Charging Order Bankruptcy next week

[Scattytracy]

Hi

 

Its ages since I've been here, but wonder if some kind sole could help me please. I have received a land registry restriction order B136(CO) order this morning from the land registry. Its do with an old halifax debt being handled by the delightful Robinson Way c/o Howard Farrerly. Anyway this is the FIRST notification I have had. It states on the 3rd December in Liverpool County Court an interim charging order was granted. It then says as a result of the application (28/01/2010) RESTRICTION is being made. Does this mean they have already had a final hearing? I can't understamd why I have had no notification of this from either Robinson Way Howarth Farrerly or the court. I have tried Howarth Farrerly closed til Mon, spoke to someone at Robinson Way but there legal dept is closed til Monday.

 

The only thing I can think of is we moved out for a few months last year when Kensington repossessed our house (and then gave us it back, there is a thread somewhere abou it) While I never told the creditors I moved we did have bills go there in our name, I'm wondering if they have found a connection and tried to chase us there?

 

Anyway sorry to ramble my question is if a judge has had a final hearing but its still registered as interim at the land registry (I have til the 18 feb to object). When I go bankrupt on Friday will this be included or if a judge has awarded a final will that stand.

Does that make sense? I'm not very well at the moment just being diagnosed with Systemic lupus erythematosus and this has kicked me off in so much pain today.

thanks in advance

 

Tracy

[supasnooper]

I think you must mention this to whoever is dealing with your bankruptcy.

 

The Charging Order has not been made final but you really must get some good legal advice fast as the Charging Order debt could be included in your bankruptcy.

[palomino]

I would endorse the comments above about getting some good legal advice.

 

The major issues are -

1. The CCJ which you were not made aware of.

2. The interim charging order which prevents you disposing of your property until it is either dropped or made final.

3. Whether by coincidence or by design an unsecured debt is being converted into a secured one. And this is happening just prior to a petition for your bankruptcy - which means primie facie that it won't be included in your bankruptcy [if the petition is successful and there is no evidence to suppose it won't be].

 

You have been caught in a particularly nasty trap I'm afraid. Which is why you need some good legal advice. You should mention the interim charging order in some detail to the judge at your bankruptcy hearing and ask for a ruling on whether it can be included.

[Scattytracy]

Hi

 

I intend to get legal advice first thing in the morning, why is it letters always come over the weekend when you can't do anything about them!

 

thanks for your replies

 

xx

[Scattytracy]

Evening all

 

I am very stressed with everything tonight, and feel like I am banging my head against a brick wall.

 

Tried to contact payplan can't get though or the CAB......tried the solicitors Horwich Farrerly the number the land reg have provided just rings out. the only person I managed to get through to was the Land Reg office, where a very helpful man got my file out and said all he could really tell me was there was a court date later on this month (after my bankruptcy) for a final charge hearing. He couldn't tell me what address the correspondance have been going to. He said t ring Sols I explained number ringing out, he then offered to give me the womans email address at robinson way who was dealing with it. I have emailed her asking for a court case number so I can contact court and also the address where they are sending my correspondance as there is no possible way the mail can be going missing. We 'should' of had letters of the solicitor robinson way and also the court and I think they would come twice copy for me copy for my hubby.

 

Me thinks they are playing stupid games.........its peoples lives they are messing round with.

 

I'll update 'if' she replies

 

thanks

xx