Bankruptcy and DCA

Wizardy18 · 21 March 2018 at 9:49PM

Basically I'm after some advice.

I'm looking into the circumstances of various credit file issues, bankruptcy and defaults etc.

I know I posted a few days ago and someone gave me a link to how a bankruptcy be filed and someone made bankrupt without them even knowing.

But in that link I couldn't find any information on what else I'm looking for.

If anyone could help or offer some feedback that would be great.

1) If someone is made bankrupt, how can the OR find out all the creditors of the bankruptee if they haven't been in contact?
Eg, the credit they already have, the debts they have, loans, etc etc

2) What if a Order for information is made, this can't be served if the courts do not know where the person is to.
If it can be served to the last known address, what is the process if this is ignored? I have read that it can lead to prosecution but how if the named didn't ever receive it.

3) Because someone made bankrupt without them.being aware, what happens if that person applies for credit unaware they are bankrupt?

4) Finally, if the person has various lines of credit, the OR won't know so how can those be frozen?

I know it's a lot of questions and maybe can't all be answered but id be interested to know anyone's feedback.

Thanks in advance

National_Debtline · 26 March 2018 at 5:27PM

Hi Wizardy18,

If someone is declared bankrupt, without their knowledge, then the OR will be limited in processing a full application as they won't be able to hold their interview. They can advertise in the London Gazette for creditors but they may not have the full list of creditors until the bankrupt person comes forward.

It may not always be apparent that you are bankrupt straight away if you receive no communication at all, but your details would show on the individual insolvency registered and would remain on there, undischarged, until such time that you do come forward and speak/ cooperate with the OR. There have been occasions where this has gone on for years.

With regard to an order to obtain information, that is only applicable under a CCJ (as far as I am aware). This is used by a creditor to help them determine the best way to enforce a judgement. If they applied to bankrupt someone, there is no further 'enforcement' action they can take beyond the consequences of a bankruptcy - loss of assets, IPA etc.

I hope that helps to answer some of your queries. In the majority of cases, if someone is made bankrupt, it will come to light eventually, and when it does they will need to deal with it in the same way that everyone else does.

Laura
@natdebtline

Bankruptcy and DCA

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