Save our Soul- BANKRUPTCY

[d5xs]

Dear All,

 

Would really appreciate some help and advice urgently.

 

As a bit of background;

 

I decided for personal reasons to move abroad to live and work. I therefore left the UK fully in November 2005.

 

I own 1 property in the UK which i bought i London in 2003 and as I emigrated rented it out in September 2006.

 

I am aware that I had some council tax arrears and up until the point I left was in discussions as too how to bring them up to date, a good proportion was made up of bailiff charges. I paid some of it but believe I had about 1800 Pounds still oustanding as of then.

 

I have returned to the UK in the intervening years for brief visits of 1-2 weeks as the wife lives here in the UK with new born son.

 

On a chance visit to my rented out house last night I was given a bag of old mail and I started going throug them I realised to my horror for the first time that a bankruptcy Order had been made against me in the High Court of Justice.

 

As I had been abroad I had not received any correspondence or notices of action against me or about the case. I came into London on christmas day to spend 2 weeks with the family and am due to return abroad to resume work monday.

 

I would realy appreciate some advice on how to proceed especially before I call the Official Receiver. I have been reading the posts in the forum all through the night and into this morning and would obviously want to explore options to annull the Bankruptcy Order.

 

I do not want to sell the house which has some equity in it and called the National Debt Line for advice, they asked if I was in position to clear the arrears and I said yes and just want to proceed with as much information as possible.

 

Please forgive the long post and look forward to all opinions/advice and replies.

 

Thanks

 

D5

Edited September 23, 2009 by d5xs

[42man]

In the first instance you will need to file for an annullment for the BR, this should be relatively easy to do as you were abroad when the Statutory Demand and BR petitions were sent/delivered....as long as you can prove you were abroad this should be acceptable....OR if you can pay what is owed quickly....

 

I think it costs around £30 or £35 to file the annullment

 

You will need to accompany the annullment forms with an affadavit

 

Have a look here - Can my Bankruptcy be Cancelled

 

Also when you speak to the Official Receiver you will have to book an appointment with them which is normally within 3 weeks of the order / or when you ring them....if you show them that you have filed the annullment form they will probably hold off too much more action, BUT you will still need to go to the interview, but stating you have filed and shown them the annullment form they may not appoint a trustee as yet....but you DO need to move quickly....

 

Be advised at the interview they will expect you to bring all your cheque books, pension details, etc etc.....

[42man]

You can also check the London Gazette for your name and check to see if it has been published as yet - London Gazette Home Page

 

It might well be worth talking to a solicitor....

[palomino]

You can also check the London Gazette for your name and check to see if it has been published as yet - London Gazette Home Page

 

Which naturally leads on the fact that all your bank accounts and credit cards will be stopped if they are UK-based. The financial institutions all peruse the London Gazette.

[42man]

Another good site to call too - IVA | Individual Voluntary Arrangements | IVAs | UK Debt and IVA Advice Help

[d5xs]

Thanks a lot for your replies 42maan and palomino.

 

I am going to definitely do my research and put forward a case for an annulment. Will call the OR on monday.

 

I checked the Gazzette and my name was published in october.

 

What a pain I was actually tring to live within my means not even one credit card, store card, overdraft or bank loan!

 

Had a couple of mortgage arrears from when the tenant missed payments but before I had to remortgage in July with the Halifax I cleared all of them.

 

My main concern is that I have current accounts with Lloyds and Barclays and so far they are still running normally.

 

Question is how are the accounts stopped? Does the OR write to them after our meeting, I dont use a cheque book and just have my visa debit cards. I really do no want to go through the added hassle of trying to re-establish my bank accounts which I have run for about 10 years each,these councils are the **** of the earth!

 

Could the reason be because my Lloyds was moved to a different address when I moved away from the UK 3 years ago and my barclays moved to my wifes address about june last year when I needed a proof of address at her house?

 

I just want to put this ugly episode behind me as it could have come at a worse time with a 3 month old, wife and trying to move them both to join me abroad by march and was just about to secure funding for a new home purchase abroad.

 

My prayer is that I can minimise the costs as much as possible and not loose my house in London which I have slaved to maintain for the past 5 years even though not living there. I guess I am fortunate in that I am able to afford to come to a payment arrangement with them but spare a thought for so many people in similar positions that go through this and end up loosing everything!

 

Just checked and still managed to log in to my online barclays account. have been using the Lloyds debit card since I got into London 2 weeks ago so thats fine. Both accounts have a combined total of less than a thousand pounds.

Edited January 9, 2009 by d5xs

[d5xs]

Update:

 

Advice would also be appreciated o how to deal with a related matter.

 

Going through the letters I have come across one from;

 

Credit Security Limited re Westcot Credit Services.

 

It is from a previous Lloyds Tsb current account where I got graduate loan of 5000 pounds in the year 2000. I was in rented acomodation elsewhere in the UK and fell behind on payments when I lost my job, subsequently moved address and they did not conatct me again.

 

Well they are writing to my house which I own now asking for repayment or colection agent will come round and threats of proceedings , warrant, attachment of earnings etc,.

 

Questions are are they just trying to find out if they are on to the right person and will move on if they dont get a response or do I bring this sum up with the OR as part of my debts?

 

I changed my forename for family reasons in 2003, so they are writing me with my old forename althouh the Bankruptcy Order includes this previous forename which I have dropped.

