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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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Good Morning My husband was declared Bankrupt 17.10.12 (personally).

Customer Question

Good Morning

My husband was declared Bankrupt 17.10.12 (personally). At this time he was diagnosed with cancer and passed away 01.08.13
The trustees solicitors are asking questions that i try to answer and very often the threat of taking me to court to answer under oath
I cannot afford a solicitor can you advise me
Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

I own a house with a mortgage, it was signed over into my name approx 4 years 3 months before Mark went Bankrupt


We also have a house that is in process of repossesion valued at approx £130k


We also have a derelict Barn in garden value ?


 


The solicitors want 3 dates which i gave so a valuer can come around


i gave dates for a saturday and sunday with the last date this weekend


as i said i felt vunerable and only time i could get anyone to be here with me. They have now emailed saying that i had not responded and i have till 5 pm to give them dates as the valuer works monday to friday 9 til 5


 


At present their fees are £4k which they want off myself how can i end up with costs when it was Marks bankruptcy not mine


 


Thankyou


 

Expert:  Jo C. replied 3 years ago.
Thank you.

You can get the title deeds from the land Registry and they will show the date upon which it was transferred into your name. The deeds are cheap enough. You can send those to the solicitor.

Alternatively you can tell the solicitor that considering the ease with which this information can be obtained an application to court is disproportionate and that you will ask for adverse costs to be awarded against them.

You can also give the details of the solicitors that dealt with the transfers from 2 names into yours. You can write to those solicitors instructing them to give the new solicitor the information he wants. Or you can sign and authority for him to get that information.

You did not ask this but I should mention it. If your husband went bankrupt within 5 years of transferring the policy from joint names into just yours, and there is no bankruptcy indemnity policy in place, then I'm afraid the trustee in bankruptcy can set aside the transfer.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Good morning


 


With them wanting valuation can i stick to my guns by saying im only prepared to let them in at the weekend when i have people here.


 


Thankyou

Expert:  Jo C. replied 3 years ago.
I think you are entitled to reasonable notice but I do not think it reasonable for you to insist on weekends when people are there.

There should be no issue of your personal safety if this is a reputable firm of valuers who are coming round to the property.

If you do insist on it being weekend only then you risk them making the application to court which they are threatening on the basis that you are being obstructive and if they do make the application to court, you will then incur legal costs.

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