have tried shelter,council cab etc seems the system dosent help single people n matter how much they have paid in tax the last 35 yrs:violin:

hi ellen

theres no chain, but i know all the legal paper work has been done so i expect to hear really soon on this as the buyers have stated to estate agents they are ready to move in thety are privately renting and paying a high rent as i understand it.

i know i am in a no win situation, its going to be an emotinal nightmare having to leave here after many years,ive tred to do my best by everyone but its just not turned out good at all my s2bx will be totaly peed off if this falls through i think then it will revert back to insolvency service,not to sure what would happen then probably be a forced sale as its been 2yrs and 4mths since my br date.

many thanks to all

out of cash

hi all,

not been around for a while and are now on my last hurdle of my bankruptcy nightmare which is!

went br in 2008 been in house since then house went on the market and sold within 2days ,i agreed to a voluntary sale as not to cost my s2bx loads of cash however when it comes to completion dates, can someone please tell me if i have any rights to remain ? say no to date as i am finding it a total nightmare to rent somewhere due to br on credit file and the added bonus of being unemployed,council cant help,letting agents want thousands in deposit,and very few private lanlords about.

any advice help most appreciated

out of cash.

i went br and included the mortgage in the bankruptcy

after dischrge lenders try to play the game of sending out a form for myour sig to say you are liable for any shorfall costs on mortgage.

IF YOU GET ONE OF THESE FORMS DO NOT SIGN IT AS YOU CAN BE MADE LIABLE AFTER DISCHARGE IF YOU SIGN THAT FORM.

you go br first so the mortgage is taken into the bankruptcy order .so wouild all the legal fees charges interest court costs.

make sure you dont sign anything after the br date as the lender can make you liable again for any shorfall.

i went br 19mths ago and know i am not liable for any shortfall however i would be if i signed something now after discharge.

Advice given to me by insolvency service please double check as peoples situations can vary on different technicalities.

regards

out of cash

many thanks

mamag1

it mentions about bringing the agrement to an end so therfor you should request notice of cancellation rights this comes under the cca i cant remember what section as its been a while since ive had to deal with this someone will confirm which section you need to quote,if anything is ref to another document in the agreement they need to produce it,cancellation rights stuffed one of my creds big time at a trial,it was that which saved my neck at the time.

your right to cancel that particular doc needs to be set out in a certain format similar to a cca format.

hope this helps sorry i cant remember the law on the notice of cancellation copy documents.

have sent you a pm.

hi all,

anyone had a forced sale put on them by insolvency service? and if so how long did this process take from start to finish went br 19mths ago and want them to get on with it as its become a hge wind up.

its like getting reposessed without having any mortgage arrears just a pile of unsecured debt.

would be greatful for any advice on this.

regards

ooc.

if there wasnt a bro in place at the time cant see how they could touch that money even with an assett such as a house game over for them after 3yrs if its not been dealt with,But 10 yrs seems incredible i would phone insolvency service to get them to clarify this.

i was told it 6yrs on credit file from the day of the bankruptcy date,

hows it all going misterbuster?

regards

ooc.

hi rapterman,

i had a very hard time getting creditors to accept what i could afford hence why i went bankrupt.One good example is a very well known visa card company,the small print in their terms and conditions said contact us as soon as you experience any financial difficulties of which i did,their idea of helping was to shaft my apr rate from 4.9% upto 36.8% this should be a lesson for them if they keep piling on the pressure for people they are going to end up with zero as they are now findinding out.

why do you need a lawyer for the affidavit "i didnt" also had multiple creditors and assetts involved.

Hi there,

what exactly are your worrys,if its a transfer of an assett before going br the OR can have this reversed going back 5 yrs,they usually investigate the bankrupts statements between 2 to 5yrs if they see any what they deem to be unreasonable behaviour they can go back longer,if gambling has been involved,casinos,internet,horses,stocks and shares,they can apply a bankruptcy restictions order which will tie you into the terms of the br for anywhere betweeen 1-15yrs hope some of this helps.

