Creditor/Involuntary Bankruptcy

piggybroke

If you have no credit history at all for the last 10 years (never applied for anything requiring credit check etc) and your current bank account was never linked to your last known addresses, how will your bank know to close your current account if you are made bankrupt by a creditor? Are they relying on information passed to them by the official receiver?

If a creditor makes you bankrupt for a relatively small amount of money ie £3700 but does not have a current address or contact details for you, how will the official receiver make contact with you? What is the usual procedure in these type of cases?

If you do not acknowledge or make contact with the official receiver what will the consequences be? Is it that you will just remain undischarged in bankruptcy indefinitely? What steps would the OR normally take to locate you? Or do they wait for you to make contact with them?

Flyright

If you fail to cooperate with the OR your discharge from bankruptcy is likely to be suspended indefinitely.

Anondebtadvisor

They can instruct a tracing agent and it wouldnt take them long to find someone in these circumstances.

It is best to be open and honest

ziggy192

Just a question - I'm puzzled if you have no credit, how can you have a creditor???
So you have no credit trail linking you to where you were living when you got this debt?
The main thing debt collectors, tracers and all the rest use to track and trace you is your current bank account address and your linked credit record. Debt collectors, tracers, bailiffs etc do not have access to things like council tax, benefit, DVLA, tax or other private records. The only people who can track and trace you via information held with the benefits office, the council, DVLA etc are the police. All private businesses such as debt collectors, bailiffs and the like have to find you is any information you have provided either to them or your original creditor (such as where you work) and any updates to your credit file with any new addresses associated with your credit trail.
Is there any particular reason why you would not want to just cooperate and finish with the bankruptcy after a year or even less? Living permanently as an undischarged bankrupt could be really restricting depending on your circumstances.
Don't take my word for it but I would imagine that they will just hold you in bankruptcy until you contact them. Who would pay for a tracing agent anyway? Do you have assets that they know about? If so that could motivate them to pursue you more actively. On balance, I doubt very much they would send anyone after you.

debtinfo

The Official Receiver can ask for information from almost any organisation in order to trace you where it is deemed necessary

debt_doctor

Hi,
I'm not quite sure where you are coming from. 'Hiding' from your creditors I can fully understand, but to not cooperate with the insolvency service is both unlawful and self defeating in providing you in obtaining some 'peace' from your debt problems.

Could you let us know what your issues are, so we can assist.

DD

piggybroke

What sort of information does OR look for when they go thru your bank statements? What does it mean when they say they 'investigate' your affairs? What is their primary objective in 'investigating' you?

The debt is rent arrears after partner moved out - landlord kept coming round trying his luck, got knocked back, took it all personally, got vindictive about it and thats why he went straight for bankruptcy, even though he knew I had no savings or assets.

I've never had or sold any assets or anything like that but just wondering how deep the OR will want to delve into smallish credits coming into the account £200-600. What sort of things will they question?

piggybroke

Also scared that my new landlady will find out I'm bankrupt, will evict me and I will become homeless.

debtinfo

The purpose of the OR's investigation,is to write an explanation to the court as to how the bankruptcy occured, how the debts arose and if any bankruptcy laws have been broken. For example disposing of assets whilst insolvent, prefering one creditor over others, reckless spending, taking out credit whilst insolvent, a whole host of business ones.

In general most of the above even if they had occured and were significant would only result in a bankruptcy restriction which is a civil penalty (ie you cant get credit for a certain period etc). Not co-operating with the OR and lying to the court or disposing of assets after the bankruptcy order can be criminal offences and so the penalties are much worse, so i suggest that you co-operate at the first instance

How much do you owe the landlord, and how much in total, do you work or have any assets?