Author Topic: Help Please  (Read 3681 times)

polly

  • *
  • Posts: 9
Help Please
« on: Mar 10, 2020, 05:28:06 PM »
Both my husband and i were made bankrupt in April 2016. We had joint ownership of two properties, one our main residence and the second on a buy to let mortgage. The receiver appointed an I.P as there were assets with some beneficial interest. The IP has registered a charge on both properties. I have disputed the drive by valuations obtained by the IP and after negotiation they accepted that the total beneficial interest on both properties is @ £46,000.
In May 2019 the IP served us with a Possession Order that covered both properties and we successfully got a suspension of the order as l have been left a legacy by a friend of @£175,000 but we have to sell her property first. The Possession Order was suspended for three months but the property has not yet been sold, so recently the IP has now issued us with an Eviction Order on our main residence but it did not mention the tenanted property. The tenant has received an Eviction Order at that address but we didn't receive anything about that notice at our home address.


We lodged a successful appeal against eviction for our home residence, on 09/03/20 and assumed this covered both properties. The Judge advised me that as the tenanted property was in a different county so another court was dealing with that Eviction.


Should the IP and the County Court involved issued me with a copy of the Eviction Warrant so that l could defend that eviction also?
Surely the notice should have come to us as Mortgagees, rather than the tenant.
Was this a breach of confidentiality to send the letters to the tenant?


Any advice would be appreciated