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sophiak_121
Starting Member
7 Posts |
 Posted - 13 March 2009 : 15:08:11
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Thank you answering my question John, but I know the bankruptcy laws have been changed. You say that a creditor cannot place a charge on someones house and make them bankrupt too. But I have read that this was possible before the enterprise act came in and creditors were allowed to do this.
This is current legislation, I was made BR before The Enterprise Act and it doesn't apply - Is this true?
I was made BR in 2000 by the creditor, then the creditor placed caution on my property in 2002. I was discharged in 2003. Could you please give a little information again please that does this seem correct what the unsecured creditor done. Like I said I do not know what the BR laws and what rights the an unsecured creditor had in those years, but really would appreciate your expert opinion on this matter. Thank you once again for all you have done so far. |
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John
New Member
United Kingdom
73 Posts |
Posted - 13 March 2009 : 19:40:00
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Hi
I will need to carry out some research on this in view of your bankruptcy and the charge on the property both being pre Enterprise Act.
I myself have only been in this industry for a few years so I have no personal experience with the old rules either.
I am away this weekend but will look into the matter for you on Monday and let you know what I find.
John White
England Jackman & Spacey |
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sonia
Starting Member
28 Posts |
Posted - 13 March 2009 : 19:48:41
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quote:
Originally posted by John
Hi
I will need to carry out some research on this in view of your bankruptcy and the charge on the property both being pre Enterprise Act.
I myself have only been in this industry for a few years so I have no personal experience with the old rules either.
I am away this weekend but will look into the matter for you on Monday and let you know what I find.
Thanks John
John White
England Jackman & Spacey
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sonia
Starting Member
28 Posts |
Posted - 16 March 2009 : 09:07:56
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Hi John,
I was just wondering if you have found any further information on the questions I needed answered.
thanks, |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 March 2009 : 16:07:01
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Hi sonia
yes I have been looking into this but need a little more detail as to the schedule of events.
You were made bankrupt in 2000.
As a result of the OR looking to realise assets did this particular creditor receive any dividend from your estate following the bankruptcy?
(I know you have already commented on this but I would just like confirmation - was the dividend part of what was owed or the full amount?).
2 years later the same creditor successfully applied for a charge against your property in respect of the same debt.
Did you defend the application made to the court by the creditor for this charge or was it granted in default as you did not defend?
Please then confirm, the charge having successfully been applied you then remortgaged your property and paid the creditor and had the charge removed.
Sorry if it seems "picky" but it's important that I understand the facts correctly.
John White
England Jackman & Spacey |
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sonia
Starting Member
28 Posts |
Posted - 16 March 2009 : 18:01:59
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Thanks John for your reply.
Following my bankruptcy the unsecured creditor and the trustee were both paid from the provisions of my remortgage.
I could not defend the caution the creditor placed on my home because I did not know. I was never sent any documents or letters saying that he was going to place a caution. I believe that he only had to show that Land Registry that I owed him a debt and they would have let him aplly his caution in those days.
The creditor who petitioned for my bankruptcy claimed £1,087.28 that I owed him in his application to the court. He showed the trustee in bankruptcy I owed him £4,597.66.
There has been a lot of questionable things that have happened.
I was discharged in July 03 from bankruptcy.
Trustee was appointed in Sept 03 to realise his interest in my property. |
Edited by - sonia on 16 March 2009 18:03:20 |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 March 2009 : 19:37:56
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Hi sonia
clearly there is a lot to the whole affair, perhaps more detail than can be practical to deal with on here.
Pre the enterprise act or after the position is the same, once you were made bankrupt in 2000 the creditor should not have been successful in applying to the court for a charge.
The court would not have been aware of your bankruptcy or they would have refused the charge application. You were not there to defend the application which you would have won due to the bankruptcy. You were not there because you didn't know anything about the application, you should have received written notification.
You have a legal case to recover one of the 2 payments made to the creditor.
To pursue the case you will need a solicitor which will obviously have a cost.
If you cannot afford a solicitor and choose to represent yourself the chances are the creditor will appoint one and win the day as the burden of proof is entirely on the claimant, you.
To gather the necessary proof will take time and effort which will, in light of the amounts involved, very likely make the whole exercise financially impractical.
It is far from fair but it is the reality.
In our legal system it is not always the party that is in the right that wins the day. Very often it boils down to money, if you have it you can hire the best and win. If you don't the opposition can do that same thing.
Sorry I couldn't be the bearer of more positive feedback as I would love to have been able to set you on a path to recover that money.
And I hate bullies.
John White
England Jackman & Spacey |
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sonia
Starting Member
28 Posts |
Posted - 16 March 2009 : 20:57:10
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Thanks John, you have been very helpful with your reply. I will however try and get advice to recover the double payment
I know you mention that to gather evidence it would be quite hard but can you advice if possible if I wanted to gather information where the best place would be. Could I contact the Land Registry and would they have information going that far back about the caution placed in 2002.
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Edited by - sonia on 16 March 2009 21:00:49 |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 March 2009 : 21:14:02
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Hi
my thoughts would be to ask the trustee's office for a written record of disbursement and the ask the same of the solicitor.
If they both come up with what you need then a solicitor may not be necessary.
A long shot maybe but worth a try.
If you have no luck then engage a solictor to chase this information on your behalf.
John White
England Jackman & Spacey |
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sonia
Starting Member
28 Posts |
Posted - 16 March 2009 : 23:24:26
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| Once again thanks John for your excellent advice |
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markm
Junior Member
United Kingdom
115 Posts |
Posted - 03 April 2009 : 12:57:02
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Hi sonia...
this is lil shaza (mark n sharon) postings on the forum... i have to say... this is the first time on joining the forum n posting on it... that ive even read any other peoples postings & i do eventually want to read through all... hopefully be able to help others in the future... who are going through bankruptsy & bad times... xX iv not even been able to think straight... yet alone even think about others... that sounds so selfish... lol... dunt it !!! xX
on reading your postings this morning... you ya self have had a long time of problems & still dealing with them now... xX i hope all turns out ok... in the end for u & soon as possible really...
i have to say... you are so funny & have made me laugh... so much through mine... lol... even when things have been really bad... xX
I THANK YOU SO MUCH FOR THAT... xX
You have to be some type of witty strong person to be able to be as helpful & funny to others... as you are... xX xX xX i surpose wot you going through ya self & have already been through... xX made you that... you are & a stronger person too... xX xX xX YOU ARE GREAT... xX xX xX
i hope maybe i,l be able to help you & others in the future...
i will keep on posting on this site for as long as i am able... THANKS AGAIN "MRS FUNNY" xX lol xX
my regards lil shaza. xX |
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Thank you answering my question John,
