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Pensions after bankruptcy
samowens
Posts: 5 Forumite
Please can anyone help? My husband was forced into bankruptcy through an error made by The Halifax, in November 1997, and at the time his pensions were taken by the Official Receiver as payment towards the debt. However in May 2000 the law changed and that was no longer allowed. He was discharged in November 2000. This weekend we found out that the OR wants us to pay £30,000 over 10 months to get them back! We don't even earn £3k a month between us, so where we are supposed to get it I have no idea. Back in 2002 an official at the OR told us to sit tight and that if we contested their attempt to take it when the time came, we would most likely win due to the change in the rules while he was still bankrupt. Has anyone out there had this problem, and does anyone know of anyone who has been successful in fighting their claim? Ultimately, is it worth getting legal help and the cost that involves, or should we just let them go?
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Comments
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Can you confirm that he went BR in November 1997 but the law didn't change until after he was discharged?
From what you are saying, you were told you could challenge it if the law changed before he was discharged and it appears that didn't happen.When I joined, I needed a name. The forum members gave one to me...I am INAN
"Fortunes ebb and flow and a boat must move with the tide and be thankful that it floats." Judith Allnatt0 -
INAN, information already supplied?However in May 2000 the law changed and that was no longer allowed. He was discharged in November 2000.No, I don't think all other drivers are idiots......but some are determined to change my mind.......0 -
Doh! I was working on 1 year discharge, completely forgot it was 3 years back then so missed the full meaning of that line of text...:o
Hopefully someone will know how to help the OP.When I joined, I needed a name. The forum members gave one to me...I am INAN
"Fortunes ebb and flow and a boat must move with the tide and be thankful that it floats." Judith Allnatt0 -
This is terrible. I feel for you. Hopefully someone who knows what they are talking about will answer you soonBuilding a new life after bankruptcy0
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some reading for you
http://www.insolvencydirect.bis.gov.uk/freedomofinformation/technical/TechnicalManual/Ch61-72/Chapter61/Part3/Part3.htmHi, 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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