Can Family sue me for br in Scotland?

jmc2305

Just a quick question for those who know a teeny bit about Scotland BR. If we owe money to family, can they sue us for br to speed things up? If they do, does it cost them anything? Do they have to have proof that we owe them money?

Purplekylie22

I think that there would need to be written confirmation of thedebt andproff that they have contacted you and given you the appropriate warnings, go to the AIB website I think it has a guide for petiotioning for bankcrupcy, you would need to owe them more than £1,500.

http://www.aib.gov.uk/MainNav/Services/creditorportal/Q/forceupdate/on

jmc2305

Thanks Purplekylie- will take a look. I owe one sister £17k but don't think she would petition me cos she doesn't want it on our file - lives in hope of us moving to australia to join her. Maybe if another sister pretended they had lent it to us? It shows on the bank statement so might work.

coolcait

Woah, jmc! If you don't owe your sister anything, how can she petition for your bankruptcy? 'Pretending' you owe her money could get you both into big trouble. The form she would have to fill in says that she has to attach an oath staing that she's a qualified creditor. She has to show that she's a 'qualifed creditor', and that means that she has to have proof of apparent insolvency. That means she'd have to go to court and get a charge for payment or statutory demand before she can even apply for your bankruptcy. And, all the time she was doing that, she would be lying...

Leaving that aside, I don't see how it would be quicker, or cheaper, for her to make you bankrupt. I don't know how long it would take to get a charge for payment, but the charge for payment would give you some time to pay the debt. Then she'd have to wait at least fourteen days after that date has pased before she could apply to have you made bankrupt. The courts might not action the petition straight away; when they do, it will be to send out a Warrant to Cite - giving you a date to appear in court (about 14 days time usually, I think). Is that really any quicker than doing it yourself...?

As for costs, I don't know how much it costs to get a Charge for Payment, but I doubt if it's free. It costs £71 for a creditor to put in a petition for bankruptcy. They have to confirm that they've searched the Register of Insolvencies (£16) to make sure you're not already bankrupt, and that they've searched the DAS Register (£5) to make sure you're not on it. These are just the costs I'm aware of, and they assume she's doing it by herself. If she uses a solicitor, how much more would it cost? Again, is that really any cheaper than doing it yourself..?

And, on practicalities, a creditor can only make you bankrupt in Scotland if you owe them at least £3,000 (or they can apply jointly with other creditors, if the total debt you owe to them is at least £3,000).

Please, jmc, think very, very carefully about this.

Purplekylie22

Jmc,

I know where you are coming from. I have been waiting over two years for someone to take me to court and make me bankcrupt. luckily I can apply under the new rules and have done so. that said... I really dont recommened that you do as you suggested. If you really want this to be done quickly, I would suggest that you speak to your sister in Auz that you do owe money to and explain to her that you really dont have any other option. Alternativly, if you have no other options, do you have family in England, could you stay with them for a while and petion for your own english Bankrupcy?