B10 notice isssued 14 days before due to complete home sale to cover debt

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Hi, I am desperately hoping that someone can help me. I have struggled financially for some time due to family and serious health problems. My problem is that just over a year ago solicitors acting on behalf of a same day loan company issued bankruptcy proceedings against me. Th debt was only just over the minimum required to go down this route and no other route had been looked at. As a result the claim went from £800 to £3500 including their costs. I had already brought it below £700 before the hearing. They had not served the statutory demand properly either as thy claimed to have served to someone who had not been in my property for over 6 months ( a representative had previously met said person when I had asked for info and he dropped it in on ay home as lives locally) All in all the judge was not impressed and decided to dismiss the application for bankruptcy and deny their application for costs. He indicated that it was in fact a misuse of court time and was poor practice. (His view not changed by representations from a very young solicitor that he the judge was not up to date in case law though judge able to show it was solicitors misreading) Anyway a few days passed and the claimants solicitor began to harass me for payment of their costs. I as advised to refuse and take them to ombudsman but I was just so upset at the time and more concerned with moving on and dealing with some serious health issues so I just gave in and said I would pay. Unfortunately I could not keep up these payments having been out of work for 3 months due to stress caused by above. My GP even wrote to tell them this. I decided that I would sell my much loved family home and move to a much smaller property to release enough equity to pay off my mortgage and all my debts. Meanwhile they sent another Stat Demand in April. I contacted them and explained the position reaching an agreement that they would not pursue bankruptcy if I agreed to pay £2350 on sale of my house. I agreed to instruct my solicitor accordingly but explained that completion would not be in July / August as I would need to have help from a relative living away who could only be available at that time. (I am disabled) This week i had a letter from the Land Registry (B10) with court date at end of August when I no longer have help to move and may have lost buyer. I am confident hearing will go in my favour as plan is already in place to pay them but can I still go through with the sale or can the B10 be set aside if the solicitor undertakes to pay out of equity? By the way they have now added a further £1000+ to their costs. Please help!!!!

[Amethyst]

Re: B10 notice isssued 14 days before due to complete home sale to cover debt

''As a result the claim went from £800 to £3500 including their costs. I had already brought it below £700 before the hearing. ''

"dismiss the application for bankruptcy and deny their application for costs."

In that case there should not have been ANY costs added to that - the stat demand was chucked out by the judge and their costs refused. How much have you been paying them and for how long ?

Who is the solicitors firm ?

Who was the original lender ?

The Land Registry don't usually send out court dates. Is it a letter from the court regarding a charging order ?

It might be helpful if you can take a picture of the letter you have received - if you can you can email it to me ( admin@legalbeagles.info ) It sounds like this solicitors is taking advantage of you, for a debt you do not owe.

Have you sought any help from anyone like Citizens Advice throughout this ?

[nemesis45]

Re: B10 notice isssued 14 days before due to complete home sale to cover debt

Is this not being used juts to register the agreed interest of £2350.00.
Check with yours sols would be best.

nem

[Amethyst]

Re: B10 notice isssued 14 days before due to complete home sale to cover debt

B10 is registration of bankruptcy

[nemesis45]

Re: B10 notice isssued 14 days before due to complete home sale to cover debt

B10 is registration of bankruptcy

In this case I suspect it being used as an alert to the fact and agreed amount
is to be paid out of the sale. i.e. registering an interest in the estate.
Frequently used this way so the solicitors and other interested parties are
made aware of restrictions on the sale of property.

nem

[Amethyst]

Re: B10 notice isssued 14 days before due to complete home sale to cover debt

mmm - that second stat demand must have proceeded regardless of the agreement

. Meanwhile they sent another Stat Demand in April. I contacted them and explained the position reaching an agreement that they would not pursue bankruptcy if I agreed to pay £2350 on sale of my house.

[nemesis45]

Re: B10 notice isssued 14 days before due to complete home sale to cover debt

mmm - that second stat demand must have proceeded regardless of the agreement

Doesn't appear to have been set aside, one wonders however how the agreed payment was " secured" at the time.

nem

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Re: B10 notice isssued 14 days before due to complete home sale to cover debt

Hi Thanks for your responses. The B10 says it is Notice of registration of a bankruptcy notice. I only know about court hearing because leter from Land Registry advised to contact court to get details which I did. And advice from CAB and National Debtline is that the solicitors could not pursue me for costs etc hence advice to go to Ombudsman but as I said they just wore me down knowing I was vulnerable due to letter from my G.P. I have gone beyond caring about injustice of it. Just want to go through with my house move and start again. Every month that I stay I have to pay my huge mortgage anyway whereas I could move and reduce to virtually nothing. I am fighting to just keep well enough to survive.

[nemesis45]

Re: B10 notice isssued 14 days before due to complete home sale to cover debt

Hi Thanks for your responses. The B10 says it is Notice of registration of a bankruptcy notice. I only know about court hearing because leter from Land Registry advised to contact court to get details which I did. And advice from CAB and National Debtline is that the solicitors could not pursue me for costs etc hence advice to go to Ombudsman but as I said they just wore me down knowing I was vulnerable due to letter from my G.P. I have gone beyond caring about injustice of it. Just want to go through with my house move and start again. Every month that I stay I have to pay my huge mortgage anyway whereas I could move and reduce to virtually nothing. I am fighting to just keep well enough to survive.

Hi how was the arrangement to pay this £2350.00 out of the sale put together on the understanding the SD was withdrawn?
With some other form of agreement securing the payment?

nem

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Re: B10 notice isssued 14 days before due to complete home sale to cover debt

Unfortunately it was a verbal agreement but the person I spoke to sounded so much more helpful than previous conversations. I know that was a mistake but I am very trusting despite all this. Do you think this will definitely delay the sale? I am not worried about outcome of court case as am sure judge will consider my offer reasonable and I record all conversations as I have them to make sure I keep track of things but iif I can't sell now afraid I won't ever get free.

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Oh and as I said will pay them what they are asking even though it is not justified but can't do that unless I can complete sale.

[nemesis45]

Re: B10 notice isssued 14 days before due to complete home sale to cover debt

Unfortunately it was a verbal agreement but the person I spoke to sounded so much more helpful than previous conversations. I know that was a mistake but I am very trusting despite all this. Do you think this will definitely delay the sale? I am not worried about outcome of court case as am sure judge will consider my offer reasonable and I record all conversations as I have them to make sure I keep track of things but iif I can't sell now afraid I won't ever get free.

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Oh and as I said will pay them what they are asking even though it is not justified but can't do that unless I can complete sale.

I have answered you comments on your other recent thread.
It is possible this may not affect the sale, it would be a good idea to speak
to the solicitor on Monday and ask why the B10 was issued.

nem

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Re: B10 notice isssued 14 days before due to complete home sale to cover debt

Hi. I just wanted to thank you for your support over the weekend. I have asked my solicitor to handle all further correspondence from these people but I have agreed to pay because I can't face any more conflict and by managing without some stuff which would help with my disability for a while longer I can pay off completely. I would lose a lot financially if I lose the sale of my house as well as it damaving my health. What I save on mortgage payments will help fund the equipment I need so in many ways I am luckier than many. I know that I shouldn't give in because every time someone gives in it makes it worse for others. I just know that this may be my only chance to finish this. I know that I will never get a loan again however confident I feel about repayment as you never know for certain that things won't suddenly change. Anyway it really helped me to feel there was hope and that whatever happens I still have my children and that is what matters. I don't have experienced in the area of debt but I have expertise in other areas so when this is over I may be able to give back something. I will let you know when it is all sorted