Can he ask for it all back? - Update

Summer1969

I have bent a couple of your ears on here about my situation (which has helped a lot, thanks) but thought I would do a thread in case anyone has been in my situation or has heard about anyone in my situation? I keep reading on here about quick OR interviews, and the OR saying, everything is fine and not to worry....but mine has not been the case and I am getting really down about it as I thought I would be feeling better by now and looking to the future.

I went BR on 3 July, just me, as 80% of debts were in my name and I am not working (so no IPA), we didn't want OH involved as he has a decent salary and job and with commission. I thought this would be a really straightforward case. We had a car worth £500 car which they took, as I am not working and I feel really isolated now. We knew we would have to sell our flat, even before BR, and it has been on the market since March, dropped it 15% already but still no viewings, we can't drop it anymore as we will be in negative equity. OR said it was fine to leave it as it is as long as we didn't sell it for silly money. There was no fraudulent spending, no gambling, just a couple of remortgages I did to pay off credit cards and loans, and other loans and credit cards in my name that went on general living etc as I have not been working past couple of years due to depression.

OR wanted more info off me after phone call as I told him I had paid off some loans for OH three years ago and he said he would have to pay them back. I was so shocked and had no idea this would happen. It comes to £8k and would mean we are even more in debt as there are still debts left in OH's name but they were manageable. I have sent him as much info as I could get hold of, stating what I paid off for OH and when the remortgages were, as I didn't provide this info before as it wasn't required on the BR Petition Form. Still haven't heard from him and my life is on hold, I thought it would be all over by now - but I don't know what power OR has over OH's salary, will he take any commission OH makes - we really wanted to move forward after me going BR and hopefully start saving again, but if we have to pay this amount back, it just really depresses me. He is up for a new job within his firm, which could be a lot more commission, but neither of us can even get excited about this as we don't know if the OR will want this off him! Surely OR doesn't want us getting back into a bad situation financially again?

Does anyone know what happens when a BR person has paid off a loan for someone pre-bankruptcy (albeit 3 years ago) and what is the criteria for paying it back? Can we appeal if he wants it all back? Sorry to be a pain but can't find anything on the Board that relates to my situation on this.

peachyprice

All the OR can do is ASK your OH for it back, if he hasn't got it he can't pay it back, end of.

Have a look at post 13 here: http://forums.moneysavingexpert.com/showthread.html?t=1052313

HTH

Summer1969

Well, we haven't got £8k but he already knows how much he earns as I had to supply his payslip as proof of earnings as I am not earning, so can he ask for it in instalments?

peachyprice

No, just because the OR knows how much your OH earns doesn't mean they know how much he spends, and he doesn't have to tell them, as he's not the one who's bankrupt.

The SoA you provided only showed the household outgoings, not your OH's personal outgoings, he may well send every last penny each month on things that didn't have to be put on your forms, and he's allowed to spend his money on whatever he likes.

Summer1969

peachyprice wrote: »

Have a look at post 13 here: http://forums.moneysavingexpert.com/showthread.html?t=1052313

HTH

Thank you for that. I had actually seen that thread but the circumstances are different, she was owed money by her daughter and had paid her back. I paid off loans for my OH, he had not lent me anything, so I'm not sure its the same thing.

peachyprice

They cannot make your OH pay back what he hasn't got. They have no control over your OH, only you.

Summer1969

I think it was the last post on that thread that got me thinking.

thenumptys wrote: »

, I think that you have been lucky. I have asked around, including the insolvency helpline , they insist that the OR has greater powers of retreiving money, but I suppose every case is different, as well as every OR

I did, at first, think that he would only have power over me as OH didn't go bankrupt, but then I thought he must have some sort of power otherwise everyone would say that they just don't have it, even if they did, if you see what I mean.

dalip

Hi Summer:hello: I know its not easy but you are putting yourself through mental torture.If you are that worried why not ring your OR and ask if he has had chance to look over your paperwork.Its only been a wk so he may be really busy or fingers crossed no news is good news. I really hope this gets sorted soon so that you can start to move on with your life.D

Summer1969

dalip wrote: »

Hi Summer:hello: I know its not easy but you are putting yourself through mental torture.If you are that worried why not ring your OR and ask if he has had chance to look over your paperwork.Its only been a wk so he may be really busy or fingers crossed no news is good news. I really hope this gets sorted soon so that you can start to move on with your life.D

I knew you'd be on here and tell me off! It is easier said than done, not working and being on my own all day, every day, it plays on my mind and we both feel we can't move on til we find out. It is obviously the biggest thing going on in our lives at the moment, so its difficult not to think about it. I would have felt more at ease if I had found anything, either on here, or on other sites, that were the same situation as me, but can't find anything and I have been looking. Which is why I posted this thread, in case anyone had been in the same situation, also letting other people know about to go through BR, that if they have done what I have done, just to be aware, as I had no clue whatsoever.

I want to chase him up...but I also don't....if you know what I mean.

dalip

Summer i was not telling you off love. I understand more than most;) but i also know that it eats away at you,makes you snappy and in fact you feel no better off than when you were before bc.For your own piece of mind give your OR a ring.D

JCS1

Worst case, they can take your OR to court to get the money back. But consider the amount of time, costs, and everything else to do this - it tends to be reserved for people who gave lots (say £50k+) to family/relatives prior to Bankruptcy and in those cases an IP would be appointed as trustee.

Never heard of any preference payments going to court at the OR's where I was for a year, they are very rare so don't worry.