 

The sum is now 6000 Pounds oustanding with one of their letters offering to accept 4500 Pounds as full and final payment.

 

Replies most welcome thsnks.

[reallymadwoman]

How long is it since you last made any payment to this account or acknowledged the debt in any way? It very much sounds as if this one could be statute barred.

[d5xs]

Hi reallymadwoman, yes been reading throught the forums and as I haven't had any contact with them or made payment to the account since about 2001 believe its definitely SB.

 

Should I just ignore the letters or go ahead and write to them?

 

Please someone help with advice on what to do with my current accounts, please se post above on issue. Thanks

[gizmo111]

I suggest you contact any banks you think you have accounts with and check their status - also contact the OR asap to explain the situation.

[palomino]

Question is how are the accounts stopped? Does the OR write to them after our meeting, I dont use a cheque book and just have my visa debit cards. I really do no want to go through the added hassle of trying to re-establish my bank accounts which I have run for about 10 years each,these councils are the **** of the earth!

 

Normally the OR would contact all creditors and banks involved in the bankruptcy but in your case he doesn't know what they are.

Once upon a time the banks (at least) all perused the London Gazette for bankruptcies so they could block any relevant accounts. I thought they still did but apparently not. Perhaps they don't have your correct address?

[palomino]

Update:

Credit Security Limited re Westcot Credit Services.

 

It is from a previous Lloyds Tsb current account where I got graduate loan of 5000 pounds in the year 2000. I was in rented acomodation elsewhere in the UK and fell behind on payments when I lost my job, subsequently moved address and they did not conatct me again.

 

Well they are writing to my house which I own now asking for repayment or colection agent will come round and threats of proceedings , warrant, attachment of earnings etc,.

 

Questions are are they just trying to find out if they are on to the right person and will move on if they dont get a response or do I bring this sum up with the OR as part of my debts?

 

I changed my forename for family reasons in 2003, so they are writing me with my old forename althouh the Bankruptcy Order includes this previous forename which I have dropped.

 

The sum is now 6000 Pounds oustanding with one of their letters offering to accept 4500 Pounds as full and final payment.

 

I would suggest the statute-barred route as has been suggested.

 

However, at the moment you are bankrupt. As an alternative you could write to the CSL and Westcot saying so.

It is not a given that your bankruptcy will be annulled, although there is no need to mention these circumstances CSL/Westcot.

[palomino]

Another small point to be aware of : as you are currently bankrupt it is unlawful for you to obtain credit of more than £250 without telling the person giving the credit. Watch any spending on your credit cards!

[d5xs]

Thanks for th replies;

 

gizmo111- well have continued to use my accounts as per normal. As I explained above my 2 accounts are at 2 different addresses, primarily because i no longer live in the UK and have rented out the house.

 

Palomino- yes as explained earlier accounts are at different addresses and I dont have a single credit card or any borrowings whatsoever apart from my mortgage with the Halifax.

 

Advise still welcome as to points to put forwrd in my defence in order to increase chances of securing an annullment.

 

Is it worth contacting a solicitor? if so any recommendations in london and any rough ideas on cost?

 

Thanx

[palomino]

I suspect that few people on here (if any) have actually had a bankruptcy annulled so I doubt you will get much advice on here. Much as we're all willing we just don't have the experience/knowledge!

 

I would recommend a solicitor but I think you will have to look long and hard to find one with the appropriate experience. There are two solicitors on CAG who might be able to help and whose names spring to mind (there may be others) - pt2537 and surfaceagentx20. You could try emailing them to see if they can help.

 

Lastly, whatever the outcome please keep us informed. Some of like to know about these things and would welcome your keeping us up-to-date.

[42man]

I managed to get my forced bankruptcy annulled Palomino...

[rory32]

There are two solicitors on CAG

 

pt2537 and surfaceagentx20

Really? Are you sure?

[palomino]

42man, I suspect you're in a very tiny minority.

[palomino]

Really? Are you sure?

 

Yes. pt has often said so (albeit still being supervised). sax20 has started several threads and made several posts which only a solicitor would be sufficiently able to do.

[rory32]

Unless PT has been suddenly fast tracked through his open university degree he certainly isn't a qualified solicitor.

[d5xs]

Thanks for the repies once again everyone.

 

42man- Could you please give me some details on your forced bankruptcy and how you got it annulled.

 

Contacted a solicitor before I left london sunday and she's asked me to forward all the documents I have, which I will do tomorrow.

 

I'll also contact PT and surfaceagent.

 

Palomino- will definitely keep everyone updated as I progress.

[d5xs]

deleted

Edited January 12, 2009 by d5xs

[d5xs]

Good Day All,

 

Going to ask my solicitor to get the total owed from the OR.

 

Am I within my rights to aks for a review of all the charges that have been added to the initial council tax debt. Who knows what charges those thieving baliffs have slipped in there!

[d5xs]

Hello,

 

Still Bankrupt. Awaiting OR's response to solicitor's letter.

[d5xs]

Hello All,

 

got a letter from my solicitor which you can view below. Lawyer got figure owed on CT from the insolvency practitioner. Council have however not responded with the break down of what makes up the total figure ie how much is actual charges and what is say bailiff charges.

 

Does anyone know if at this stage the figures can still be examined?

 

All input welcome.

 

Edited March 12, 2009 by d5xs