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| ste.s |
Posted - 01 May 2008 : 02:13:38
well it is only just over 30 hours before I have to make my case in court for the prevention of an eviction order which has been applied for by my Trustee following a possession order being granted in December 2007 (e did vacae the property in the timescale of this order) the Trustee seems to think that we are still in the property (which is not the case) - the Trustee did not secure the vacant property after we removed from it and damage was done to the property hich is in a high crime area - the Trustee then gave the posession of the property to my Mortgage company who handed posession back to me - this has brought us to the current situation where we are no to be the subject of an eviction order.
My questions are as follows:-
1. Should a posession order have been granted in the first place to the Trustee as they placed a charging order on the property in 2006 and from what I have read in section 33.19EA
copied here
33.19EA Application for a charging order
Where the official receiver or trustee is unable to realise the property for any reason, he/she may make an application to the court for a charge on the property to the value of the bankrupt's interest for the benefit of the estate. In this case the property ceases to vest in the trustee and will revert to the bankrupt (subject to the charge)[/red]
This paragraph seems to indicate that once the Trustees have a charging order on the propety then they no longer have the rights to posession of the property and that the property will re-vest with the Bankrupts in the case of jointly owned property.
Is there something I am missing here??
or is what I am reading the way we should be going to prevent an eviction order being allowed by the Court.
HELP Please - I only have tomorrow to make my case strong enough
many thanks
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| 3 L A T E S T R E P L I E S (Newest First) |
| ste.s |
Posted - 01 May 2008 : 15:11:03
No unfortunately I csnnot afford legal representation with a morgage and rent to pay and trying t repay my creditors, we finally gt the statements from the Social Security shwing that we were exempt from the council tax that they have made us bankrupt for - well most of it anyway and that all the housing benefit and council tax relief we received was repayed out of my industrial injury settlement and totaled more than 16 thousand pounds. The Trustee also admits that the Council have never actually stated a figure to them or confirmed any figure that is outstanding but the Concil are also still billing me for the amount they made us bankrupt for - just do not know where to go from here - that house was my pride and joy and I ut all my industrial injury money into it to buy it = I have pleaded with the Councl tax people but am getting nowhere - they have the paperwork also but will not do anything about it - the reason it went this far with the council tax people is because I was out of the Country for some time and informed them of a care of address in Ireland (my brother was dying and I was out of the country until after his death at age 2)) but despite this the council wrote to me at my address in the UK so we never got any of the paperwork - oh ths is just a mess - all i can do is go to court and put my case for a suspesion of the eviction by mentioning to the judge that there is already a charging order on the property in favour of the trustees and hope that the highlighted section of the act is enough to at least stall it - we had a success when the Trustee insisted that we owed the inland revenue money and I kpt telling them that we did not but they insisted the result ended up being that we got more than 6000 pounds back from the inland revenue and an 8000 bull from the trustees to process the paperwork - you just cannot win
many thanks
will let you know what happens.
quote:
Originally posted by melanie_giles
Have you got any legal representation for tomorrow's hearing? This whole case seems a complete pickle - and if there is a charging order in place in favour of the Trustee, I cannot see why they have gone for possession proceedings as well.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com
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| ste.s |
Posted - 01 May 2008 : 15:05:45
i cannot aford any legal rep tommorow but ive gone through all my papers and just trying to find any mistakes that the trustee has done,for example the standard charging order that they have,the possesion order they were granted but gave up to the morgage lender,i wish i could aford to have a solicitor tomorrow but im paying a morgage on one property and rent were i live,its a strange case but so far the help from this site and the sister site has helped a great deal mainly the link you gave me on a previous post,if anyone can give further advise and help it is greatfull.
thanks ste |
| melanie_giles |
Posted - 01 May 2008 : 09:09:22
Have you got any legal representation for tomorrow's hearing? This whole case seems a complete pickle - and if there is a charging order in place in favour of the Trustee, I cannot see why they have gone for possession proceedings as well.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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