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Dillyp
Starting Member
8 Posts |
 Posted - 08 December 2008 : 12:03:12
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| Went bankrupt in October after closing my small shop left with £30,000 card debt.I went for 2 IVAs, turned down as I only have minimum wage job now I could not afford one. Advised bankruptcy. Mortgage payments etc are up to date and my property in negative equity so OR said my house safe. I have a lodger paying £300 which was approved with mortgage co. I put this down as part of my income on my statement of affairs. With my wage and my lodgers income I can only pay my essential outgoings with a small amount left for food etc. The OR wrote to my lodger and asked her to send him £300 from this month until further notice. Now, I either miss my mortgage, or pay it and have no money left to eat,work. Thought this was strange as I was told I could not afford a £250 IVA but can afford to lose £300! Then on Friday a letter came addressed to ''The Occupier''. It was to the ''tenant'' asking my whereabouts as I have not asked permission to LET my house out. They said unless I apply for permission to let my house they will go for vacant position to evict the tenant! They are not concerned with the bankruptcy, just the fact that the OR has given them wrong information. I clearly stated ''lodger'' on my statement of affairs, not tenant. All court documentation and my personal paperwork that the OR holds states that this is my address. Have written to OR and mortgage company to stating I am not letting my home out. I am worried that information coming from the OR will be beleived by my mortgage company. I have been totally honest throughout my bankruptcy and this is the last thing I thought I would have to worry about, something that is not true. Do you think this is the reason why they have taken my lodgers £300? thinking I have let my house without permission. How could the OR get it so wrong as my address is clearly stated in all my paperwork! I have gone from relieved to a very worried person having sleepless nights again. Please can you give me any advice. Thank you |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 08 December 2008 : 12:17:46
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Hi Dillyp and welcome to the forum.
I would suggest you write back to the OR informing them of the error. In addition, make a note of stating that you rely on this income from your lodger to pay the mortgage, and if they took it, it would result in your home being reposessed which would be to the detriment of your secured creditors. That should do the trick!
If all else fails, go over the head of the examiner dealing with your case and speak to the Assistant OR directly.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
Edited by - JulianDonnelly on 08 December 2008 12:37:56 |
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Dillyp
Starting Member
8 Posts |
Posted - 08 December 2008 : 12:35:41
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quote:
Originally posted by JulianDonnelly
Hi Dillyp and welcome to the forum.
I would suggest you write back to the OR informing them of the error. In addition, make a note of stating that you rely on this income from your lodger to pay the mortgage, and if they took it, it would result in your home being reposessed which would be to the detriment of your secured creditors. That should do the trick!
If all else fails, go over the head of the examiner dealing with your case and speak to the Assistant OR directly.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 08 December 2008 : 12:39:52
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Hi Dillyp and welcome
I would follow Julians advice and get this sorted once and for all.
The last thing you need is to be stressed out again by the debts etc, its not fair on you and as you have said the OR and the mortgage co have known about the lodger so why are they making matters worse now.
Do let us know how it all goes :-)
Take care
Jo
x
18 Weeks down 
34 to go 
For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Needafriend's Info on Bankruptcy :-)
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Needafriend says: Live life to the full, take life by the horns and live a little, otherwise life would be so boring!
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Dillyp
Starting Member
8 Posts |
Posted - 08 December 2008 : 12:40:41
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Thanks Julian I have written to the OR and will let you know what their reply is. I didn't think it would be right for the OR to get me into arrears with my secured lender. Do you think my morgage company will be ok and believe that I have not, or ever let my house out? Thank you for your advice.
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Dillyp
Starting Member
8 Posts |
Posted - 08 December 2008 : 12:47:04
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Thanks needafriend! It's great to talk to people after worrying alone for so long. I will let you know what happens, just hope I can sort my finances out before next mortgage is due. After losing my little gift shop after 3 years of hard work my home is my sanctuary at the moment.
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 08 December 2008 : 12:53:00
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I do know what you mean.
It will all get sorted out. Did you write to the mortgage co when you informed them you would be taking a lodger if not can you remember when you called them as they may have it on file somewhere that you notified them of this.
Dont let it get to you, be strong and you will get this sorted out, i know you will:-)
Jo
x
18 Weeks down
34 to go
For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Needafriend's Info on Bankruptcy :-)
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Needafriend says: Live life to the full, take life by the horns and live a little, otherwise life would be so boring!
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Dillyp
Starting Member
8 Posts |
Posted - 08 December 2008 : 14:00:02
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I don't think my mortgage company are worried about me having a lodger, it's the fact the OR has told them I have rented the whole house out. Now they wonder where I am and how they can reach me! I'm here where I have always been.I was so careful to get everything right on the bankrupcy forms it's a shame the OR has got it all wrong. Just hope he deals with it asap. nice to have worry free christmas.Thanks for your interest.
Christine
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Dillyp
Starting Member
8 Posts |
Posted - 11 December 2008 : 14:55:00
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 Just received a letter from the OR saying a mistake has been made and my lodger does not need to forward her money to him every month. She will get a refund for the £300 already paid.Can pay my mortgage this month now! Relieved and thanks for your advice. |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 11 December 2008 : 15:16:59
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Thats great news Dillyp
Bet your more than relieved now. Best of luck and all that
;-)
Jo
x
18 Weeks down
34 to go
For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Needafriend's Info on Bankruptcy :-)
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Needafriend says: Live life to the full, take life by the horns and live a little, otherwise life would be so boring!
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Edited by - Needafriend on 11 December 2008 15:17:27 |
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John
New Member
United Kingdom
73 Posts |
Posted - 11 December 2008 : 17:14:27
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Hi
just reading through this thread and was about to respond thus:-
The OR cannot approach your lodger for rent to be directed to him.
Then I read that they had returned this money.
I would suggest that the examiner handling your case is a newbie. I would also suspect that he or she has had his or her knuckles severely wrapped.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 11 December 2008 : 17:38:14
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Hey John
Maybe they wont get a christmas bonus now then :-)
Hee hee hee ;-)
Jo
x
18 Weeks down
34 to go
For more info on how i have come through bankruptcy and for links to help, you can read my blog here called:
Needafriend's Info on Bankruptcy :-)
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Needafriend says: Live life to the full, take life by the horns and live a little, otherwise life would be so boring!
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movin on
Average Member
United Kingdom
946 Posts |
Posted - 11 December 2008 : 19:21:46
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Hey Dilly
Im so pleased you got it sorted - it must be a weight off your mind
Jenny
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Onwards and Upwards is the way im going :-0)
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Dillyp
Starting Member
8 Posts |
Posted - 12 December 2008 : 12:08:42
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Thanks all for your support.Yes I am very relieved. I was worried about questioning the OR but it has all worked out ok. Got a letter from OR this-morning re: buying the BI in my house. I've got to get a valuation - does anyone know how I go about this? Thanks.
Christine
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Went bankrupt in October after closing small shop
