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heno
Starting Member
United Kingdom
24 Posts |
 Posted - 19 May 2009 : 17:13:14
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Hi everyone,
This is my first posting on the forum, Can anyone give me some advice please?
I went bankrupt on the 30th march 2009 with no problems to date.
I've previously had a problem with MBNA, taking me to Northampton court to reclaim the outstanding money owed, they were successful after playplan completely messed it up, this was made before the bankruptcy petition was made.
I included the debt in my bankruptcy petition and now they are trying to get restriction order on my property.
Can they still do this, even if i've included them in the petition or do they have to go through the receiver?
Thanks in advance.
Dean. 
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 19 May 2009 : 17:35:40
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| If the debt is included in your BR then they shouldn't have a leg to stand on as the debt will have been written off. Contact your OR and let them know the issue with MBNA. |
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heno
Starting Member
United Kingdom
24 Posts |
Posted - 19 May 2009 : 23:39:51
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Thanks for your advise,
I thought that were the case, but i needed to check.
I will contact the OR in the morning and the court.
Thanks again.
Dean. |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 20 May 2009 : 06:16:39
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The OR will probably not be interested in pursuing this because they are busy
You need to write to MBNA explaining the situation, Their solicitors AND the court - send a copy of the Br order to each.
Creditors are still going ahead with charging orders even though they know one has gone Br - not sure if it is a deliberate plan to catch some folks out because of apathy or if they are not aware of the law. Not many solicitors are aware and when I have been to court to defend a charging order AFTER Br the creditors solicitor always seems shocked when I ask him politely to cease proceedings. Always takes the judge to check the rule book and give the solicitor a ? as to why they are wasting his time.
Pursue it otherwise it will occur
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
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heno
Starting Member
United Kingdom
24 Posts |
Posted - 20 May 2009 : 12:58:51
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Paul,
Thank you for your kind advise.
I will write to all parties today and i will let you know the outcome.
Kind regards
Dean. |
Edited by - heno on 20 May 2009 12:59:37 |
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heno
Starting Member
United Kingdom
24 Posts |
Posted - 30 May 2009 : 12:36:31
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Paul,
I took your advise, written to all parties, they have cancelled the application.
Thank you for help.
Dean. |
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Topic |
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Charging order on my house
