Author Topic: Bankruptcy paid before court case. was a marker put on my house?  (Read 21827 times)

qwerty123

  • *
  • Posts: 3
Hi All,

I had bankruptcy proceedings issued against me. I was lucky and was able to pay by the court date.
I did attend the hearing and as i paid it was fine. I did not use a solicitor.
How can i find out if a 'marker' was put on my house?
What is this 'marker' called?
How can i clear this marker?

thanks

Lisa Thomas

  • Hero Member
  • *****
  • Posts: 119
Re: Bankruptcy paid before court case. was a marker put on my house?
« Reply #1 on: Nov 13, 2017, 12:38:05 PM »
Hi if you paid before the Bankruptcy hearig presumably the bankruptcy hearing was withdrawn and you were never made bankrupt?


The 'marker' you are referring to is known as a restriction and you can verify this by ordering an 'office copy' from the land registry for a few £.  However if you were not made bankrupt a bankruptcy restriction would not have been placed over your house.


If however a creditor obtain a CCCJ and a charge over your house they should remove it after payment was made.
www.Nevilleco.co.uk 01752 786800

qwerty123

  • *
  • Posts: 3
Re: Bankruptcy paid before court case. was a marker put on my house?
« Reply #2 on: Nov 17, 2017, 09:21:21 AM »
Hi Lisa,

Perfect, thank you very much for this information.
We were kept in the dark by an unscrupulous law firm that visited on the 21st dec and we were away.
therefore we could not respond. they also spoke to our neighbours a month later before posting another letter to us
which we have on cctv. This neighbour is very jealous of us and caused trouble regarding this matter for us
and started to intimidate my wife and I. We then had an arrangement to pay £2k per month but they still issued the proceedings and had to go to court. I was away but came back for the court date and we had another month. we got the money and paid so no CCJ or bankruptcy was issued.
Not happy though as I have a letter from the company agreeing to the payment plan but they still did this.
We have a lot of evidence, we were kept in the dark, the process servers did not [** sorry, no personal contact invitations allowed **] reasonably as when they wrote to us they did not write any details about what it was about. literally just a phone number and call us. so we didn't
as we didn't know what it was about. Had they stated what it was about or a reference number i would have called them. we get all kinds of junk mail.

anyway its done.

however the solicitor they used made a threat against me in the court meeting room which we recorded with his permission.
as they constantly lied we asked if we could record what he was saying about the agreement for costs, then after this i asked him why they kept lying to us and he made a threat to me and it was recorded, he acknowledges the recording at the beginning and spoke on it for us. He agreed to send us bank details within a week so we can pay the costs (which we disagreed with but just want to end this) we never got the details so never paid the costs and wrote to the judge explaining the whole sad situation including the threat and why we hadn't paid. they wrote to me so i wrote back stating they had breached the court ordered payment agreement by not sending us the bank details and that we have a recording of a threat made by their solicitor so asked them to issue legal proceedings which they stated in their letter to us that they would do. I also stated if they did this we could counter sue them for the tthreat and other incidents such as process servers not informing us reasonably.

so anyway i am waiting now to see what they will do next.

any thoughts or help about this or should i just wait for them to reply?
maybe they will issue legal proceedings but i'm worried they wont write to us about this as they have done this also
a number of times. Due to this we asked them to send us letters by recorded delivery as they have claimed to sent us letters we haven't got which they did do but only a couple of times. we sent them all our letters by recorded delivery.

thanks

qwerty123

qwerty123

  • *
  • Posts: 3
Re: Bankruptcy paid before court case. was a marker put on my house?
« Reply #3 on: Nov 17, 2017, 09:25:34 AM »
Hi,

But yes we paid before the hearing and attended the hearing.
I wasn't sure if they could get a 'marker' / restriction before this.
so i assume they would not have been able to do this.

i was not made bankrupt or issued with a ccj.

qwerty123