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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Early 2006 my ex husband took a loan out..in oct his firm went

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Early 2006 my ex husband took a loan out..in oct his firm went bust and he went bankrupt and in April 2007 he left,after he left his debtors came after me for payment so bringing up a child on my own I'd had to go bankrupt in July 2007 ...on my bankruptcy papers there was an interim charge on the house from one of my husband debts...my daughter and I are now trying to remorage our house to which has thrown up this charge on house to which the people said it went to court in July 2007 for a charge to made fully ..I had no paper work and knew nothing of this I have not even heard from this firm in all this time so thought the official receivers had dealt with this ,after I rang this firm to ask about paperwork they say I now owe 40000.00 with interest rate of 6.00 a day...but they can't produce any paperwork and say they can't contact there solitor who dealt with it and the courts havnt got the paperwork ....is there anything I can do ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Just to be clear you went bankrupt before the interim charge was placed?
Customer: replied 2 years ago.
On my bankruptcy forms dated28/06/2007 I have mentioned that the interim charge was on the house then and put on in feb (I think) and they were listed on my list of debtors . My bankruptcy went thro the court on July 19th ... They are saying the full charge was put on in July
Expert:  Ash replied 2 years ago.
How much was the charge originally for? Did you include this in the bankruptcy?
Customer: replied 2 years ago.
Just realise my husband included it on his bankruptcy in oct 2006 ..so that was before the interim charge on ...but of course all paperwork went to receiver....the original business loan was for 20000.00 ...and yes I did include it in my bankruptcy
Expert:  Ash replied 2 years ago.
Ok. In that case it SHOULD have been included and written off. You need to contact the OR of your husband and you. Send the bankruptcy of your husband to them with yours and show it was included.
You should apply to set aside the charge because it should have NEVER been granted if it was included in the bankruptcy. You may need to see a Solicitor to get them to write to the Company for you.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
I can get hold of the OR but have none of his paperwork will the Or still have this but have mine ....so even if the charge was put on the house and I included it it my bankruptcy it can still come off.....
Expert:  Ash replied 2 years ago.
Yes it can. It was included in the first bankruptcy so should come off.
Does that help?
Alex
Customer: replied 2 years ago.
Sorry for late reply been away with work ..spoke to OR today .and he said it didn't matter if it was included in bankruptcy they can still put a charge on house
Expert:  Ash replied 2 years ago.
But they can't pursue the debt if it's included in bankruptcy because the law says it's written off.
That is what the law says.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex