Removal of a 2nd Charge

[Burnedout77]

Hi First time caller, long time listener


This is a mess, so I hope to keep it simple
2010 signed a 2nd charge on my property for 20k with an individual
2011 business fell apart
2013 he bankrupted me But in his petition said he had no security in my estate
2016 release from bankruptcy, trustees report gave no dividends
2019 he contacts me to tell me I owe him £34.5k (made up of interest)

I contact OR he confirms that the Loanee did not submit proof of security. I have been told to pay him nothing

Hard bit. I asked him to remove his charge as the debt it related to had been included in the bankruptcy. He refused.

So can I get a court order to have it removed. If so, how do I do this. Can I do it myself, or do I need to hire a solicitor to do it.

Thanks in advance for your advice

[Burnedout77]

Also of note. I am still in the home to which he has a 20k charge on

On his petition for my bankruptcy point six, he stated he did not have any security over my estate.

[pt2537]

Hi First time caller, long time listener


This is a mess, so I hope to keep it simple
2010 signed a 2nd charge on my property for 20k with an individual
2011 business fell apart
2013 he bankrupted me But in his petition said he had no security in my estate
2016 release from bankruptcy, trustees report gave no dividends
2019 he contacts me to tell me I owe him £34.5k (made up of interest)

I contact OR he confirms that the Loanee did not submit proof of security. I have been told to pay him nothing

Hard bit. I asked him to remove his charge as the debt it related to had been included in the bankruptcy. He refused.

So can I get a court order to have it removed. If so, how do I do this. Can I do it myself, or do I need to hire a solicitor to do it.

Thanks in advance for your advice

Its surprising the secured debt was included in the bankruptcy, thats not normally the case https://www.citizensadvice.org.uk/de...ruptcy-covers/

I think its going to be a headache to sort this out now after the event, it should have been dealt with at the time, id have defended the BR on the basis the debt was secured and no order should be made

[Burnedout77]

The bankruptcy was malicious. He just wanted to hurt me. He did, and he is trying to do it again.