cheers
Tilly
Notice of restriction/land registry
Moderator: sandra
87 posts • Page 4 of 4 • 1, 2, 3, 4
Re: Notice of restriction/land registry
by tilly on 22 Jun 2009, 09:02
Hg the money is not with the solicitor/advisor who had been dealing with the case, it is with a conveyancing solicitor who only has a brief understanding of what had preceded, I have asked that the money go direct to the creditor but I dont know if this will actually happen,what needs to be done if it does not?
cheers
Tilly
cheers
Tilly
- tilly
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Re: Notice of restriction/land registry
by Hg on 22 Jun 2009, 23:31
It possibly wants to be dealt with by the person that is going to deal with the annullment.
What are your intentions? Are you going to use a solicitor for that, or are you hoping that the person who deals with the annullment will be you?
What are your intentions? Are you going to use a solicitor for that, or are you hoping that the person who deals with the annullment will be you?
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Re: Notice of restriction/land registry
by tilly on 26 Jun 2009, 09:45
Ah well the Trustee had his money on the 22nd, though it took a few phone calls from me the next morning to make sure the bailiff was aware.
Do we feel better Mmmm not sure, 5yrs has been along time, but at least we have saved our home.
The un proven petitioning creditor will get his windfall because in the end thats what it is, he wouldnt have had 15% interest added if he had that money in the bank for 16yrs.
I wonder if the guy knows what hardship and mental suffering has been caused by his original actions, realistically he would have had his debt paid back in the early 90's if he had chosen to have reached an agreement with us or even got a ccj against me, but no the truth of the matter was that he made a few assumptions in that he actually thought we had loads of money just because he saw we and to use his words"you have a nice house so you must have got money"
I can not deney I owed him money from the failed business but at least thats now all behind us though a bit sad that it took 20yrs to shake off that monkey on our backs.
Hg I have told my legal advisor that I want her to make an application for my bankruptcy to be annuled at least officially I will no longer be a bankrupt, again I have lived with that for almost 20yrs.
TILLY
Do we feel better Mmmm not sure, 5yrs has been along time, but at least we have saved our home.
The un proven petitioning creditor will get his windfall because in the end thats what it is, he wouldnt have had 15% interest added if he had that money in the bank for 16yrs.
I wonder if the guy knows what hardship and mental suffering has been caused by his original actions, realistically he would have had his debt paid back in the early 90's if he had chosen to have reached an agreement with us or even got a ccj against me, but no the truth of the matter was that he made a few assumptions in that he actually thought we had loads of money just because he saw we and to use his words"you have a nice house so you must have got money"
I can not deney I owed him money from the failed business but at least thats now all behind us though a bit sad that it took 20yrs to shake off that monkey on our backs.
Hg I have told my legal advisor that I want her to make an application for my bankruptcy to be annuled at least officially I will no longer be a bankrupt, again I have lived with that for almost 20yrs.
TILLY
- tilly
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Re: Notice of restriction/land registry
by Hg on 26 Jun 2009, 22:55
You can see why the creditor would think that way. As a society we cannot tell the difference between expenditure and investment, or between wealth and debt, and we judge how much money people have based on the money they haven't got any more and might never have had.
Having things doesn't mean you have money; it means you just spent money. Spending money doesn't mean you have it, it means you don't have it any more. And even at that it doesn't mean you ever had it; nowadays we are as likely to spend other people's money as our own.
Once all the debts are paid off, applying for the annullment yourself might be a realistic and easy option. It's a £65 application fee, you are applying for an order for the annullment of the bankruptcy order made against you at XXX Court with case number XXXX of XXXX, under section 282(1)(b) of the Insolvency Act 1986 as all the bankruptcy debts and fees and expenses have been paid in full. You make the application to the same Court as the one that made the original order, unless it was a small court that no longer has insolvency jurisdiction, in which case you make the application to the Court that took over from it.
You would attach an affidavit details your debts as at the date of the bankruptcy order and confirming that they have been paid.
You need to let the Official Receiver & Trustee know you've made the application, sending them copies of the application and the affidavit at least 28 days before the hearing, and you'll need them to report to Court stating that you've co-operated and that everything has been paid.
