Hi! I suffered with very poor health due to a brain tumour and really struggled, and was was subsequently made bankrupt in 2011, discharged in 2012. 2 charging orders were placed on my property prior to the bankruptcy. Unfortunately, my tumour has had regrowth, and I have been struggling again. There is a possession hearing on the 10th April, which has been brought by the leaseholders for my ground rent. Although I have kept my financial affairs in order since my bankruptcy, the lease holder has not accepted my ground rent payment each year when I try and make it, as they say I had to pay the invoice for the 2 years which were included as bankruptcy debts as well. I have been told by the Official Receiver that I am not able to do this, and the leaseholder has gone direct to the mortgage company to ask them to pay directly, but after the mortgage company spoke with the Official Receiver, they were advised that it was a valid bankruptcy debt and was not to be paid. However, the possession claim makes no reference to the prior debts they were trying to force payment for, it actually says that "the claimant acknowledges that it is not entitled to order for payment of the rent arrears incurred prior to the date of bankruptcy since they are a debt provable by bankruptcy". That said, they have claimed 5 lots of £126 (the annual ground rent), and 2 of the invoices are for periods which I was bankrupt, even though their claim acknowledges that they have no right to claim. They have also claimed over £2200 in legal fees, despite not sending invoices, chasing the debts, or sending any legal documentation other than the paperwork for the possession hearing, and ignoring my annual attempts to pay (done verbally and by email), and the repeated communication from the mortgage lender. I just wanted to clarify : 1. Whether they do indeed have a legitimate claim for the periods which I was bankrupt, despite their acknowledgement that they are not entitled to order for those debts 2. Are they able to add their legal fees that they accrued prior to bankruptcy on A buyer has offered to buy the house at the cost of the outstanding mortgage, which would enable me to move back with my parents and not have the pressure of the mortgage hanging over me. It means I can do things quickly, without the hassle and stress of putting the house on the general market, and get on with preparing for my next surgery, but it means that there would be no equity to pay the charging orders (both were absolutely not legitimate debts, but as I was suffering at the time, I didn't know what was going on until much too late to ask for them to be set aside). Is it possible to allow the buyer to purchase the house? What about the charging orders?
I bought the property back from the Trustee from the bankruptcy estate in mid 2014 thinking that my health had improved, but things have clearly not gone to plan health wise.
Any help would be gratefully received as the stress of everything is making me even more ill than I need to be, and I'd give anything just to have no stress at the moment.