We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
How to make a claim against a bankrupt person?
Esoog
Posts: 1,489 Forumite
Greetings all,
My partners ex-husband has gone bankrupt, how do we make a claim against him for monies owed to us? For example he lived in my partners house (joint mortgage) for at least 3 months before he moved out where he did not pay anything towards the costs. Also after he had left he did not change his personal loan to come out of his sole account - so it came out of the joint account - taking it over the overdraft limit, so that when my partners wage went into that joint account (thats where all the stuff was coming out of - he wasn't paying in to it at all) it automatically paid off the amount taken for his loan. Going over the overdraft also incurred bank charges of £290. In the end I had to pay these off to prevent the situation from getting worse.
Do we just contact his Official Receiver and say we wish to make a claim?
I appreciate this post is a little different from most of the ones on here, however this is a board for questions about bankruptcy not just for people going/gone BR. And we are owed money.
Many thanks,
My partners ex-husband has gone bankrupt, how do we make a claim against him for monies owed to us? For example he lived in my partners house (joint mortgage) for at least 3 months before he moved out where he did not pay anything towards the costs. Also after he had left he did not change his personal loan to come out of his sole account - so it came out of the joint account - taking it over the overdraft limit, so that when my partners wage went into that joint account (thats where all the stuff was coming out of - he wasn't paying in to it at all) it automatically paid off the amount taken for his loan. Going over the overdraft also incurred bank charges of £290. In the end I had to pay these off to prevent the situation from getting worse.
Do we just contact his Official Receiver and say we wish to make a claim?
I appreciate this post is a little different from most of the ones on here, however this is a board for questions about bankruptcy not just for people going/gone BR. And we are owed money.
Many thanks,
0
Comments
-
Hi, yes if you are owed money then just give the OR a ring or a letter and explain the circumstancesHi, 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 -
Yes, you contact his OR and ask to be added to the list of creditors.
However, you won't get a penny for the mortgage your partner and her ex are jointly liable for that debt and now that he is BR and shortfall from the repossession, arrears and associated costs will fall entirely to your partner.
Any payout is divided between all creditors so it's highly unlikely you'll ever see a penny.Accept your past without regret, handle your present with confidence and face your future without fear0 -
peachyprice wrote: »Yes, you contact his OR and ask to be added to the list of creditors.
However, you won't get a penny for the mortgage your partner and her ex are jointly liable for that debt and now that he is BR and shortfall from the repossession, arrears and associated costs will fall entirely to your partner.
Any payout is divided between all creditors so it's highly unlikely you'll ever see a penny.
Yep, we know all about the mortgage - however we're thinking that we can maybe use the money he owes us as leverage to lower the beneficial interest? Is that realistic?0 -
as i say you dont get if you dont ask, but i wouldnt have thought so as that is a seperate agreement with your self and not secured on the propertyHi, 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 -
Yep, we know all about the mortgage - however we're thinking that we can maybe use the money he owes us as leverage to lower the beneficial interest? Is that realistic?
Not really no, that would mean you were getting an advantage over all the other creditors.Accept your past without regret, handle your present with confidence and face your future without fear0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.2K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.3K Work, Benefits & Business
- 600.9K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259.1K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards