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Hi - this is one for the BR experts

I got a letter from my Trustee's solicitors to-day. Oh deep joy [8)]

Apparantly they want to posess my house, and have arranged to take me to court to get a possession order on the 9th of Jan ... and a very happy new year to them too ..

I expected it so its no big shock [8)], I just didn't expect it quite so soon [:(!] .

Anyway .. get to the point .. quote
"I am instructed by the Trustees that provided you do not oppose the making of orders in terms of the Ordinary Application, they will not seek an order for costs "

But in the application for request they have requested an order that the Respondent do pay the Applicant the costs of this Application.

Is this normal [?]
I'm bankrupt Ive got sweet FA savings, Im paying a massive IPA of £80 .. so even the OR recognises that I dont have a lot of dosh .

I'm of a mind to go to court wearing my kilt, so that they can kiss my large fragrant scottish bottom [}:)]

They also 'respectfully suggest that you should seek independent legal advice ' ..FFS have these folk any idea what it's like to be skint .. there's no way that I can afford a solicitor even if the OR let me off with a months IPA, legal aid .. I dont think so .. I work full time.

Anyway I have a cunning plan, if my demented scheming comes to fruition then I will be moving into a rented property a week before the court case.. and they can have the keys . Fingers crossed that the landlord is ok with a BR tenant.

Mutter, mumble, weird highland cursing etc etc.

Slainte - Im having a large one [8D]
Mish

Will an automatic discharge hurt.

Mish

You should fight this and seek legal advice now. Your daughter is still in full time education, and I feel it is very unlikely that they would get an order for sale until she leaves full-time education. The will get a possession order, but deferred until she is self-dependent.

You would of course have to bribe her to stay and do her A levels, go to uni and then do a PHD, by which time you would probably have saved enough money to buy the equity back from the OR when you are discharged.

If sproglette agrees! you then continue to pay the mortgage payments - interest only is best - but probably better to "rent" your own house than someone elses. This is just an idea/opinon and not proper advice, so do find a solicitor - Leathes Prior in Norwich are very good, and worth 1/2 hours free consultation to see what they say.

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

[:)]
Thanks Melanie,

Sproglette is leaving school as soon as she can , summer 2009, she hates school , always has, shes a school refuser and I have a constant battle with the Ed Auth. They are very good and helpful, most of the last year she has done it all at home .. and incidently flew thru her sats ..we are looking at doing it totally at home using a group called NotSchool which is entirely IT based.

So no chance of extending it , shes desparate to get out and start work.

Im already paying intrest only, stopped payments as of to-day, of £475 a month .

Im ok about losing the house, really, and its as well now as later.
I've no chance of saving to buy the equity in the time scale even if she did stay on, and then I'd have to find a way to raise the capital at the end of the term - I retire in 11 years.

Im just a bit pee'd off with their reference to paying costs , when Im having the house possessed because of BR, it just seems a tad unfair. If I end up going to court I will fight them on that if they play silly uggers.

On the renting front, I have found a letting agent that is ok with me being bankrupt, they just want one months deposit and one months rent in advance. They like me .. given who I work for I guess it makes me pretty stable and as well as being a letting agent they are financial advisors, do mortgages, dmp's and will help with insolvency - they are FSA registered. I guess they know the score and are recommending me to the landlord , just waiting on the references going thru.
Its a joint tenancy , a mate ( also a single dad ) and I are jointly trying to rent a 4 bed house, 2 blokes, 2 daughters, cat, dog, 2 pythons, 2 cars and 5 motorbikes between us all.. its 'cheaper' renting a 4 bed than renting a 2 bed once you split the costs .. my share of the rent will be £425 a month , council tax will be higher but again splitting costs .. The house is about 7 years old, large, new private estate with small garden and garage ... fingers are firmly crossed.

It will be weird sharing a house with a bloke , but we are both pretty laid back .. we are looking at a 5 year period, mine will be 20 by then his will be 22 , I'll also get my first pension of around £5k so will be in a better position to get a ol geezers flat.

I'll know in about 2 weeks and tenancy is due to start 7 days before Im due to go to court.

I just want to wipe the slate and have a clean start.

Slainte
Mish [8D]

Will an automatic discharge hurt.

Oh I am so glad that you have sorted out rented accomodation, and living with a friend definately has advantages. I would have thought it will be quite good fun - do you remember the film "The Odd Couple"!

On the subject of costs, you will not be held liable for any costs - you can't be whilst a bankrupt - and these will be borne out the equity, so it is all a bit academic really!

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