the judge,ask some questions regarding our adress,if we have already seek legal advice prior to BR which we have,in about 5 mins we were out of the room and declared bankrupt.whew!!!
then we were ushered into a room where we spoke to the a lady over the phone and informed us that in the next few days the OR will contact us wether by phone or face to face interview.
We went there at 130pm and finished in about an hour and a half.
I feel so relieved!!!Thank you for all the people here who have answered all my pre BR questions.Thank youuuuuu!
This site has gave me the courage to do all this!
You were ALL fantastic!cant say anymore,but really thanks so much.
Sorry jullian for having so many questions at the last minute.
There still probably more to come:)up until OR gets back to us really:)
Ill probably log in again later to ask more questions:)
But for now we are going out and spend time with the kids that we felt we havent done for awhile.I mean quality time with them.so ill see you all again later!
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 06 September 2008 : 15:39:25
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Well done BC73
I bet thats a relief for you now. Good luck for your new debt free future.
And Remember To Keep Smiling
Jo :)
"There is light at the end of the tunnel, if you cant find it get a brighter torch"
You can read my updated blog here:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
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agreed notice
