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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
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I made myself bankrupt in 1992 (discharged in 1995) and RBS

Customer Question

I made myself bankrupt in 1992 (discharged in 1995) and RBS had a legal charge on our and my business partners houses related to an overdraft facility. I don't know if my business partner was bankrupted or if the monies were recovered from him. Because of negative equity at the time, my wife bought the beneficial interest from the Official Receiver and is the legal owner of the property. The has been NO correspondence regarding the matter from RBS so does the 12 year time limitation for legal charge apply in this case. Or is that time limitation overriden by any other legislation.
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.

Good afternoon. My name is ***** ***** it is my pleasure to help you with this today.

Please bear with me today and over the weekend as I will be online and off-line spasmodically and therefore I may not get back to you immediately.

So, does your wife have the legal title in her sole name?

Is it the case that she bought your interest to remove the Trustees charge but the some reason, the charge was never removed?

Has your wife contacted the trustee to get the charge removed?

As much background detail as possible is really useful please. Thank you

Customer: replied 1 year ago.
Only just seen your response as I was on holiday in Cornwall with no internet service. I did see an earlier email saying that your organisation was unable to help so I'm slightly confused. Notwithstanding, responses are :
1 My wife is the sole owner of the property.
2 Not sure - all I know is that the Official Receiver at the time suggested that my wife bought the beneficial interest because there was negative equity at that point. Unsure whether that would have included removal of the charge?
3 no, There has been no correspondence with RBS since the date of the bankruptcy in either direction
4 My business partner was Peter Hargreaves,*****Barrow on Trent Derbyshire and there has been no communication between us since the bankruptcy. Not sure what other information I could provide but please advise if there are further questions.
Customer: replied 1 year ago.
Got a copy of the original bank document signed for your info attached. Remembered also that there was a debt on the personal joint account that RBS came after my wife for via bailiffs. That debt was cleared but can't remember when. The business bank account was joint and several with my business partner and had an overdraft of around £30k when the business closed. That's the account that there has been no correspondence about from RBS. I'll try and find any documents I have related to the dealings with the receiver but that would have definitely been included in the bankruptcy papers
Customer: replied 1 year ago.
Copy charge attached. I'm trying to locate original correspondence regarding the transfer of the beneficial interest.