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    • Thank you BankFodder    Please can Andyorch advise me how to make the application and what to attach I will send this off tomorrow after 3pm, I can post up the final version here of what I need to send and send this on Monday if I know what I am required to do and what I now need to send to the Court to deal with this matter fully   Thank you so much to you both
    • I think you should probably follow the approach suggested by @Andyorch who is probably more up-to-date on these things and I am
    • Hi, we have managed to agree terms with this creditor, thankfully and finally.   Now we face another problem...my husband was declared bankrupt in 2018 by another creditor. Long story short, it's now in the hands of a trustee.  They have apparently completed a driveby valuation which is higher than the first creditor mentioned previously so the trustee believes there is more equity for them to take.  Our property is leasehold with a 54 year lease so tricky to value.  We made an offer based on the first creditors valuation which was rejected by the trustee because, guess what, their valuation stands. So, I am now fighting again to save our home. Is there anything we can do to challenge the valuation and suggest the equity isn't as high as they think it is? Will a trustee be brutal enough to effectively push us into a homeless situation during a global pandemic because raising the funds they are seeking, is somewhat out of reach? Any help is gratefully received. Thank you.
    • Hi Andyrorch and BankFodder   I have just read up the posts, I am confused as to what to do, please can I be advised which route to go finally and how this is done, based on the advices to date.   I will be able to look into this tomorrow as I am off work most of the day tomorrow after 3pm   Thank you
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
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      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Quick question:

 

Hubby & I have a joint basic bank account, so no credit facilities available.

 

I understand that the OR would freeze my bank a/c if it is a single a/c but what happens with joint a/c's - does the same happen and should my hubby be looking to open a new a/c?

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They also freeze joint bank accounts. However, as it is a basic bank account the OR may inform the bank that they have no problem in letting you keep it. However, decision is down to the bank in the end so may be worth your other half opening another account just in case

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All of your bank accounts will be closed and any money will be used to pay your creditors. You will only be allowed to open a new bank account with permission from your Trustee. If you have a joint bank account then only half the funds will be taken.

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All of your bank accounts will be closed and any money will be used to pay your creditors. You will only be allowed to open a new bank account with permission from your Trustee. If you have a joint bank account then only half the funds will be taken.

 

Your bank account would be frozen. As long as there is not a lot of money in there, then the OR (after you telling him / her) would send a fax to your bank, allowing you to access the funds within that account, for basic living expenses. If you have significant monies in that account the OR may not do so.

 

Whoever is bankrupt is allowed to open a new account anytime after the date of bankruptcy, the only bank that will allow a bankrupt to open an account is the Co-Op and you cannot apply for it online, you have to ring them up. Any accounts opened before the date of bankruptcy would be likely to become frozen as soon as the bank finds out about it.

 

You would get a leaflet from the OR once he takes over (as in when the court tell him) and that leaflet clearly states that you can open a new basic account, without the permission of the OR and you do not even have to tell the OR unless he asks about it.

 

However, not many banks would allow you to continue banking with them if you are bankrupt, so they would probably close the account anyway, unless you can remove the person who is bankrupt off the joint account. They normally write to you giving you 21 days to empty the account and then close it. As for a joint account I am not sure if that is also the case.

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Sorry to contradict the post above,

I went BR Jan 2009,

My OR did not freeze, nor did the Bank Freeze my Joint Account,

In fact I still have a joint account with my wife,

The OR saw the latest statement, and stated she had no interest in that account.

I had a co-op account set up before BR, and informed the that I was going BR, again no probs.

The only restrictions I had with the joint Account was , that I was not allowed to use the cheque book,

 

May be different areas work in different ways?

 

leakie

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Thanks guys - hubby is in process of opening an account in his sole name so I think we'll leave the joint one and see what the OR says.

In the meantime, all DWP payments, Direct Debits etc will be transferred to the new a/c, just in case, lol

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