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Speaking too official receiver on wife's behalf..?

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stuart30
stuart30 Posts: 499 Forumite
edited 22 September 2010 at 8:19PM in Bankruptcy & living with it
Guys hopefully a simple question is there any law that states my wife has too speak too the official receiver directly or can she ask them too allow myself too speak for her.

Reason i ask is we went bankrupt a couple of days apart and was told the official receiver would deal with us together.

The interview my wife wasn't asked for as i previously explained she isn't English and English isn't her first language...she often doesn't understand something then asks me and i can explain for her too understand easily.

Today the official receiver's office called...wife answered and said can you speak too my husband..point blank they said No its your bankruptcy we need to speak too you,after asking several questions she had too say i don't know can you speak too my husband.

Im listening on the upstairs phone and tell the official receiver once again that I deal with all debts/bills and household official stuff and the wife doesn't understand thus avoids mistakes being made.

He then very rudely raised his voice and said ""Let me tell you how things are done...you don't speak on your wife's behalf she does,she has applied for the protection of the court"".

At this point my blood pressure is off the scale....so question is can my wife ask legally for me too speak on her behalf or has the official receiver the right too demand too speak too her knowing the answers she gives will at best be a guess as she doesn't understand whats been asked.

Too say I'm bloody furious at the way we've been spoken too is a massive understatement.:mad:

Just too clarify my wife understood fully why we went bankrupt and was/is in full agreement...it just taks three times as long for a stranger too expain too her than it does me.

Comments

  • debtinfo
    debtinfo Posts: 7,012 Forumite
    Your wife has to co-operate and answer if the OR asks her to. If she cannot understand then she could ask for an interpretator or for the question to be put in writing but you cannot simply answer for her. You could ask to interprete for her but it would have to be a straight you repeat everything the OR says and then when your wife says, They could record it and if they found that you were not translating directly but putting your own spin on it then you would be in trouble.

    There are reasons for this, Suppose you were a domineering person that had done something wrong and you were forcing your wife to say what you wanted or involving her in your cover up. The OR asks to speak to her and you say no you want to answer for her, can you see how that may look. That is why they will want seperate answers, but if she cannot understand properly then the OR should take measures to make sure that she does and is able to answer
    Hi, 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.
  • SouthCoast
    SouthCoast Posts: 1,985 Forumite
    Try asking for a F2F interview and taking along an independant interpretator.
  • I agree with the above, although I can understand op point of view.

    Surely a face to face meeting with an interpreter present is the most suitable course of action, rather than demanding she conduct this telephone interview without fully understanding what is being asked of her.

    Personally I think I would ask for a face to face meeting with either yourself present if you are not allowed an interpreter.


    Hope you get this sorted.
  • stuart30
    stuart30 Posts: 499 Forumite
    edited 22 September 2010 at 9:00PM
    Thanks guys...but thats the funny thing,her english is pretty damn good.

    Its just when people fire questions at her she doesnt know what too say...then i have too explain too her and she then says ""ahhhh you mean xyz"".

    Just takes 5 times longer than if they ask me.

    Ive dealt with both bankruptcies and she wasnt asked for at the first interview with OR.

    Fully understand about the domernering husband...but no chance in my house...lol.

    I think next time i"ll let the OR ask all his questions and let him be the one who isnt any wiser when she replies ""I dont know what you mean"" lets see what his blood pressure is like after.

    Ive tried too help...and ive been abused for it.:T

    Oh just too make clear the OR we was dealing with (no idea why this other OR has phoned...do you deal with more than one..?) oringinaly was fine with me answering for my wife and if i didnt know id ask her as she always sits besides me just in case im not sure of something.
  • stuart30 wrote: »
    Thanks guys...but thats the funny thing,her english is pretty damn good.

    Its just when people fire questions at her she doesnt know what too say...then i have too explain too her and she then says ""ahhhh you mean xyz"".

    Just takes 5 times longer than if they ask me.

    Ive dealt with both bankruptcies and she wasnt asked for at the first interview with OR.

    Fully understand about the domernering husband...but no chance in my house...lol.

    I think next time i"ll let the OR ask all his questions and let him be the one who isnt any wiser when she replies ""I dont know what you mean"" lets see what his blood pressure is like after.

    Ive tried too help...and ive been abused for it.:T

    Lol it is always the way, you try to do the right thing! personally I think it could have been handled better the OR end.

    If they insist on the telephone interview let her do it I am sure they will soon change their minds, from personal experience fact finding telephone conversations and people with limited english do not mix well.

    I use to speak louder thinking they would understand me, then I used to think they are not deaf! Anyway, they all used to result in a face to face meeting being arranged and a nice headache for me! I used to be a mortgage advisor :)
  • Gemlou26 wrote: »
    Lol it is always the way, you try to do the right thing! personally I think it could have been handled better the OR end.

    If they insist on the telephone interview let her do it I am sure they will soon change their minds, from personal experience fact finding telephone conversations and people with limited english do not mix well.

    I use to speak louder thinking they would understand me, then I used to think they are not deaf! Anyway, they all used to result in a face to face meeting being arranged and a nice headache for me! I used to be a mortgage advisor :)


    That's exactly all it was...just trying too stop the OR having too ask the same question 10 times and get 9 different answers...:rotfl:

    I feel that if he had of been polite and calm then fair enough id not have a problem with it...the manner he thought he could talk too me in thats annoyed me.

    Oh well over too the wife in future...god help him.:p
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