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Most worried
New Member
77 Posts |
 Posted - 16 August 2010 : 09:18:06
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Hi everyone
I went BR just over 3 Mnths ago and its been completely quiet.
Had a letter from OR the other day stating my car is exempt and my landlord has also had one of those standard letters to state my situation.My problem is now,slightly suprising I might add:
My landlord knew about my BR and was happy to have a letter from the OR about this and happy for me to stay as I have never had any problems and been a good payer etc.
He does,however, feel he has no obligation to 'reply' to the letter as he does not want to be involved.
My bank statements will show the rent money being taken out at the same time approx every mnth since 7-8 years ago........will that be enough for the OR..?
I can see his point and I can see the OR needs to know where I live...??
Any suggestions...?
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 16 August 2010 : 10:08:32
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It is fine if your landlord doesn't want to reply to the letter. As far I am aware he isn't under any obligation and the OR only has authority over the person who is BR.
The letter to the landlord isn't normally to check where you are living but to confirm that you are not behind in your rent as these debts would also go into your BR.
The OR doesn't always contact the landlord. In my case they were happy with a copy of the rental agreement and my bank statements from the last year showing the rent being paid each month. |
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Most worried
New Member
77 Posts |
Posted - 16 August 2010 : 11:07:00
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Thanks so much for your reply GOOD.
I can see his point of view that he doesnt want any involvement whatsoever.
He is very particular about things like this as he himself has never been in debt or any trouble..he is THE law obiding citizen I suppose, but in a nice way.
Ill tell him he doesnt need to reply and that should keep him happy.
I have no rent arrears and never missed a payment.
.....by him not replying to the letter though..does this 'slow' my case down???
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 16 August 2010 : 11:19:46
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If the OR is waiting for the reply then it may slow you case down a bit but you can only be BR for 12 months any way. You could always mention to the OR that your landlord doesn't want to get involved in your BR so doesn't want to respond to the letter and see what they say.
If your bank statements show the rent being paid each month then I can't see that the OR would find it a major issue that your landlord doesn't respond. The letter from the OR is really more to protect the landlord and to make them aware that you are BR in case you owe them money. |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 16 August 2010 : 12:37:14
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Hi MW
some of the banks do not reply to the OR.
The OR may just let it go that he has not replied the only time they may become insistant is if your rent is slightly higher than the expected norm for that area.
So you may have to provide comparables inorder that you can justify your entry in the I & E (right move or local estate agent)
regards Richard
regards Richard |
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Most worried
New Member
77 Posts |
Posted - 16 August 2010 : 14:12:37
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quote:
Originally posted by Richard P
Hi MW
some of the banks do not reply to the OR.
The OR may just let it go that he has not replied the only time they may become insistant is if your rent is slightly higher than the expected norm for that area.
So you may have to provide comparables inorder that you can justify your entry in the I & E (right move or local estate agent)
regards Richard
regards Richard
Hi Richard and thanks also for your help.
According to my BR assistance comp my rent is way within the expected levels for where I live, and seems pretty normal judging by lots of other forum posts etc.
I support my landlords wish to be informed of my BR being what was expected and also that any correspondance from him would be in his view 'getting involved'.
So as far as I know he will only keep the OR letter and not reply.
He is happy for me to stay, but I do get the feeling it could change if he feels he is being forced to be involved....and I really wouldnt know where to start looking for another place to rent etc!!!
Im quite sad though as my OR said at the end of my interview she would recommend me for an early discharge after 5-6 mnths......and I could see this not happening now because of the recent event!
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debtinfo
forum expert
2826 Posts |
Posted - 16 August 2010 : 19:15:58
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Technically the OR can privatly examine in court anybody appearing to have information about the bankrupt so the OR could compell the landlord to answer and him not replying is likely to cause the OR work in that they may need to disclaim the property.
However as has been said the OR is likely just to keep trying until you are discharged and so it is likely to just slow down your case |
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Most worried
New Member
77 Posts |
Posted - 17 August 2010 : 10:58:46
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Hi and thanks to you all for your replies.
I feel ever so deflated because of this situation!! I was 'almost' enjoying the slight feeling of relief for at least having gone to court etc, but now I feel this has really put a 'slow'to my case...and for not my fault!?
Is there anything I should or could do here.....?
When I had my OR interview the lady I was interviewed by seemed genuily more concerned abut things like:
I get to keep my car as they WANT me to continue work and also asked if there would be any trouble with my landlord because of me declaring BR...I pressumed she asked me the last question as they wouldnt want me to incur problems....?!
Should I email her and explain my landlords view/feeling about this...?
Help!!
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 17 August 2010 : 12:16:08
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Hi MW
speak to your OR, at least they will then understand why their is a delay.
think of it that you will be BR for a whole year any ealier is a bonus.
Richard |
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Most worried
New Member
77 Posts |
Posted - 18 August 2010 : 15:55:06
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Hi everyone and thanks for your help.
Apart from worrying myself nauseaus about this, I have come to the conclusion that all I can do at this moment is wait and see...at least for the next 2-3 weeks.
If the OR sends my landlord another letter and he gets angry I'll have to try and speak to the OR and explain about the possibilities that I may be homeless should they insist on correspondance from him.
They already have my bank statements for at least 1-3 years showing the same amount taken out at payday!? Its always been the same and always given to my landlord...and my rent amount is DEFINATELY well within the normal for where I live...infact possibly a bit low, but thats because Ive known my landlord through friends for years.
Looking at the net I can tell I'd have to come up with about another £100-£150 to rent similar through someone unknown.
...sigh...is my 'battle' plan any good you guys?? Soo Sooo nauseaus about this!!!!
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 18 August 2010 : 18:01:05
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| That sounds fine and, as you say, there isn't really anything you can do. Just wait and see if the OR chases your landlord for a reply or not and then take it from there. |
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debtinfo
forum expert
2826 Posts |
Posted - 18 August 2010 : 18:13:33
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| It isnt just about the amount you see, it is about the agreement that the OR can become a party to, Because the tenancy agreement could be written in any way the OR needs to make sure that he does not become liable for anything (have you got a copy yourself you could send to the OR) or conversely the agreement could be written that after a certain amount of time the totle to the house passes to you etc etc, so the OR is just trying to ascertain the situation |
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Landlord doesnt want to reply to letter...