To add a little bit of doublethink to an already strange set of circumstances you can then look forward to, on getting an annullment, never actually having been bankrupt at all. I hope it feels that way, but I doubt it will!
Having things doesn't mean you have money; it means you just spent money. Spending money doesn't mean you have it, it means you don't have it any more. And even at that it doesn't mean you ever had it; nowadays we are as likely to spend other people's money as our own.
Once all the debts are paid off, applying for the annullment yourself might be a realistic and easy option. It's a £65 application fee, you are applying for an order for the annullment of the bankruptcy order made against you at XXX Court with case number XXXX of XXXX, under section 282(1)(b) of the Insolvency Act 1986 as all the bankruptcy debts and fees and expenses have been paid in full. You make the application to the same Court as the one that made the original order, unless it was a small court that no longer has insolvency jurisdiction, in which case you make the application to the Court that took over from it.
You would attach an affidavit details your debts as at the date of the bankruptcy order and confirming that they have been paid.
You need to let the Official Receiver & Trustee know you've made the application, sending them copies of the application and the affidavit at least 28 days before the hearing, and you'll need them to report to Court stating that you've co-operated and that everything has been paid.
To add a little bit of doublethink to an already strange set of circumstances you can then look forward to, on getting an annullment, never actually having been bankrupt at all. I hope it feels that way, but I doubt it will!
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Re: Notice of restriction/land registry
by tilly on 27 Jun 2009, 09:38
Thanks Hg perhaps I will do the annulment myself, its not as if I'm not capable and I have pretty much all of the info that will be required
There is a part of me or should I say a strong part of me that wants to write to this creditor and let him know that down to pure greed he will now have a nice little lump-er to invest, you see he was given the choice of what rate of interest he wanted to claim, if indeed he wanted to claim that interest at all and I have that in writing from the Trustee.
Oh I know that as a society and if presented with that choice 99.9% would take the higher return option, however, morally is that the right thing to do?
This particular creditor I'm sure must have been curious as to why in 2006 when he was told that he was due some money from someone whom he made bankrupt in 1990 that he had to wait almost 3yrs to get his windfall.
I'm sure he must have had some communication from the Trustee informing him that his money would only become available upon the possession of a property and I'm sure he must have been aware of the several court cases as all of the hearing transcripts are freely available on the web.But he was obviously content in the knowledge that he was going to be better off and someone was going to loose their home for his benefit.
So I ask is he morally right? Of course I will think not, but what I will say is that if I was aware of the circumstances and the undue pressure I was putting on someone to not only re-pay my debt but to obtain another £10k just because I could, I wouldn't feel comfortable with my actions.
Now please also bare in mind that in my professional line of work I am confronted on an almost daily basis with business failure, debt and potential homelessness, I asses the situation and look at the options available to recover the debt, sometimes there is nothing to recover but on most occasions there is just enough and that's where I position it,ironically I am sometimes advising people that bankruptcy may be the only option,it is far better to allow people to move on and allow them some dignity,its only the legal people that end up winning as they get their fees win or lose.(im not a debt collector)
Yes you can see I'm a bit bitter, funnily enough even though my personal opinion of the Trustee is less than complimentary I have no issue with the costs up to the court hearings as they are what they are, a little high they may well be but I know how and why they have come about.
The main difference here is that the creditor is an individual not a corporate company, if you recall I had 2 other creditors both corporate companies and both withdrew their claims,but this guy is a one man band outfit who has had several companies, folded many and got away with many debts himself,and guess what he also lives in a nice house and not too far away from where we live, guess he put that in his wife's name to avoid his debtors chasing him on any personal guarantees he would have given as director of all those other companies.
So you see if my money was going to some one who I believed to have integrity and honesty and deserved it! I would be less agitated.
Tilly
There is a part of me or should I say a strong part of me that wants to write to this creditor and let him know that down to pure greed he will now have a nice little lump-er to invest, you see he was given the choice of what rate of interest he wanted to claim, if indeed he wanted to claim that interest at all and I have that in writing from the Trustee.
Oh I know that as a society and if presented with that choice 99.9% would take the higher return option, however, morally is that the right thing to do?
