Help, unfair OR (I think)

jim_b_4

Hi LBID,

They did indeed. It was £600, I purchased a race bike for all the charity riding I was doing and training for.

The OR phoned me to question this as it appeared on my bank statement. See, I paid for it all but my company reimbursed me through my wages. Within a few hours a seperate company (rosan) called to say they were taking my bike, I said, "WHAT?! The OR has just enquired about it, surely they have to inform me that this is their decision before going ahead and doing it" the lady replied "oh well they couldn't find the evidence that this was reimbursed to you, so it needs to be taken."

See I know BR was going to be hard, but the feeling of having a weight lifted off my shoulders when I very first went BR has turned to stress stress stress. They say things come in 3's...hmmm

fiveyearplan

I would write to the OR saying what you said here and that your parents were paid at the same time as the other creditors - do you have proof of this via your bank account? Your parents really need to stick to their guns and say they do not have the money to repay and not get bullied into paying it. As for the bike - has it already been repossessed? If not, (or even if it has) I would also mention this and find your payslip detailing the payment from your employer.

Good luck and welcome to the forum!

Holes_in_my_pocket

Did you pay parents in full and creditors installments

larzie30

Jim

Can i ask when you went got the consolidation loan?

Lara

nervousmother

We had a similar thing, prior to our BR (and i mean around a year or more before) we sold a BTL property the proceeds were used to pay lots of people, inland rev, utilities, CC's, loan catch up, new second hand car for me and money to OH mother as she had lent him I think £4k to pay a previous VAT bill.
The payment was never hid and clearly shown on OH business accounts. They said it was a prefferential payment and asked us for the money (us being BR!) we said we didnt have it and what were they going to do, we did not think in the slightest the payment was prefferential. They told us they were prepared to take MIL to court to recover the money.. or we could offer them a sum to stop them from doing it. In the end we borrowed £750 off SIL as we did not want to take the risk of them taking a 70 year old to court. Wether they would or not I dont know, I must point out we had a Trustee appointed to us rather than just the OR and I know they are more agressive in recovering money.

There was another case on here where the person refused to give them his parents address, he was taken to court and his discharge suspended indef.

larzie30

just read in the insolvency law tho that the preferential payment has to be within six month period before you go br or that it had to contribute to your insolvency and that you had to be insolvent at the time!! Is this not right?

nervousmother

I am not sure we never looked into it.. to be honest we had no fight although I wish I had have known at the time.. wonder if we can take them to court for the money back?

Where did you read this? i cant see it myself as it would be too easy for others to do.. they look back at your bank statements for up to 2 years sometimes more..

larzie30

here is the link that i read, let me know what you think
http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=9&NavFrom=2&parentActiveTextDocId=2520251&ActiveTextDocId=2520254&filesize=11161

JCS1

larzie30 wrote: »

just read in the insolvency law tho that the preferential payment has to be within six month period before you go br or that it had to contribute to your insolvency and that you had to be insolvent at the time!! Is this not right?

2 years for family members, see 31.4.36 and then 31.4.38 for associate definition.

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part4/part4/part_4.htm

larzie30

thanks for that jsc1, sorry to jump on this thread but how does that figure for my situation when the money was paid to a credit card company for a debt that I had acrued in my mums name. Also as I was on top of all of my bills at the time I was not insolvent and it is my husband disappearing and not paying the joint debts that has made me insolvent not the consolidation loan i took? Any thoughts?

Sorry for threadjacking, but guess the answer may help more than just me.