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ukmoneyadvice

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Post by ukmoneyadvice » Tue Sep 11, 2007 10:38 am
Hi all. The Bankruptcy annulment concept does work, however, in my experience it is usually directed at individuals who have been made bankrupt by creditor petition. Often when this happens, and Melanie is quite right, it is when people have buried they're heads in the sand to the point whereby I have spoken to people who didn't even realise that they had been made bankrupt!!.
The fees are excpetionally high in these cases, it does work may I add, but at an indirect cost of some £12,000.00.
Usually bridging finance is arranged, the debts cleared, the bankruptcy annulled and then a specialist re-mortgage put in place.
I have to say, people still receive such varied advice across the sector it makes my job personaly very hard. I, by and large, deal with practical debt management solutions for people, often when an IVA has failed or an IVA is not an option and the amount of people who receive such varied advice is shocking.
So, Bankruptcy annulment, it does work however at a price, like most things these days.
In my opinion, if you have petitioned for your own Bankruptcy, it is fair to say you have thought long and hard about your decision and I cannot understand why BPF would even consider mailing you. They are the largest firm doing it and in my opinion you would get around 10 letters from different companies. The fairest and most reputable I have seen so far is Absolute Financial. Hope this helps.

John Taylor-Groom has over 20 years experience in the Debt Management sector.

www.ukmoneyadvice.co.uk
www.blufinancial.co.uk
0800 280 2437
John Taylor-Groom has over 20 years experience in the Debt Management sector.

www.ukmoneyadvice.co.uk
www.blufinancial.co.uk
0800 280 2437
 
 

JulianSampson

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Post by JulianSampson » Thu Nov 08, 2007 6:22 pm
As a process their system does work and is incredibly efficient, and they have a regulated mortgage arm which has negotiated a unique rate with one Lender. Melanie is right that others have been doing this historically but the Lenders I advise were not being told by brokers the reasons (i.e. for an annulment bail-out) and Lenders (of which there are 3/4) will only now agree to repay the annulment bridge rather than fund the annulment itself. A correct annulment (with the more specialist judges especially) requires payment in advance and no Lender is going to expose itself without a guarantee of security which of course it cannot have whilst the bankruptcy is still live.

They are now annulling over 20, I would say, a month but my understanding is that the Courts and OR's have become increasingly aware of their presence in the market this past year and certainly Manchester and the High Court in London were putting huudles in front of their applications.

I couldnt comment on the merits though!

Julian Sampson
Solicitor
Wright & Wright LLP
www.wrightandwright.com
See my article in Clean Slate magazine
Kind regards

Julian Sampson
Solicitor
Wright & Wright LLP
www.wrightandwright.com
See my article in Clean Slate magazine
 
 

Adam Davies

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Post by Adam Davies » Thu Nov 08, 2007 8:25 pm
Hi
But they can only help where sufficient equity is available,therefore the debtor wasn't insolvent in the first place.
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

JulianSampson

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Post by JulianSampson » Thu Nov 08, 2007 8:31 pm
agreed- but is the debtor ever truly insolvent in these creditor petitoned cases? I have spoken to a couple of other law firms who act for council and utility companies and they have a clear and frankly, scarily systematic approach to arrears leading directly to the petition. I have reported one of them to the Law Society (as was) because in my view they fail are providing execution-only services to the creditors, they act unjustly to the debtors (contrary to our guiding principles) and lord only knows what the FSA would think!

Julian Sampson
Solicitor
Wright & Wright LLP
www.wrightandwright.com
See my article in Clean Slate magazine
Kind regards

Julian Sampson
Solicitor
Wright & Wright LLP
www.wrightandwright.com
See my article in Clean Slate magazine
 
 

MelanieGiles

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Post by MelanieGiles » Thu Nov 08, 2007 8:34 pm
Julian is right - I also practice in Northern Ireland where the bankruptcy method is one of the most popular forms of debt collection process. I have seen people made bankrupt over there with debts of less than £2,000 and assets of more than £2m - and I do more annulment based bankruptcy work in the province than insolvent cases. It is more rare in England and Wales, but I suspect is a growing trend as the process for petitioning becomes more automated and therefore less costly.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
 