This particular creditor I'm sure must have been curious as to why in 2006 when he was told that he was due some money from someone whom he made bankrupt in 1990 that he had to wait almost 3yrs to get his windfall.
I'm sure he must have had some communication from the Trustee informing him that his money would only become available upon the possession of a property and I'm sure he must have been aware of the several court cases as all of the hearing transcripts are freely available on the web.But he was obviously content in the knowledge that he was going to be better off and someone was going to loose their home for his benefit.
So I ask is he morally right? Of course I will think not, but what I will say is that if I was aware of the circumstances and the undue pressure I was putting on someone to not only re-pay my debt but to obtain another £10k just because I could, I wouldn't feel comfortable with my actions.
Now please also bare in mind that in my professional line of work I am confronted on an almost daily basis with business failure, debt and potential homelessness, I asses the situation and look at the options available to recover the debt, sometimes there is nothing to recover but on most occasions there is just enough and that's where I position it,ironically I am sometimes advising people that bankruptcy may be the only option,it is far better to allow people to move on and allow them some dignity,its only the legal people that end up winning as they get their fees win or lose.(im not a debt collector)
Yes you can see I'm a bit bitter, funnily enough even though my personal opinion of the Trustee is less than complimentary I have no issue with the costs up to the court hearings as they are what they are, a little high they may well be but I know how and why they have come about.
The main difference here is that the creditor is an individual not a corporate company, if you recall I had 2 other creditors both corporate companies and both withdrew their claims,but this guy is a one man band outfit who has had several companies, folded many and got away with many debts himself,and guess what he also lives in a nice house and not too far away from where we live, guess he put that in his wife's name to avoid his debtors chasing him on any personal guarantees he would have given as director of all those other companies.
So you see if my money was going to some one who I believed to have integrity and honesty and deserved it! I would be less agitated.
Tilly
- tilly
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Re: Notice of restriction/land registry
by Hg on 28 Jun 2009, 18:59
I'm not sure what I make of the industry, the people in it, or the creditors and debtors it deals with. I've been round a lot of jobs in it. All I've been able to work out so far is that money brings out the worst in people.
The only one think I know for sure is that I'd love to study psychology as the different things that make different people's minds tick different ways fascinate me. If I tried, I suspect I'd just spend loads of time realising that there's far more I don't know about.
Like most people I fell into this line by mistake and found it was never that feasible to get out it. Apart from a couple of admin jobs straight after leaving school I've gone from one debt related job to another, not really ever wanting the next but finding that you get whatever you get experience of. All the extra studying I've done to try and morph myself into a slightly different job has just become curiously applicable to my next debt job.
The corporate people probably only dropped their claims because they deleted you from their systems years ago. Nowadays that doesn't happen as they sell the debts on.
The only one think I know for sure is that I'd love to study psychology as the different things that make different people's minds tick different ways fascinate me. If I tried, I suspect I'd just spend loads of time realising that there's far more I don't know about.
Like most people I fell into this line by mistake and found it was never that feasible to get out it. Apart from a couple of admin jobs straight after leaving school I've gone from one debt related job to another, not really ever wanting the next but finding that you get whatever you get experience of. All the extra studying I've done to try and morph myself into a slightly different job has just become curiously applicable to my next debt job.
The corporate people probably only dropped their claims because they deleted you from their systems years ago. Nowadays that doesn't happen as they sell the debts on.
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Re: Notice of restriction/land registry
by tilly on 15 Aug 2009, 18:13
just thought i would drop by and say thanks Hg, its more or less all sorted now trustee been paid and i feel like i have my home back even did a bit of painting the other day something I had not done for a while got a bit of pride and ownership back..its funny how you loose that when you live through the worry of losing your home...funds are tight, well to be expected due to the borrowing to pay the trustee but i got that monkey off my back for now at least, just keep praying they realise i have nothing left to give stripped bare of any asset i had in my home,but I saved it and my family which was why I fought so hard for so long...
take care
Tilly
take care
Tilly
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Re: Notice of restriction/land registry
by Hg on 16 Aug 2009, 02:07
Good to hear!
All the best for the future!
All the best for the future!
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