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    • Update. The ASB team have categorically said they want to send a letter to the idiot saying... you are upsetting your neighbor, please come in to talk about this, we need to tell you we have no power to do anything about this though... WTAF?   They also said my only option to stop idiot parking and obstructing our kerb is to park our other car outside idiots property 🤔 because the car is now not obstructing enough to get a ticket and not breaking any law! Even though it's obviously being done to cause annoyance.   Just seems beyond belief!
    • Ok, quick update on this.  Mediation didn't happen - mainly because I missed the deadline for agreeing to the date - I didn't realise the deadline was quite so tight - and I had been away for the weekend and not reading my emails - anyway - although it was bad to not formally respond, it didn't really make too much difference because due to the lack of viable evidence provided by the claimant, mediation would have been pointless.   So I've been waiting to head what court date has been allocated to my case. However, instead I received a "General Directions or Order" letter.    Sorry - I meant to bring it in (to where I'm writing this).....but basically the gist of it was that the claimant had 14 days to respond providing evidence e.g. signed credit agreement etc. - and then I had 14 days after that to respond stating whether I accepted that evidence and whether I wanted to withdraw defence.    The letter was sent around the beginning of the month - therefore their 14 days are more or less up - I haven't heard anything - albeit, I need to factor in postage times - but surely this means my 14 days are not really 14 days....but more a case of the time left before the end of October and when or if I get anything from the court of the claimant with their evidence.   My question really is:    Is it a stupid question - but I cannot really do anything until I receive anything - at the moment, the court won't know what they've sent me (in response to my CCA request) - i.e. the poorly presented application form - meaningless statements - no clear signed credit agreement etc. - so this step is basically the court asking whether there is enough evidence in order to allocate a court date?   I'm assuming I should get a copy of whatever the claimant provides to the court?   Many thanks  
    • hello again, do you think this witness statement better suits my needs witness 2.pdf
    • Hi all   Does this link indicate whether or not Woodside Park station is under the TFL Byelaws or not, as I'm a bit confused?!   https://tfl.gov.uk/corporate/transparency/freedom-of-information/foi-request-detail?referenceId=FOI-2209-1819   Rgds. Andy
    • I am hoping someone can offer me some advice concerning an issue with my former landlord, please. In short, I took possession of a property he was letting out just over ten years ago. Having viewed and been offered the letting, I accepted and paid the deposit plus the first month’s rent and moved in. Meanwhile, the landlord had gone on holiday and it was not until a week or so after I had moved in that I saw him again when he came around to see if we had settled in OK. I told him all was fine and took the opportunity to ask him where the parking space was located as there is only “pay per hour” on street parking outside and a commercial car park approaching half a mile away. He said there was no parking included with the accommodation. Yet the lease which we had each signed clearly stated that the property included the use of a parking space. He told me that this was an error on his part and that there was no parking space included with the property. Having already vacated my previous letting and paid the deposit and the rental advance and moved all my effects into the new letting – in addition to not wanting a major fallout with my new landlord (I also had a wife and three children to consider), I erred on the side of caution and did not press the matter.   However, the kids have all grown and flown and we have been obliged to downsize to a one bedroom apartment (with parking, happily). This was nearly three months ago and I have only yesteray received contact from my former landlord’s lawyer stating I still owe him (the landlord) money. I am waiting to learn the grounds for his claim and have requested a full breakdown of that alleged indebtedness from his lawyer but, having been very good tenants who always paid the rent on time and not only took great care of the old property but also did a lot of unpaid work improving it over the course of our ten year residence, I am quite annoyed to be treated so meanly. Regardless of whether or not it transpires that I do, unwittingly, owe this man money I am wondering whether or not I might have a counter claim against him for the false representation of his lease and perhaps even be compensated for the ten years I spent paying for on street parking as well as putting up with the daily (often hourly) inconvenience of that.   If someone could advise me, I would be very grateful.   Thank you.  
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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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