Hassle from Creditor post BR

kew63

Hubbies still getting threats from a creditor, who was a supplier to his now closed buisness. He is making the threats through hubbie's new boss who is now a customer of this creditor.
The creditor is saying they are going to fight the BR to get it overruled and wants my hubbie to come to a "private" arrangement to pay back what he owes.

I know this is totally illegal, against the BO, and we should be reporting to the OR asap, but that's where the creditor has been very clever, if we do it drags hubbies boss into the problem, and we dont want to do anything to jeopardise the new job.

I've told hubbie under no circumstances will creditor get a penny from him unless it's via the OR, and any private arrangement would lead to a BRU/BRO.
As far as I know a BR cannot be overturned and when the OR has asked loads of questions which related to this creditors allegations, they were all answered and so far not heard anything back - and that was over a month ago.
What the hell can we do, I want to go straight to OR but what would they do?

miss_spooky

Hi Kew63,

It must be really horrible to have this person hounding you like this. How good a relationship does your hubby have with his boss? Is this the only supplier in your area or is there any others your oh's boss could go with.

I'm thinking that if your hubby has a good relationship with his boss & he obviously already knows about hubbies BR, then he could write a letter to the supplier asking him to stop his threats & involving the boss & company or he will take his business elsewhere.

I would also inform the OR as they should be able to speak to him as he is harrassing you.

Not sure what others think?

DarkConvict

At a stretch i could almost see it is blackmail, trying to get him to pay money by going though his boss in order to force him to pay.

I do not see why the job would be in jeopardy if it went via an OR, unless i missed something. But if you have any trouble i would just state the debt no longer exists and any further communication will be passed to the OR.

Tinytim

Hi Kew,

I would definitely tell the OR. I would imagine he would take a very dim of this. I wouldn't hold back on the facts either, and make sure the OR knows that this creditor's actions could jeopordise you hubbies new job. The creditor is inciting your hubby to break the law.

DarkConvict

Tinytim wrote: »

Hi Kew,

I would definitely tell the OR. I would imagine he would take a very dim of this. I wouldn't hold back on the facts either, and make sure the OR knows that this creditor's actions could jeopordise you hubbies new job. The creditor is inciting your hubby to break the law.

Would it be classed as a criminal offence, I'm not sure which law you are relating to.

Tinytim

I think it might be in two instances, although I am sure someone with more knowledge will correct me if I am wrong. I believe it is technically a breach of the relevant law to prefer a creditor, hence the court being able to enforce a penalty in the form of a BRU/O. I also think it may be illegal for a creditor to continue to harrase a debtor after bankruptcy - I know it is illegal to commence court proceedings (CCJ) against a bankrupt

DarkConvict

Not to hijack this thread, but if you lost your job due to harassment from a creditor would that creditor then be liable for loss of earning?

kew63

Thanks so much for all your replies. I managed to persuade hubbie that we have to tell the OR, and eventually he agreed. OR were very nice said that creditor had a right to speak to a Insolvancy Practionioner (at their own cost) to see if hubbie's BR was above board, but as far as they were concerned the case is wraped up, they have no more interest and just leaving it open for a while for creditor to be able to check, but said they really couldnt see how he could acheiev anything.
Surprisingly they said they could do nothing to creditor, but at least it's on record and if this gets any nastier I will review options that will include possibilty of restraining order.
He's spoken to boss again & seems ok, but you just worry that if this bloke keeps this up he's going to get fed up.
There's absolutely no chance of any private arrangement now or at any time in the future, and sorry I'll probably sound like a right tyrant, but as I now hold the purse strings he can go whistle. Would quite happily pay something to creditors through an IPA but will not be threatened by anyone.

Although BR has been in many ways a releif this part of it has been hell, and to anyone who's a sole trader considering BR just make sure everything is done by the book, no preferentional treatment, proof of advice you have taken and records of everything.

Thanks again to all you kind people who replied - onwards & upwards & hopefully tomorrow will be a better day :-)

DarkConvict

Glad you have come to a decision. I'm sure everything will go fine with the OR. Your husband is good to have you and an understanding boss.