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    • Hi I have received not one but three of the same PAP letters (just different amounts and details) from Moriarty Law, allegedly for three different ADCB credit cards taken out in UAE in 2009 for a total debt they claim is now almost 200,000 pounds across the three accounts.  I think I may have had one credit card from them, but there was nowhere near that amount outstanding, if anything, when I left the UAE for good on September 30, 2010. There is a difference with my case, however and I need some advice.  I have lived in Hong Kong since 2012 (I am a permanent resident there) and the letters have been sent to my elderly mother's address, which is where my UK bank account is registered, and have been forwarded to me. Though they are dated August 20 and 21 I only received them yesterday. There are also two follow-up "Final demand before proceedings letter" both dated September 8. In previous years there have only been various DCA letters sent which have all been ignored My queries are this: 1. What would happens if the letters were returned with a note that this person is "no longer lives at this address" - moved abroad” 2. Or should I return the PAP reply form anyway as set out on this forum but with no address on it (it might confuse them with a Hong Kong stamp on the envelope I guess) 3. If I do that, should I send the three forms separately or together? 4. Should I return it saying I have left the country adn not to send any more correspondece to my old address? 5 Or is there any other advice you can give.  I am not sure if I reveal that I am in Hong Kong that could stop UK proceedings, could I have a CCJ in absentia and could it be enforced, or whether could chase me for it in Hong Kong which has a similar statue of limitation law to UK? Thanks for any speedy advice. Time is short because it takes four or five days for post to get between UK and HK.        
    • A step by step guide on how to use the Armed Forces Pension Calculator     READ MORE HERE: https://www.gov.uk/government/publications/a-step-by-step-guide-on-how-to-use-the-armed-forces-pension-calculator
    • Hi   Repair and Support Plan states: If your product goes wrong after the 3rd Repair, you can request a replacement.(The faults must be mechanical they say e.g Hard Drive as opposed to physical/accidental to qualify for replacement/vouchers).   My Laptop has had 4 Hard Drive replacements. They are attempting to claim that a corner being missing when the laptop went in for repair over rides Hard Drive Failure and are therefore claiming my laptop has had only 3 repairs.   Also Well fix in 7 days or replacement-1 of the repairs took almost a month. Ive refused delivery of my `fixed` laptop now for 3 months while arguing to and fro with them that they have breached the support plan and I want replacement vouchers.They are now charging me £50 to store my laptop and are going to dispose of it in 6 days if I dont contact them. Been through usual channels..Consumer advice... just found out they wont participate in ADR. I loathe this company they are a disgrace. Ive paid A support Plan £11 per month for over 8 years. Im aware how bad they are and how many people they have shafted. Anyone any idea where I stand ..what I do?I dont want them to get away with broaching the policy as well as binning my laptop.Im left with nothing.    
    • So it is...... ...but has yet to be determined by a Judge...who would no doubt decide that  Bailey had the use of the vehicle  during the term of the agreement and therefore benefited.   Too risky....I would be happy with this result and leave it at that. 
    • If the claim is private individual against business, the case should be heard in your local court. Did you buy the dress under a business name or your own individual name?
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Posted (edited)

Just wondering what the situation would be if a few siblings inherit family home (in future) but one of the siblings is living with the threat of bankruptcy?

Would the off. receiver force the family home to be sold?

The worried sibling's % share would not cover all their debt - but it would clear some.

Or is it more likely the off receiver puts a charging order on the property so that if future sold, the worried sibling (bad debtor) would automatically lose their % share of the sale proceeds?  Can they put a charging order on part values?

 

Is it better to preempt any awkward situation by discussing protective measures with parents now? 

Worrying situation...

 

 

Edited by HP Mum

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I bought a lottery ticket today but no-one  can register a debt against camelot on the off chance i might win the jackpot.

 

the property doesnt belong to the debtor and if they go bankrupt any future earnings, inheritance/lottery win cant be considered when making that order, only what is true at the time.

 

the receiver cant place a charging order on the property even if the person had died and the executors hadnt done their work yet. It isnt yours

 so assuming bankruptcy on a date to be determine din the future and you then inherit a windfall. that wil be paid out in cash and you will have to inform the receiver, not the executoer of someone else's estate. They do the wishes of the deceased and i doubt if the will says they your share should be paid to the OR.

You may wish to discuss this with your parents and theh they may cut you out of their will to save you the bother and to make sure your siblings get the money, not some money grabbing corporation. Obviously if they live longer than your bankruptcy you will get nothing but not be subject to any constraints of any order so will feel hard done as your siblings have an extra holiday on your share

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The bankruptcy process generally lasts one year from the date of the bankruptcy order until discharge. If the sibling inherits a share of the family home within that year, the inheritance will be considered an asset which is vested in the trustee. It is possible that a sale of the property will eventually be forced in order to release the sibling's equity whether or not that equity is enough to settle all debts owed. The other siblings or someone else could 'buy out' the trustee in order to keep the property, but the bankrupt sibling would no longer have any beneficial interest.

 

If the inheritance is received before the banktuptcy is made, it is an asset so may be subject to similar proceedings in a subsequent bankruptcy. If the inheritance is received after the date of discharge, it is no longer subject to banktupcy proceedings so the sibling would keep it all.

 

Where a charging order is placed on a property, if the siblings are joint tenants, the deed will change to tenants in common. Each tenant in commons' beneficial interest will be established at that point. For example with three siblings they may have a beneficial interest of a third each. It's also possible they are already tenants in common so beneficial interest is already established.

 

It is only the beneficial interest of the debtor which is subject to bankruptcy proceedings or a charging order. The beneficial interest of the other siblings is protected as they have no liability for the debt.

 

The parents could disinherit the sibling to protect the equity. Also, it is the date of death which is relevant so even where a beneficiary has not yet received any inheritance, it is deemed that the beneficiary holds the assets at the time of death, and not the date of actual inheritance once probate is finalised.

 

Edited by Will Goodfellow

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Thank You very much Will.   This is perfectly succinct and what I needed to read.  Preemptive prudence.  

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