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Bankruptcy continued...

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phae | 23:30 Mon 19th Dec 2005 | Business & Finance
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They acquired the liability order whilst I wasnt living at the property!

My life has been utterly devestated. No one seems to be able to help. I called the bankruptcy omnibus line which directed me to a website which had no relevant information.

I want to sue the council for their hard-handedness. The entire issue stems from a councillor saying he came to my property and spoke to me some years before and that I pretnded I was someone else. This is impossible as I was living in Australia until after the date he says he visited me! He then passed information to another company saying I was passing myself off as someone else and they put a charge on my property beleiving I was SomeOne else. I had to pay solicitors a load of money to resolve the situation, even though the other person involved presented herself with her passport to prove we were not the same people. This was resolved in the court waiting room... and I thought it was all over until I received the bankruptcy in 2004?

Who can help me?
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1. I assume that your debt was paid in full from the house sale proceeds, and that you are now discharged from bankruptcy.


2. You say you got �44K but the equity in the house was �90K. A lot of the difference will be the costs of the bankruptcy, and any arrears on the mortgage. You should have been given a breakdown of the costs. If you have not, you should ask for it from whoever arranged the sale - presumably the Official Receiver or bankruptcy Trustee. I think the Insolvency Service has some form of complaints procedure you can use if necessary.


3. An alternative to suing the Council could be a complaint of maladminitration to the Local Authority Ombudsman - you should be able to find info on the internet - or ask your Council.


4. If you got �44K last year and had no other debts I wonder how you are getting income support (or any other means tested benefits). The maximum capital allowed for that is �8K. Also, if you were getting income support while you owned the empty house did you declare this asset on your claim - the equity appears to have been such that you would not have been entitled to income support. You need to consider these issues before deciding to try and take action against the Council.


you mention the CAB could not help you but have you tried a Law Centre? The CAB should be able to direct you to your nearest Law Centre. They are staffed by local solicitors doing voluntary work. A solicitor should be able to understand the issues and advise you.

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