HELP- I've just been made bankrupt for a debt over 10 years old?

sarahb7

Can anyone give me some advice I’ve just recently received a letter from the insolvency service stating I was made bankrupt last month. This debt was from a Topshop card dating back 10 years ago that was originally about £200 but now it states I owe just over £1000. I've never made any payments on this and when I received a letter from a debt collector starting from the beginning of this year I assumed they didn't have a leg to stand on as it was so old??? But they obviously have...

I went to see the CAB service yesterday they have offered to help me complete the paperwork that I need to take with me for my insolvency interview. But they explained that all my other debts come into effect now as I would gladly offer to make payments towards this debt just to clear the bankruptcy. But apparently it's not that simple anymore- I’m a home owner so the CAB service advised that my share of the house would be offered to my partner to buy or a third party and my car that I recently purchased on finance would be taken of me....!!!

Help I really need some advice

Orville

sarahb7 wrote: »

Can anyone give me some advice I’ve just recently received a letter from the insolvency service stating I was made bankrupt last month. This debt was from a Topshop card dating back 10 years ago that was originally about £200 but now it states I owe just over £1000. I've never made any payments on this and when I received a letter from a debt collector starting from the beginning of this year I assumed they didn't have a leg to stand on as it was so old??? But they obviously have...

I went to see the CAB service yesterday they have offered to help me complete the paperwork that I need to take with me for my insolvency interview. But they explained that all my other debts come into effect now as I would gladly offer to make payments towards this debt just to clear the bankruptcy. But apparently it's not that simple anymore- I’m a home owner so the CAB service advised that my share of the house would be offered to my partner to buy or a third party and my car that I recently purchased on finance would be taken of me....!!!

Help I really need some advice

First of all get a copy of your credit report. if there was no ccj on this i am pretty sure that after six years it would have become statue barred. This means the debt if effectly written off as you can't be persued for it. If this is the case i think you can get your bankruptcy reversed.

Someone with more knowledge should be along soon to clarify.

Sunnylooloo

Sarah - really sorry I can't help but will bump you up

JCS1

If it is statute barred, you may be able to get an annullment on the grounds of "ought not to have been made". These are normally when the creditor doesn't follow procedure correctly, so I'm not too sure if it would apply, but it's worth looking at.

http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/Canmybankruptcybecancelled.pdf

Flyright

I think we need to be careful about giving advice on the basis that the debt might not be legally enforceable, the OP says applications for payment have been made within the last year so it's likely that the bankruptcy will stand and that the OP needs to ensure they fully cooperate with the OR.

JCS1

Agreed - but if there have been no payments or acknowledgment of the debt for 6 years that it might be statute barred.

But until the OP comes back we don't know for sure.

sarahb7

I've not had any correspondense about this debt at a guess since 2002 until now, when i received a letter at the beginning of this year. So therefore this is around 8 years where i've not received any letters about this debt owed.

Orville

sarahb7 wrote: »

I've not had any correspondense about this debt at a guess since 2002 until now, when i received a letter at the beginning of this year. So therefore this is around 8 years where i've not received any letters about this debt owed.

You must check your credit file to see if there any CCJ's relating to it. If not and you have not acknowledged the debit then it should be statue barred.

PARIS_5000

sarahb7 wrote: »

I've not had any correspondense about this debt at a guess since 2002 until now, when i received a letter at the beginning of this year. So therefore this is around 8 years where i've not received any letters about this debt owed.

When you received letters from the debt collector at the beginning of the year why did you not ask for legal proof of the debt by requesting a CCA or you could have sent them a stratue barred letter.

I would never ignored letters from debt collectors because that will give them the upper hand and you would be in the dark about what they are planning to do.

I think that they may have made you bankrupt because they checked the land registry and found out that you are a home owner.

I would mentioned to the OR that the debt is dispute but they may ask for proof that you informed the debt collector that it was in dispute.

Good luck.

debtinfo

Its not going to matter one jot to the OR, the Order has been made and therefore the OR sets about their job and will keep doing it until instructed otherwise by the court. The matter disputing the order is between the OP and the court