Money Owed

VitaHQ · 15 July 2017 at 10:19PM

Hello - I'm hoping you can provide info/advise.

I am owed £2,225 by a landscape gardener who received the money to buy slabs, never did and then declared himself bankrupt. Timescales are:

12.04.17 - I requested the monies be repaid (clearly something was wrong with the situation).
28.04.17 - I had a Claim issued to the Defendant via an Online Money Claim
05.05.17 - During the 14 days of the Claim being issued the Defendant declared himself bankrupt.

The insolvency report show £0 assets so currently the prospect of receiving a penny is highly unlikely I appreciate. My local police force, Trading Standards and Action Fraud are all investigating the situation/Defendant.

The Online Money Claim that was issued before the Bankruptcy still has a status of 'Issued' and I have not yet 'Requested Judgement' against the Defendant.

What is the possible course of action I should take - I assume I wait until the Bankruptcy is discharged - am I able to Request Judgement and pursue the debt after their Bankruptcy?

VitaHQ · 15 July 2017 at 10:28PM

Hello - I'm hoping you can provide info/advise.

I am owed £2,225 by a landscape gardener who received the money to buy slabs, never did and then declared himself bankrupt. Timescales are:

12.04.17 - I requested the monies be repaid (clearly something was wrong with the situation).
28.04.17 - I had a Claim issued to the Defendant via an Online Money Claim
05.05.17 - During the 14 days of the Claim being issued the Defendant declared himself bankrupt.

The insolvency report show £0 assets so currently the prospect of receiving a penny is highly unlikely I appreciate. My local police force, Trading Standards and Action Fraud are all investigating the situation/Defendant.

The Online Money Claim that was issued before the Bankruptcy still has a status of 'Issued' and I have not yet 'Requested Judgement' against the Defendant.

What is the possible course of action I should take - I assume I wait until the Bankruptcy is discharged - am I able to Request Judgement and pursue the debt after their Bankruptcy?

I recently found out that my wife is pregnant and the money will be needed!

A4445 · 15 July 2017 at 10:55PM

I feel that your money maybe lost. Once a bankruptcy is discharged all debts are written off and creditors cannot pursue its illegal for them to do so. I believe if there are any funds remaining you can apply for % but it's not likely there will be much and that's down to the official receiver. I would expect the worst tbh your unlikely to get anything back!

VitaHQ · 15 July 2017 at 11:02PM

Thanks for your reply. On the basis that no judgment has been given yet, could it be that there is no official debt that has been noted prior to the Bankruptcy, which means their is nothing to be written off?

Technically could a debt be pursued with a judgement post-bankruptcy?

Do you know the legal standpoint here?

A4445 · 15 July 2017 at 11:11PM

I'm not sure about the legal standpoint but I'm sure there will be others that will post soon that will know.

Flyright · 15 July 2017 at 11:32PM

Ultimately any money owing to creditors prior to a bankruptcy order is written off by the making of a bankruptcy order unless the debt relates to fraud. If the behaviour of the bankrupt individual in incurring a debt suggests a level of misconduct then you as a creditor should also report your concerns to the Official Receiver.

VitaHQ · 16 July 2017 at 7:19AM

Thanks - I've notified the Official Receiver of the situation and fraudulent/misconduct behaviour. I'm hoping that the defendant won't be discharged from the particular debt and/or that the bankruptcy will be extended or have restrictions placed on it.

-taff · 16 July 2017 at 8:43AM

You're not likely to get this money back.
If he declared himself bankrupt, it's likely he included this debt in the bankruptcy if he was a sole trader and you're probably a long way down the list of creditors for that amount.

Flyright · 16 July 2017 at 8:59AM

I can't see how the debt will survive the bankruptcy in this situation I'm afraid. And I wouldn't hold out too much hope of the bankrupt getting a BRO purely based on the circumstances in which your debt came to be.

It would need to either be a material amount compared to the other bankruptcy debts or the circumstances in incurring debt would need to be particularly reckless or cynical on the part of the bankrupt.

fatbelly · 16 July 2017 at 9:16AM

VitaHQ wrote: »

.

What is the possible course of action I should take - I assume I wait until the Bankruptcy is discharged - am I able to Request Judgement and pursue the debt after their Bankruptcy?

From the timescale you show, this is a bankruptcy debt and you have no right of action, either now or at any time in the future..

Any monies due to you will be paid by the Official Receiver. Don't expect any.

-taff · 16 July 2017 at 9:31AM

http://forums.moneysavingexpert.com/showthread.php?t=5680093

Duplicate thread.

Money Owed

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