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What Happended With Your Court / Or ??

Hi all,

Just wondered how thorough or not the OR was in your case and what was the proceedure at court ?:confused:

I went BR having ran a business for 5 years as a sole trader with 3 employee's. This was my experience..........

Copies of paperwork to court nil
see the district judge no
How accessed the court appointment - had to wait 4 weeks.

Court staff; - First guy was a right ar!e,I complained after
about 3 mins, and got a much better
replacement !

When spoke to OR / IS ; -At the court by telephone, same day. Took
2 - 3 mins.

Further meeting with IS; - Face to face. took about an hour. Only
evidence I ever produced was spreadsheet
showing employees NI and tax contributions.

I never produced one other single thing ( although I said I had them ) Not one bank statement, invoice, cheque book stub. Was never asked.

Never heard from them again till early discharge at 6 months.
I was not working during BR, so no posiblity of IPA.

I think I faired very well, what was your experience ?:D

DD
Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
«13

Comments

  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I went to RCJ so
    I only took 1 set of forms (well I did take 3 but only needed one)
    Didn't see a judge
    Didn't have to make an appointment
    Was made BR later that afternoon
    Court staff were pleasant and helpful
    Phone call from OR came about a week later and f2f interview about 2 weeks after that
    I was asked to bring all statements etc (I had every statement I've ever received so this was a lot of paperwork! I had to take most of it back home with me)
    Interview was just over 2 hours and I thought it was very thorough
    I have heard from OR a few times since for things like my car (I instigated the contact. My car was being repossessed so I OR faxed the court to say I was BR and therefore I didn't have to pay court fees. A couple of times paperwork wasn't received etc but now everything is up to date.

    At the time of BR I was in employment but was BR due to Limited company failing and I also at the same time was working as a sole trader. Thats probably why I had a f2f interview because of the businesses.

    Are you writing a book?

    :j :j


  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Hi DD. :)

    In that vein.....

    One copy of the forms to the court. They made the extra needed. I now know that is fairly uncommon.

    Didn't need to see the DJ. (phew!!)

    Had to wait about 6 weeks for court date, and that was back in 2006. :eek:

    Court staff could not have been nicer. :)

    2 minute conversation with examiner on the day. Routine stuff.

    Fairly simple telephone interview later on.

    I provided the paper work that I had to the OR. A lot was missing, but it was never queried. I presume they made their own enquiries?

    BR September 2006.

    Letter informing me OR was applying for "release as trustee" in December 2006

    Phoned the OR over a matter early 2007, and was told in passing that my file was marked as suitable for ED.

    Received EDREV/IPOQ in April 2007.

    ED in July 2007.

    I think I faired fairly well also. ;)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • MammaCas
    MammaCas Posts: 312 Forumite
    Three copies of the forms to the court.

    Saw the District Judge she was lovely.

    Booked my court date well in advance but I think there was a 3 week waiting list.

    Court staff were very professional and reassuring.

    2 minute conversation with OR case clerk on the day.

    One hour telephone interview later on.

    The only paperwork they asked for was remittance slips that I still had from our secured loan to prove we had paid the debts off first time round and any Debt Collection stuff that came through - they wanted these so they could stop them pursuing us.

    Received letters re: BI in property and car being exempt

    BR March 28 2008

    Received EDREV/IPOQ in Aug 2008.

    Fingers crossed for ED.......all has gone fine up to now ;)
  • Richard_S
    Richard_S Posts: 4,432 Forumite
    Hi Debt doctor,

    This has the potential to be a very intresting and useful Thread.:beer:
    • We were petitioned by a creditor and didn't see the point in turning up at Court. Our solicitor contacted the creditor on our behalf with a last minute offer that was turned down.
    • I was on a training course on the Court day and got a phone call from our solicitor informing me that we were now free of something over £200k of debt, and that we'd been declared bankrupt about 11:00am.
    • I had a phone call the next day from the O.R's office explaining that various forms would be sent out and to make a date for a meeting with the O.R. He wasn't impressed when he found out that we were going on holiday and couldn't make any appointment for the next two weeks.
    • We spoke about our Ltd Co and he didn't seem to grasp that the stock owned by the company wasn't available to the O.R to sell.
    • We had our appointment with the O.R on the same day with a two hour difference between each one. My O.H said that she wouldn't be of any assisstance on her own because she had nothing to do with our financial affairs and she wasn't about to start. He agreed to interview us together.
    • He said the interview should be over within a couple of hours. We started at 11:00am and didn't get out until gone 4:30pm.
    • I'd got all our records, both business and personal, in indexed files and folders. There were three large storage boxes and by the time we got to the O.R's office I was gasping for a beer.:beer:
    • The interview was very in-depth, and whilst the guy was very professional some of the questions were both probing and a little unnerving at times. I wouldn't say that we'd got anything to hide, but there were areas where I really didn't want to go. We'd rehearsed for the interview beforehand with my O.H playing the role of "Interrogator," and it wasn't wasted.
    • Fortunately we were interviewed in a very small room, and the O.R was a little overweight. It was a blistering hot day, and there was only a small air conditioning unit to keep the room cool. I asked if we could turn it off because "they give me a bad back, and I can't afford to take time off work".:rolleyes: My O.H was wearing a little summery number without the incumberance of too much underwear, and she did a very creditable Sharon Stone performance, when the questioning started to get a little "awkward".
    • The heat and the distraction resulted in our "sweaty little interregator" stopping for frequent comfort breaks, which gave us chance to review and revise our responses.
    • We were told that we wouldn't be paying an IPA at this point, but we would need to be interviewed again by a more specialist investigator, because he wasn't happy with some of our explanations. That left a bitter taste when we were finished, but needless to say we didn't have another interview.
    • Had the NT code, and eventually purchased the B.I in our house. Had a telling off for forgetting to advise the O.R that we'd moved house.:rolleyes:
    • We were down for E.D but some kindly person informed the O.R that we'd been blocking the sale of our house, which we hadn't, and it was suspended.
    • We were ultimately discharged on the anniversary of our bankruptcy without an IPA/O or BRU/O.
    There were a few anxious mements along the way, but we always believed that we'd be able to put the whole thing behind us, and move on, and to a very large extent we have.