Any Advice/anyone ?

private land lords are ok,and letting agents are more welcomeing as there are huge numbers of people going br i have already spoken to 3 letting agents all are ok some want 3mths deposit some want 6.

Hi all,

went br 15mth ago s2bx wants to sell house immediately,we are splitting due to br etc,we have no mortgage arrears, the insolvency service have told her as she cant afford to buy my beneficial interest in the home they will have to repo it in the near future, does anyone know the costs involved in this? and how long this process usually takes ? as i wont sign over house for sale without a court order etc as i will be making myself homeless i am looking for a way out of all of this nightmare with some kind of damage limitaion if possible.

any advice ideas would be greatly appreciated.

regards

out of cash.

tell them tough your going br, if they hassle you nd if they keep on after the br report them to insolvency service,as for the creditors getting anything ive been told this is rare as the fees in the br process are huge especially if they get an insolvency practioner to deal with the assetts etc

The verdict

The High Court trial, held at the Manchester District Registry Mercantile Court, involved eight separate claims by consumers against lenders to determine certain legal principles of when a credit card debt can be deemed unenforceable.Even if unenforceable, a lender can often demand payment and register non-payment with a credit reference agency which can hit your credit score. It cannot, however, seek a court order to ensure payment.Judge Waksman said last week in his ruling:

• Lenders do not have to provide an exact copy of the original agreement. They simply have to provide "a reconstituted version... which may be from sources other than the signed agreement" under Section 78 of the Consumer Credit Act.
  
• As a result, he says lenders will usually be able to supply copies even if not within the required 12 working days.
  
• He also agreed with an earlier ruling in October that stated even if a lender cannot provide a copy, the debt is only unenforceable until a copy is provided. And, even while temporarily unenforceable, it does not stop the lender from reporting non-payment to credit reference agencies or from sending letters demanding payment
  
• In any case, he said the lack of credit agreement alone does not mean the relationship between lender and consumer is "unfair".
  
• Where an agreement has been "varied" (eg, where the interest rate has risen), a copy of the original and the varied terms must be produced.
  

Judge Waksman said: "It it seems to me to be likely that the number of challenges about Section 78 copies (where it cannot provide a copy of the agreement) will diminish significantly hereafter. "Absent (of) any positive allegation of improper execution, a claim based solely on the absence of, or defect in, a copy will not succeed."

i personaly think this is justice gone nuts

thats exactly what the ruling said,this is extremely bad news .

Phone your local county court or take a look on the courts web site as there will most probably be the appropriate form to down load and send it recorded deliv to those idiots.You could also make a complaint to the ico if youve asked for data to stop being shared or stored on their systems ,The more difficult and non responsive they are to you will go in your favour if this goes to court just keep a good log of everything and you should be able to give em a good pounding.Its great to see somebody else not just lying down and taking all the crap the dcas try and give people i am also going to be taking a dca to court soon as they slammed a ccj on me 1 mth after i was declared bankrupt.

you are right if your paying mthly for car ins they will have to produce a valid cca.

good lck.

regards

out of cash

hi all,

my apologies for appearing a little thick ,but i thought that when updating your credit reference files the file should state your br date against all debts and not later and remain there for 6yrs from the br date,if all the above is correct ?"Post bankruptcy question!" i went br dec 2008 so should i have just left my cred files alone as all the defaults are marked 2007 so i now will have longer to wait after they have been updated.??????

any advice much appreciated.

out of cash

anyone know if 1st credit ever got a fine for their non pro conduct i do hope so

HI malisa,

never talk 2 them on the phone always via recoded deliv letters only,Dcas can be real **** bags to deal with,if they cant produce a true copy of your consumer credit agreement to a court they will lose "or should do" ive had many dealings with them over the past 3 yrs and lucky for me i went Bankrupt just to shaft em:D i maybe laughing now but i was on the brink of a nervous break down from the pressure and hassle they cause.hope you get to grips with em.

very well said refusenik