Delaying AD/Overturning AD...

PixiePie

Hi All,

Wondering if anyone knew if the OR can 'undo' your AD because they were too slow doing something?

When I had my OR interview I was told I would get a BRU (and there's still time, so I'm not thinking this is the case) but as I'm getting closer to AD, I was wondering if the OR can overturn the AD at a later date to apply the BRU as I'm guessing they are too busy to do it now? There was also a case where I transferred £2K to my partner's bank account to pay rent when he didn't have the money as the rent comes out of his account and I hadn't paid anything in to that for months, so this was a kind of one off diving up of payment rather than me putting £400 in there each month or something. At interview the OR said he probably wanted that money - I did argue that I didn't think that was right as it wasn't paying off a debt or preferential treatment to a creditor, it was a lump sum of divvying up rent and paying my share of living costs, which the CCCS agreed with. However I am resigned that I might have to give it back (where from I don't know but there you go). Buuuut - if the OR is too busy and hasn't gotten around to it before AD can he go back, overturn it and demand the money? Or what happens if I get AD, and *then* he asks for the money back?

Many thanks in advance,
Pix

peachyprice

I think they can only overturn if if you've done something dishonest or hidden stuff from them, if they're too slow it's tough titties.

Richard_S

Hi Pixie,

The O.R can't undo AD once you're discharged, and they have to apply to Court for a suspension of discharge within a certain timescale of your A.D. I can't remember how long it is, but its on the I.S website somewhere, and I'm sure fermi will have a link to it, if he sees your Thread.

I'll have va quick look and see if I can find it.

Richard

PixiePie

Cheers guys, I'm just getting myself into a tis about it - which is stupid as you'd have thought I'd have learnt by now, what will happen, will happen lol.

Thanks again and any more experiences/links to written stuff more than welcome

Richard_S

PixiePie wrote: »

Cheers guys, I'm just getting myself into a tis about it - which is stupid as you'd have thought I'd have learnt by now, what will happen, will happen lol.

Thanks again and any more experiences/links to written stuff more than welcome

Hi Pixie,

I think this link has the relevant regulations, but I've only had a quick look.

Richard

http://www.insolvency.gov.uk/guidanceleaflets/bro/bro.htm

blind-as-a-bat_2

PixiePie wrote: »

Hi All,

Wondering if anyone knew if the OR can 'undo' your AD because they were too slow doing something? NO only if you delayed things by being un co-operative

When I had my OR interview I was told I would get a BRU (and there's still time, so I'm not thinking this is the case) but as I'm getting closer to AD, I was wondering if the OR can overturn the AD at a later date to apply the BRU as I'm guessing they are too busy to do it now? There was also a case where I transferred £2K to my partner's bank account to pay rent when he didn't have the money as the rent comes out of his account and I hadn't paid anything in to that for months, so this was a kind of one off diving up of payment rather than me putting £400 in there each month or something. At interview the OR said he probably wanted that money - I did argue that I didn't think that was right as it wasn't paying off a debt or preferential treatment to a creditor, it was a lump sum of divvying up rent and paying my share of living costs, which the CCCS agreed with. However I am resigned that I might have to give it back (where from I don't know but there you go). Buuuut - if the OR is too busy and hasn't gotten around to it before AD can he go back, overturn it and demand the money? Or what happens if I get AD, and *then* he asks for the money back? You just outlined your defence case if they try, wich although in not a soliceter, as you know, sound pretty air tight to me

Many thanks in advance,
Pix

Stop stressing girl:p

PixiePie

blind-as-a-bat wrote: »

Stop stressing girl:p

I know - I is silly, but hey! That's what us girlies do