T informing LL's mortgage company that property is tenanted

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    #16
    Given we are only two months in to the 12 month AST I would argue a full refund, quite a disgrace that the LA the size of Carter Jonas did not do any due diligence and that repossession proceedings had started prior to the tenancy being signed. LL almost certainly guilty of fraud but given he is bankrupt, I am not entirely sure it is worth pursuing other than adding a CCJ to his list of debts and costing me 90 quid

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      #17
      Originally posted by matthew_henson View Post
      Given we are only two months in to the 12 month AST I would argue a full refund, quite a disgrace that the LA the size of Carter Jonas did not do any due diligence and that repossession proceedings had started prior to the tenancy being signed. LL almost certainly guilty of fraud but given he is bankrupt, I am not entirely sure it is worth pursuing other than adding a CCJ to his list of debts and costing me 90 quid
      Not necessarily - if he went bankrupt in May 09, all debts will have been wiped off and he will still be an undischarged bankrupt, so it is highly unlikely he will have obtained any more credit since then. He could also be on quite a good income - you don't have to be on the breadline to go bankrupt, you just have to be in a position where you can't cover your debts. (For example, you could bring home £3k pcm, with living expenses of £1,500 & monthly credit commitments of £2,000 and you would be insolvent - despite having £1,500 'disposable' income each month.)

      IF he has surplus income after essential living expenses are taken into account, then he could be forced to make payments towards the debts covered by the bankruptcy via the official receiver. (I think it's about 2/3 of any surplus, but don't quote me on that.) Unless he is placed under bankruptcy restrictions (e.g. if he accrued any of his debts fraudulently, or took out credit immediately before declaring himself bankrupt) then these will be for a maximum of three years.

      If you obtain a CCJ against him, you have 6 years to enforce it. If he does have surplus income you can wait until his bankruptcy payments have finished and then enforce the judgement; even if he's skint now, things could always improve for him in the next couple of years, and at least he has no other debts so will be in a position to pay you quicker. It's also unlikely he's going to be able to get credit in the next few years to run up other debts.

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