 

Adam Davies

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Post by Adam Davies » Thu Nov 08, 2007 8:40 pm
Hi
Agreed.It's just that for people who use this forum and go bankrupt there is no magic answer as they have already looked at all avenues.
Maybe the mail shots should start by stating that it is only available to those people with sufficient equity to pay all their unsecured debts
regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Thu Nov 08, 2007 8:47 pm
Absolutely Andy - these mailshots are misleading to say the least, and most people who find themselves in such situation, will usually consult their own solicitor for advice in any case.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
 
 

Skippy

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Post by Skippy » Thu Nov 08, 2007 9:09 pm
They sent me one and I haven't even got a house!

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

View my blog at http://skippy13.blogs.iva.co.uk/
 
 

inversnecky

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Post by inversnecky » Thu May 22, 2008 4:55 pm
I have just come across this thread and find it quite amusing that an Insolvency Practioner seems to be against using an annulment company. Insolvency Practioners, in my experience, make terrifyingly large amounts of money on each bankruptcy that lands on their desk, so it is hardly surprising that they would not be too happy with a company that requires them to stop any further chargeable work being done.
 
 

MelanieGiles

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Post by MelanieGiles » Thu May 22, 2008 6:39 pm
Do you actually speak from proper experience of working in my profession - and can you qualify your comment about "terrifyingly large amounts"? And do you honestly think that a highly regulated and qualified professional would put a bar up against a debtor becoming free from their bankruptcy, by being motivated by the loss of fee income - or indeed that this would be allowed to happen by the debtor's legal representatives??
Regards, Melanie Giles, Insolvency Practitioner
 
 

inversnecky

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Post by inversnecky » Fri May 23, 2008 8:50 am
Yes, I do have "proper" experience of this profession and have come across many IPs who have made charges that were greater than that of the cost of the annulment proposed! I also came across one that charged for his many hours on Easter Monday even though he was on holiday, so you can understand my distrust of IPs. I am sure that you are not one of these IPs, but you must admit that not all are as trustworthy as I am sure that you are.

I just think that people should be allowed to look into all the options and costs and make an informed decision based on their own circumstances without a biased and possibly uninformed view from others that these companies are scam artists. The annulment process may not be suited to everyone and is costly, but so is a bankruptcy that is allowed to continue to the point of selling their home.
 
 

Phiney

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Post by Phiney » Thu Jan 15, 2009 4:47 pm
Hi All

I need some help. Although no one on here seems to have taken any "finance" from The Bankruptcy Proctection Fund you may be the lucky ones as i have been approached now by several who have, and who now face loosing their properties as a result.

I need any information at all in relation to this company even if only details of the mail shots they have sent you (incidently the Bankruptcy register is not supposed to be used for the soliciting of services which is a direct abuse of Public Information).

Should any of you have further informaiton or if you have entered any agreeements with this company please contact me directly

*no email addresses allowed in posts.*

Many thanks
Last edited by Phiney on Thu Jan 15, 2009 5:00 pm, edited 1 time in total.
Josie Venables
 
 

Phiney

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Post by Phiney » Thu Jan 15, 2009 5:06 pm
No email addresses are allowed to be posted on the forum. If people wish to contact you, they can ask admin to pass on their addresses to you.
Last edited by Phiney on Thu Jan 15, 2009 5:09 pm, edited 1 time in total.
Josie Venables
 
 

MelanieGiles

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Post by MelanieGiles » Thu Jan 15, 2009 11:01 pm
Would you mind clarifying who your are and what organisation your represent please - together with a note of what the "Bankruptcy Protection Fund" actually is?
Regards, Melanie Giles, Insolvency Practitioner
 
 

Phiney

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Post by Phiney » Mon Jan 19, 2009 4:44 pm
Hi

Certainly I work for Smooth Financial Consultants Limited, and The Bankruptcy Protectionn Fund are or seem to be an alias of Consolidated Finance, or Alpha Commercail , Alpha Mortgages. They approach clients as discussed above, refinance them, and secure charges against there property. I cannot go into further detail for legal reasons but if anyone has actually used there services then we are keen to here from you.

Many thanks
Josie Venables
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