| T O P I C R E V I E W |
| Jen.321 |
Posted - 13 October 2010 : 20:28:43
My husband has been made bankrupt and the OR has contacted all his creditors. however, one company in particular (a subsidiary of one of the Big banks)keeps harrassing him by phone - often several times a day - and at work. He has told them repeatedly to contact the OR but they seem intent on beating him into submission - presumably for him to pay them (although they are 2nd chargees so are down in the pecking order) Do you have any advice?? |
| 6 L A T E S T R E P L I E S (Newest First) |
| Bigal4787 |
Posted - 17 October 2010 : 09:44:40
Hi Jen,
regarding the second chargee that is harrassing your husband, what exactly is it? Is it secured lending that your husband obtained on the property, or is it a charge that an unsecured lender put on the property through the courts?
If it is a charge obtained by an unsecured creditor, is it an interim charging order, or a final charging order? That information,should be on the current Land Registry document for your property, or you should have received a copy of the order when it was obtained.
Depending upon whether it is an interim or final charging order will have an impact on whether they can still pursue your husband or not(who is the creditor by the way?)
Big Al |
| Richard P |
Posted - 15 October 2010 : 17:24:52
Hi Jen
IN relation to the property that is subject to the second charge is that going to be repossessed or already repossessed ?
Is it a second charge on your family home ?.
If it is family home answer as per Blackie.
If property is going to be repossessed then debt is likely included in your bankruptcy .
regards Richard |
| Blackie |
Posted - 14 October 2010 : 14:01:52
Hi Jen
It sounds as if the creditor who keeps harrassing your husband is a secured creditor and has a charge on your property (after the mortgage company). You should have been advised that secured debts are excluded from the bankruptcy. You will need to keep up payments to the secured creditors or you risk the house being repossessed.
All the Best
John Blackadder |
| debtinfo |
Posted - 13 October 2010 : 22:53:07
within the normal rules for creditors of course |
| debtinfo |
Posted - 13 October 2010 : 22:52:37
if the debt is secured then they still have the right to contact him until the asset is realised |
| Skippy |
Posted - 13 October 2010 : 20:40:00
Hi and welcome to the forum.
I'm sorry your husband is having problems with a creditor. I had a similar problem so I asked them to confirm the correct address to write to and sent a copy of my bankruptcy order. It seemed to work as I didn't hear from them again.
It doesn't work in every case, but it's worth a try.
View my blog at http://skippy13.blogs.iva.co.uk/
Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.
Last IPA payment made on 28th June 2010 - it's over at last! |