    We'd both like to go back into business at some point, but that is proving to be very difficult and I don't think we'll ever really be satisfied until we are. Salaried employment does have its benefits but we both miss the excitement of running our own show.

    Rich
  • Scarlett.1974
    Scarlett.1974 Posts: 2,765 Forumite
    What a great idea for a thread DD :D

    Okay, our experience:

    Had to take 3 copies of the form to court.

    Booked 3 months in advance (:o ) but would have been a 2 week wait if we needed an earlier appointment.

    Staff at the court were absolutely lovely.

    Saw the District Judge who was also lovely. Was so kind he made me cry :o

    Spoke to someone from the OR's office 2 days later - very brief, just asked us about our bank accounts, if we'd opened new ones yet and arranged proper interview for 2 weeks later.

    Interview took almost 3 hours (did both me and H together, one after the other). Was very in-depth and quite draining, but nothing awful.

    Was told to expect IPA but 5 and a half months on, still no word about that :confused:

    Had some contact with the OR since - letter about BI...... a letter requesting more info. from H about his poker activities but nothing now for about 2 months.

    Went BR on 18th Feb and noticed on the insolvency site on Friday that we'd been transferred to RTLU - had nothing in writing about this yet though.
    You can't control everything in life....... your hair was put on your head to remind you of that :p

    Proud to be BSC no. 103
  • december
    december Posts: 707 Forumite
    What a good thread :) Well my experience was this:
    -booked appointment at local court 3 weeks before
    - turned up on the day with three copies of the form.
    - had to see the judge about the lease agreement on the car
    - call from the OR's office the next day to arrange an appointment. Started off quite well then the assistant got really stroppy as I couldn't confirm whether I could take time off work to answer the call. He kept reminding me of my obligation to comply with the OR. I offered to do it in my free periods of work, before work, after work, no dice. This call was actually the worst of all and left me shaking.
    - Phonecall from the OR less than a week after I went bankrupt. He was very nice actually, rather sympathetic in fact. No IPA imposed, had to query the car with the finance people and that was it. Interview was an hour and a half, no IPA imposed at this stage.I sent all of the letters from the DCAs that I had and any other paperwork.
    - Nearly 2 months after BC bank account frozen by the OR despite him saying he wasn;t interested in it. Called the OR office spoke to a snotty nose official who gave me an interrogation as to why I needed my bank account, told me I wasn't allowed to have an account with direct debits and that I shouldn't be paying any council tax.....all of which I later found out was rubbish. This call left me shaking and feeling sick with all of the negative feelings rushing back.
    - About 6 weeks ago I received a letter from Clarke Wilmott about my nil tax IPA.
    - 3 weeks ago I got a letter from the OR saying my case had been passed to the RTLU.

    So that's it for me really. No further correspondance from the OR but I will have to contact him about my increase in income but also in expenditure.

    December
    BSC support number 158

    weight loss - 52lbs
  • dodecanese
    dodecanese Posts: 422 Forumite
    hi, this is my experience.

    Court was "very busy with bankruptcies" and I had to book appointment 7 weeks in advance. This was most stressful part, just waiting for "B day" to come around.

    Took 3 copies of paperwork,which they did seem to need- they took them anyway. Court staff were pleasant, I had really dreaded it but the clerk who went through the paperwork was really nice.
    Didnt see the judge- I was at the court about 45 minutes.

    Phonecall from OR was the day after, I spoke to the examiner that did the interview later on. It was a brief call regarding did I have a car, and he wanted my bank account details- he was nice.

    Had interview about 3 weeks later- it was in depth but not in the way I thought it would be, he seemed more interested in my (negative equity ) property and only mentioned the unsecured debts briefly. I sent in a year of bank and credit card statements. He hadn't looked at them at the time of the interview and just said he would contact me again if there was anything he needed to go over- but he never did so they must have been ok, even though I thought my spending was pretty horrific. He asked a lot of questions but he was so nice to me- almost sympathetic if that dosn't sound too weird. He went over my I&E and said there was no scope for an IPA, and I never got a nil tax code IPA as I was bankrupt in March.

