Finding if someone has applied for bankruptcy?

Wardy7

I'm owed money by someone (an individual not a company). They have told me they have applied for bankruptcy but I've not been able to check this.
I have used this site http://www.bis.gov.uk/insolvency/personal-insolvency/individual-insolvency-register and searched their name but it doesn't show up.
Would that show if someone had applied for bankruptcy or only when they get made bankrupt?

Am I best getting a claim in with the small claims court incase they do go bankrupt so I would get my share of any money that was left over after a bankruptcy?

IF

Hi Wardy7, should really show up straight away on the IS site. Maybe his name is slightly different, using his middle name? Check his address on the London Gazette.

The London Gazette - Advanced Search.

Best wishes
If...x

fermi

Would only show once (a day or so after) the bankruptcy order had been granted by the court.

Wardy7

Thanks for the replies guys. So if a bankruptcy order hasn't been granted yet then should I try and get in at the small claims court sooner rather than later and see if they can do anything or will it not work like that?

fermi

Oh, and if by chance they are in Scotland or Northern Ireland, it would be a different online register.

fermi

Wardy7 wrote: »

Thanks for the replies guys. So if a bankruptcy order hasn't been granted yet then shoudl I try and get in at the small claims court sooner rather than later and see if they can do anything or will it not work like that?

Probably not worth it if they are telling the truth? But who knows if they are?

Do you know how long is is before their bankruptcy hearing?

Might only be worth it if you had a chance of enforcing any small claims CCJ before they went BR, e.g. bailiffs, attachment of earnings, charging order etc.

If you have a CCJ but no charge over property, then when they go BR the CCJ is covered by the bankruptcy.

Then again, some people fib and say they are going BR to try and put creditors off from taking other court action? So do you gamble the court fees?

Wardy7

fermi wrote: »

Oh, and if by chance they are in Scotland or Northern Ireland, it would be a different online register.

No the are based in England. I couldn't find anything on that London Gazette search (the individual is based in the North West though) although I don't think that makes a difference.

fermi

Wardy7 wrote: »

No the are based in England. I couldn't find anything on that London Gazette search (the individual is based in the North West though) although I don't think that makes a difference.

They will only be only either register once a court grants a bankruptcy order. Not before.

Wardy7

fermi wrote: »

Probably not worth it if they are telling the truth? But who knows if they are?

Do you know how long is is before their bankruptcy hearing?

Might only be worth it if you had a chance of enforcing any small claims CCJ before they went BR, e.g. bailiffs, attachment of earnings, charging order etc.

If you have a CCJ but no charge over property, then when they go BR the CCJ is covered by the bankruptcy.

Then again, some people fib and say they are going BR to try and put creditors off from taking other court action? So do you gamble the court fees?

I don't know if they are telling the truth is my problem. He originally said weeks ago that he was due to be declared bankrupt but this still hasn't been done. I have asked for a bankruptcy reference number (I took a guess he must have one) to see if this would help me find out if he was telling the truth or not!

SouthCoast

Does he have any assets?

You could serve a Statutory Demand:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_187711

Wardy7

SouthCoast wrote: »

Does he have any assets?

You could serve a Statutory Demand:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_187711

I presume his house and car at least will be assets.
I have just done a Statutary Demand (well I worded a letter saying the sum that was owed and when he had to pay it by) and was about to go and post it, I put he has 7 days before I take legal action. I take it 7 days is OK or does it have to be longer?