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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10587
Experience:  Barrister 17 years experience
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The trustee (daughter) owns the property with mortgage for

Customer Question

The trustee (daughter) owns the property with mortgage for my benefits (the beneficiary)
I reside in it, and I am responsible for the maintenance and the upkeep of the property and mortgage payments.
Now I owe credit card companies about £40,000 and with County order can they be allowed to secure the debt to the property owned by my daughter with a mortgage?
If I were to declare bankruptcy what will be the outcome?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear Stanley, firstly, a County Court order against you personally, cannot be secured upon the property of which you are a beneficiary. This is because the nominal legal ownership is vested in the trustee, your daughter, and not in you, as beneficiary. So, nominally, you don't own anything to attach. So the creditor to whom you owe the credit card debts will have to look elsewhere for the money. Secondly, I would not advise you to go bankrupt if you are worried about the credit card debts. Essentially, the creditor here will have to seek some form of payment order against you which will be limited by whatever is your current income, less your legitimate living expenses. So, you should not go bankrupt simply as a result of the County Court order. It is not really necessary.

Expert:  Buachaill replied 1 year ago.

2. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 1 year ago.
I made a complaint to the Metropolitain Police service about the incident that took place 14/2/16.
Three police officers came to my door on the above date and forcefully entered my flat without warrant.
One of the officer told me that the do need warrant to charge my property.
So far I have written to the police officer in charge of the matter on 24/5/2016 and to date I have not received a reply.What can I do now as I am still going through with stress and anxiety.
Expert:  Buachaill replied 1 year ago.

3. It is time your wrote a reminder letter enclosing a copy of your original complaint. Don't let time go bye before you get a reply. The police officers needed a warrant to enter your property. So, you have a valid complaint when they acted without a warrant.