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    • Thanks dx100uk.   Not sure that I completely understand your reply, that said, thank you for taking the time to reply.   I did follow your link to the GDPR thread and Subject Access Requests. I can't remember if that was the term that the ICO used.    I am not sure that it would have been a SAR, my bank didn't insist that I apply in writing and ultimately it wasn't my bank that was being obtuse.   Then again, it may well be the case that the guy at the ICO did indeed use the term Subject Access Request. As I said,  I got a call from a 0300 number and decided to answer it, half in the expectation of it being a spam call.   So is SAR a direct consequence of GDPR? If yes, it is ironic that I am using to circumnavigate Lloyd banks flawed interpretation of the Data Protection Act.
    • CAB should never have said what they did.   If someone earns over the threshold, even if only 15p, yes in theory the whole amount will be reported as overpaid.    So yes you should expect a letter advising of a debt.   Suggest that your partner follows the appeal process and submits the mandatory reconsideration.  Put the arguments to a DWP Decision Maker. It might not change the decision already made, but worth giving it a go. Perhaps the CAB advisor who gave their opinion can assist.   Uniform is not an expenses that can be deducted in relation to earnings considered for benefit purposes. Your partner is employed and the employers should provide any uniform. Sounds a bit odd to deduct an amount for uniform and this should be queried with the employers. Not quite sure on the legality of the deduction.
    • Does your claimant commitment state to update journal or job application section of your account to provide the evidence?   If not, then written or even verbal would suffice. If the commitment isn't tight enough to state where to put your evidence then there is nothing they can do.
    • The onus is on the claimant to claim correctly. 15p or £2 over the limit is still over the limit.   You mention an alowable expense, where does it state uniform is allowable, it's normally travel, care fee's or pension contributions. Normally uniform is provided by the employer, so the DWP tend to ignore this.   Yes she will get a letter regarding paying it back, but she is lucky she isn't facing a fraud case.
    • Pardon late reply, had a busy last few days. I will make enquiries to the Council or Valuations Agency tomorrow when they are open.   I am a little apprehensive about getting the dentist involved although I wasn't warned about the new parking system at the time.   I have photos but will need to reduce the mb size of them as 4.5 mb is maximum upload on here. They will also need editing to blot out reg numbers etc.   I was given 28 days from CE to cough up after the POPLA decision and that will expire in a few days time. I intend to take this all the way and to save further action [e.g. debt collectors with the £100 rocketing to the thick end of a Grand]   write to CE and tell them take me straight to Court as all letters will be ignored.    There are 2 photos from my evidence previous post [Docs 1 pdf 2.81 mb] First is the view I had approaching car park to the right, this differs enormously from google street view.   Even with just 1 car in the carpark can you see any signs ? There is a small road sign in that photo too that was left behind following the roadworks and temporary traffic lights that hid the sign at the front.   Second photo is a view from where I parked no wonder I did not see it, in fact the angle is worse viewing from drivers seat as the pole is in line with the tree
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Hi, sorry if im posting in wrong section not sure where to go.

 

I have just noticed on land registry there is a petition in bankruptcy notice 86 (2) from 2013,

 

within 14 days i paid the debt off fully,

but creditors (virgin) wouldn't acknowledge it or send a receipt,

 

totally ignored me when i paid the £8,500 by bank transfer (receipt found)

 

how can i get this removed as want to sell the house,

 

any help at all please as i thought this all went away in 2013 when it left me broke,

 

ive just back on my feet.

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Hi

 

Were you actually Bankrupt during this period?

 

Have a look at this link:

 

HM Land Registry - Practice guide 34: personal insolvency: https://www.gov.uk/government/publications/personal-insolvency/practice-guide-34-personal-insolvency

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You sure it was virgin (MBNA) that petitioned for BK

I bet it was a fleecing DCA

If it was

They probably don't know you paid the OC directly??

 

More info please

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If you were made bankrupt : consult your trustee in bankruptcy.

If you weren't made bankrupt : did you receive any order from the court?

 

From : https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch49-60/Chapter%2050/part2/part_2.htm

50.24 Vacation of registration - pending action

 

Under section 8 of the LCA1972, a registration of a bankruptcy petition as a pending action with the LCD will be automatically vacated after 5 years unless it is vacated in one of the following circumstances:-

 

the petition is dismissed or withdrawn with permission of the court and an order is made at the same time permitting vacation of the registration of the petition as a pending action. The court will send to the debtor two sealed copies of the order. It is the debtor’s responsibility to request the LCD and the LR to vacate any registration; or

the bankruptcy order is annulled (see paragraph 50.32).

Notes: [LCA1972, s8] [s266(2), r6.25(2), r6.27, r6.32 and Form 6.22] [r6.213(1)]

 

 

 

 

 

50.25 Vacation of registration - bankruptcy notice

 

The registration of the bankruptcy notice on the proprietorship register remains in force until a bankruptcy restriction is registered. It will also remain in force if the LCD automatically vacates an entry in the register of pending actions. The cancellation of the entry at the LCD will not cause the LR to cancel any bankruptcy notices automatically. Separate application must be made to the LR by the debtor for a bankruptcy notice to be removed. The debtor can apply to cancel the registration in the proprietorship register following the action in (a) or (b) above. Additionally, when the trustee in bankruptcy wants to register himself/herself as proprietor of the property (see paragraph 50.43), the bankruptcy notice will remain in force until the registration is complete or the property is conveyed by the official receiver or trustee.

 

The Land Registry are pretty good at telling people what they need to do to correct things as quickly as possible, although they can't offer legal advice.

(So, they may tell you what procedure needs to be followed, but aren't allowed to offer any opinion on if a procedure is likely to succeed or not!)

https://www.gov.uk/guidance/contact-hm-land-registry

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Hi

No i was never bankrupt i paid in full after attending court as i thought that would be the end of it, thanks for info i will red through it

 

the debt was to Virgin MBNA

it was chivers easton and brown division of Howell-jones solicitors who i dealt with

 

it was them i had to sign money over to as when i made offers they said their client would not accept any less than the full amount or they would put a charge on the property they didnt say they HAD done

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See 3...3.1...3.2...3.3

 

https://www.gov.uk/government/publications/personal-insolvency/practice-guide-34-personal-insolvency#removal-of-bankruptcy-entries-bankruptcy-notices-and-restrictions

 

Thread moved to..... Formal Solutions: Bankruptcy, Administration Orders, Debt Relief Orders and IVAs Forum.

 

Regards

 

Andy


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Hi All, read all info provided, contacted the court, they sent copies of the notice it was sent to my old address now sending all forms to LR for removal, thanks a million, excellent advice Thank you all :-D

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Hi sansukie

 

Thought I would pop in to see how it is going with getting the Land Registry removal?


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Hi stu007

 

Yes it has all been sorted im home and dry, long hard fight but with the help of all on here i came out the other side. thank you so much for your advice

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Well done...thread title amended to reflect the outcome.

 

Regards

 

Andy


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Hi sansukie

 

That's great news and well done to you


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