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What next I wonder
tyuiop1616
Posts: 2 Newbie
Just come back from my grilling with the OR after going BR 3 weeks ago. During the meeting I demonstrated to the OR what assets I had left and what I owed, no problems there apart from the yawning chasam between the 2. No suprises there then. During the interogation I told the OR quite openly that my Dad lent me £4000 in December to help me through this and I had paid him back in May from the proceeds of the sale of my house. This is after all debts secured on the house had been paid. The OR tells me that the £4000 should not have been repaid and they are going to write to him asking for it back. My Dad is 84 years old and quite frail. Obviously when they write to him does he have to write a responce. Anyone got any Idea what he should say in his letter to the OR.
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Simple....if he's not got the cash to pay back I very much doubt the OR would chase...been a few people in the same boat as you recently (i'll see if I can dig the posts out for you)We all die. The goal isn't to live forever, the goal is to create something that will0
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Depending on the rest of your debts, surely, £4000 would be classed as a priority debt? Regardless of whether its to family or not?
Seems obsurd that having paid a debt they would be asking you to unpay it?On the Keyboard of Life - Always Keep a finger poised over the Esc Key! :rotfl:0 -
BUT at the end of the day its classed as favoring a creditor....so the OR could overturn the payments & ask for them to be returned....daft I know but the rules unfortunatley.....BUT as i've suggested the OP's dad needs to write back to the OR stating the cash cannot be repaid & see what happens from thereWe all die. The goal isn't to live forever, the goal is to create something that will0
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well sureley, by paying any creditor more than another its favouring that creditor. if it was few hundred quid i could understand, but its £4k. thats a lot of money for them just to turn round say get it back.
you say that the OR can overturn the payment to him, is he obliged to pay in that regard, if no response is received, can they force the money to be paid back?On the Keyboard of Life - Always Keep a finger poised over the Esc Key! :rotfl:0 -
The OR will ask for it back first. If they cannot pay it back or wont then the OR will ask the other creditors if they want to fund court action to recover the money. If the credtors dont want to then the matter will be dropped, if they do want to fund it then an IP will be appointed to start court actionHi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.0
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