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F E Smith
F E Smith, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 18744
Experience:  30 years in general practice.
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I declared bankruptcy on 28.8.18. all my assets were handed

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Hi
JA: Hi. How can I help?
Customer: I declared bankruptcy on 28.8.18. all my assets were handed over to the insolvency services. On 10.9.19 Santander took me to county court relating to one of the properties taken by the insolvency services they were awarded a judjement in the favour of £395,0000.00. 0n the 10th of this month how can they be awarded this against a property I no
JA: Where are you? It matters because laws vary by location.
Customer: This was Liverpool county court
JA: What steps have you taken so far?
Customer: longer possess.
JA: Anything else you want the lawyer to know before I connect you?
Customer: only how stressed i am. thanks

Good morning. I will assist with your question - be aware this is an email not chat service and therefore maybe delayed in replying.

im not sure what you mean here please - can you clarify?

Customer: replied 1 year ago.
I entered bankruptcy on 28.8.18, I was discharged last month. All my assets were taken namely rental property via 2 lenders CHL and Santander, I had no problems with CHL but Santander harassed and pestered me continually, I always referred them back to the insolvency practitioner who told me "you do not need to do anything". On the 9.9.19 Santander successfully gained a county court judgement against me for £395,000.00.
I was unable to attend as I only found out about the case on the 3.9.19 and am presently in Serbia. I sent an email in my defence stating the situation and contacted the court the before the hearing to make sure it had been received.An Order of possession was made stating;Upon hearing Representative representing Santander UK PLC and upon Mr ***** ***** Monk not attendingThis order has been made on discretionary grounds and the court orders that
1. The defendant gives the claimant possession of 3 York Terrace, Southport, Merseyside, PR9 9BG on or before 7.10.19.2. Money judgement for outstanding balance of £395,336.96I am waiting to hear back from the insolvency service, but in the meantime could you explain this judgement, does this mean that if they get the property back by the 7th that is the end of it? or, are there further financial implications if it is done by this date?Regards Andrew

If ever there is a court hearing and you do not attend, even though you may send something in writing, it will nearly always go against you which is what happened here.

I am not surprised the lender got the order although if you were bankrupt, they could have had this before.

What does this mean?

They get the property back by 7 October and you owe GBP395,000.

As you haven’t got that money, and as you have been discharged from bankruptcy, then they could pursue you to bankruptcy again!

However if that property was included in your list of assets for the bankruptcy, it’s unlikely they would be able to pursue a bankruptcy order quite simply because the debt was extinguished in your previous bankruptcy.

What I think is happened here is that the idiot solicitors have simply gone ahead with the application for possession and for the debt without realising that the property was actually vested in the trustee in bankruptcy and it’s the trustee in bankruptcy they should have been dealing with.

Basically, the court order is defective although it’s not really worth arguing the toss unless they try to make you bankrupt again.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

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