    I havn't had any contact with them after that- I had to call once as I got a slight pay increase, spoke to a clerk, he was ok.

    I got a possible ED letter/IPOQ a couple of weeks ago- and thats been it.
    I never heard anything regarding the BI in the house, which I do worry about a bit, but Im just waiting to see whats going to happen.

    I think I fared quite well really, I expected to be dealt with a lot more harshly. But the court/OR were all fine. I think my own feelings of guilt/fear of what would happen were far worse than the actual "deed" itself.
  • skylight
    skylight Posts: 10,716 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Home Insurance Hacker!
    Copies of paperwork to court 3 copies
    see the district judge yes. Took minutes.
    How accessed the court Slough County Court - turn up system. (vending machines don't always work....

    Court staff; - Ushers - snotty cows. Clerk - really nice guy

    When spoke to OR / IS ; -At the court by telephone, same day. Took
    2 - 3 mins.


    Further meeting with IS; - 6 weeks later. 35mins ish, not a knowledgable newbie. I knew more than she did...
    Already had any paperwork they had asked for before meeting as I sent it to them when asked.

    Not all that interested in my case. Have a few issues with them and my step-daughters compensation money (I am trustee), and Council did not know the rules on including overpayments in BR (they sure do now!)




    Am unlikely to get ED as I am just so damn slow at giving them the info they ask for! They don't chase it though! ED doesn't worry me one bit - as a SAHM with no income and no IPA, ED doesn't mean a lot to me personally. Wouldn't say no though.....
  • diablobear
    diablobear Posts: 149 Forumite
    Hello!

    I petitioned for my own BR, 7 months after I liquidated my Ltd Co. due to personal guarantees on landlords lease & loans for the business & HMRC. One of them would have gone for it anyway and I didn't want to prolong the agony.

    Filled my forms out manually, without the help of an adult!! Didn't do it on-line as I found it easier to supply further info where needed.
    May 2007 - Dropped my DD off to school and went to court alone :eek:took five copies of the forms to court (overkill)!!
    Court clerk was fantastic and very reassuring - she could see how nervous I was. She told me not to pay the court fees as I was receiving WTC & CTC and she filled out the relevant forms for me to sign. So I walked out with that cash in my pocket!
    Waited nearly 3 hours to see the judge for 15 mins. He was fantastic & quite entertaining, he even apologised for keeping me waiting and wished me luck for the future!!
    Got rubber stamped and sent back to clerk, who sat me in a room with pen and paper to speak my OR Case officer on the phone.
    Again she was fantastic and reassuring, gave me her direct line phone number and their "FREEPOST" address to send my financial records to!!

    OR telephone interview was three weeks later lasted about 45 mins, again sympathetic, nice and really helpful, he had a great sense of humour! He said at the end that he couldn't see any problems with my case and I would probably get an ED.
    I had no assetts for OR to have an interest in (he even let me keep the £3 I had in my very old post office savings acount). He also decided my income was too low for IPA, I was working part time and the rest of my income was tax credits & child benefit, which he said they do not count as income.
    Received NT tax code but OR wrote to say on this occaision that they will not apply to collect the extra money received in my wages.

    Four months later received a letter regarding early discharge. I was still very naiive regarding BR at that point and mistakingly thought I had to finialise my prior year's tax return to ensure it was included in my BR, (There is a very long story why I couldn't finialise it in time), so subsequently missed out on early discharge, as I didn't send the form back. :rolleyes:

    Did not really have much communication with the OR office for the rest of the time. Saw my automatic discharge on the IS register and I phoned for a letter confirming this which arrived the next day.

    So all in all I was extremely lucky with both the court and OR and very grateful for it too.
  • fatou256
    fatou256 Posts: 1,289 Forumite
    this is was m,y onw experienc

    copies of paperwork to court 3 copies he took the cBR clerk 30 minutes to go through the form and amend few details then i had to wait for one hour and a half before being seen by the DJ

    see the district judge yes he was really nice he explained in detail the effect of BR then ask few question about my SOA and what will likely happened with the OR

    How accessed the court appointment - had to wait 1 weeks which wasn't too bad but stressfull dealing with the incresed phone call from DCA creditor and so on ... prior to my BR

    Court staff; - the clerk and the DJ was nice and very professional .

    When spoke to OR / IS ; -At the court by telephone, same day. Took
    2 - 3 mins. same as me they jsut wnated to knwo my phoen number , address and if ihad any bank account if yes was in credit and told me that they have no interest in it .


    Further meeting with IS; - phone interview it was very much like probing and very thorough . it took about 30 minutes. no IPA as my OR told me that my incoem is quite low and as such they are not interested in my I&E.


    since then i have heard nothing. i was told that i am elligible for an ED and that i will recieved a form to fill in and will have send it back so they can put me forward for ED. also i wa sinformed that the OR will do a report which will be send to my creditor and it is unlikely that i will heard of them agagin as i have no asset to dispose.


    BSC number 183
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