Hi,Have found this forum by googling

[Fugazi]

Melanie,

This person works directly for the government and is a solicitor dealing with insolvency, where as they cannot advise on options concerning debts they can answer specific questions relating to bankruptcy.

As all my interest in the property was transfered to my x-wife at the time of our separation and the only way the clauses in our separation agreement can be activated is if my x-wife sell, marries or inherits. At the time of our separation their were no unsecured debts in either name, so the OR would not view the transfer as me trying to pass off assets in lieu of bankruptcy.
He told me the only way this would become an issue is if my x-wife activated one of the clauses, then the sum would be expected to be paid to the OR to distribute to my creditors.

I'm happy the information I have been given is accurate, these people have no vested interest in giving information that is false or open to debate.

[MelanieGiles]

Then I wish you the very best of luck with your application.

[Fugazi]

Melanie, I took your advise and contacted someone (Paul Johns from this forums sister site) and he basically explained that because of the clauses I have in my seperation agreement the OR would consider this an asset and take over ownership of the agreement, which would mean my x-wife would never be able to sell the house, remarry etc.
This means I'm afraid that there is no way I can petition, I will have to wait at least another year so that my divorce falls outside the 5 year window, so here I am back where I started a few months ago ... basically paying DMP for 14 years.

[kallis3]

Surely after another twelve months you can petition? If so, you'll just have to grin and bear the DMP for that time and then try again.

I'm so sorry you are having such an awful time of it.

Hopefully things will start to look up in the future.

[Fugazi]

Yeah Kallis, I probably will petition again in a year, just being a bit melodramatic.

[kallis3]

It's bound to get you down - things just haven't gone your way at all.

Don't forget that you can rant on here, have a moan or just get support during these difficult times.

Keep posting to let us know how you are getting on, and in 12 months time, we'll be here to help you all over again.

[MelanieGiles]

Notwithstanding any of the advice you have received from people so far, I still feel that you should go directly to a solicitor with the paperwork and get a detailed opinion. This might cost the equivalent of one month's DMP payment, but at the end of the day it might set your mind at rest once and for all about the legal position of this property.

Neither Paul and I are lawyers, after all - and if faced with this situation practically, I would take legal advice if acting as Trustee before proceeding.

[Fugazi]

Melaine,

I wish I could go to a solicitor and take legal advice, but I really cannot afford to. My DMP kicked back in as soon as the IVA failed so I have nothing spare. I have a telephone meeting with my DM supervisor on Tuesday to add the new creditors to the DMP and re-do and I & E.

I've already had 3 letters come through with notice of default ... not that I will bother reacting, if they ring I'll ask them to contact my DM team as they have full authorization to act on my behalf.

[kallis3]

A lot of solicitors will give an initial consultation free, give a few a ring and see if you can find one who can help.

[Max]

My solicitor friend has told me that if you live near a Uni with a law school you will get advice from there - also, to try a Law Centre - many of the cities have them - they are run by solicitors and barristers on a pro bono basis

[Fugazi]

Thanks all, will have a look around and see whats about

[Max]

Good luck to you - I hope you get your problem(s) solved and NR with them!

[kallis3]

I hope you get sorted as well - you deserve a break.

Let us know how things are going on.

[Fugazi]

Well I contacted a solicitor who gave me a 30 min session for free and basically he told me the same thing as Paul did, the OR will see the separation agreement clause as an asset and take over ownership of it.

I've spoken to my DM manager and all the new creditors are now on the list ... daft thing is my payments will be £101 per month and guess who the first to accept the reduced payment were ... NR!!! .. go figure.
Three others have also accepted so its just Lloyds, Mint & Barclaycard to go.

My x-wife and I have an appointment with her solicitor to get the clauses from our separation agreement removed and then all I have to do is wait a year, I will then take more advice about BR as I believe the OR can claim back assets if they feel they were disposed of in order to remove them from BR consideration .. hopefully that won't be the case with the clauses in the seperation agreement.

I may even go for the IVA again in a year .. if NR's policy changes.

[poppyfairy]

Hi Fugazi

So sorry to read of all the hassle you have had trying to get your IVA and then looking at BR. What I will say is that I went BR two weeks ago and the whole process since, over the last two weeks, has been far from easy. BR is not an easy option it really is there if you can't do anything else and you need to be prepared for how it affects you on so many levels from emotional to practical.

What I would say is that in a year things can change dramatically for a person. If you are going to keep going with the DMP until all your legals are sorted out then for the next year I hope you can try and relax a bit. When the time is approaching for you to be able to look at options please consider the experts on the forum - they are totally and utterly brilliant (Some are IP's).

Also, you will have the time to really look into what is the best option for you whether it is IVA or BR. The form filling for BR can look overwhelming but the CAB do a fab website with an example of both forms on which really helped me to get the forms right first time.

I do wish you all the very very best of luck. Some of the banks stink . I have had major probs with Halifax. They were not a creditor - I had an account (basic) for 20 years - always in credit etc. Never borrowed from them. As soon as BR announced - shut my accounts down. They guy in the BR department told me to go and plead with my bank manager and 'maybe' I would be allowed some form of account well after discharge. Going in to get my money out (the OR had to arrange it) I was made to feel like the scum of the earth. So if you are with the Halifax still in a year's time and going for BR - move very quickly. The Co-Op are fab. They have opened me an account now - post BR announcement and were so so supportive.

Good luck and let us know how you are getting on.

Poppyfairy [:)]