Is the end of ED an urban myth ?

easygoingchap

I have read on a thread here in and in a couple of other sites that ED is bring phased out wef October and we will all have to wait for AD.

Is this true ?

I have to say that I hadn't ever heard of ED until I joined thus site. CAB, stepchange, the court or our OR - not one ever mentioned ED just AD.

Thanks and sorry for asking a stupid question :beer:

fermi

The changes are enacted in the schedule 21 of the

http://www.legislation.gov.uk/ukpga/2013/24/schedule/21

PART 3 Bankruptcy early discharge procedure. Insolvency Act 1986 (c. 45)5In section 279 of the Insolvency Act 1986 (duration of bankruptcy), omit subsection (2) (bankrupt discharged early if official receiver files with the court a notice stating that investigation of the conduct and affairs of the bankrupt is unnecessary or concluded).

If or when that repeal comes into force it will remove the abililty of the OR/trusee to grant early discharge.

As however is often the case, with legislation it only comes into force when a separate "commencement order" under a statutory instrument is made with a specific date that it comes into force.

In other words the repeal is technically on the statute books, but is dormant under the government take that final step.

I'm not aware of a statutory instrument being introduced to bring it into force yet, but could have missed it.

wharty

I have mentioned it on here on two of my threads. My OR told me i wouldn't get early discharge as it's being repealed in October.
I was told this in June.

easygoingchap

wharty wrote: »

I have mentioned it on here on two of my threads. My OR told me i wouldn't get early discharge as it's being repealed in October.
I was told this in June.

Well I haven't read your threads but sounds like your info was correct. Hey ho

tigerfeet2006

Well we have noticed on this board that over the last 2 years ED's are getting less and less. We used to have around 1 or 2 a week or so, then it went to 2 or 3 a month and then 1 a month and then, 1 every couple of months and now they are rarer than hens teeth, can't remember off the top of my head when the last one on the board was.

alastairq

I admit I could see this a-coming 5 years ago!

The RTLUs were under-staffed at best [cuts in civil service jobs that everybody seemed to applaud...get rid of the civil servants, plague on our way of life, etc??}....I was in regular email contact with the RTLU officer.[his request..couldn't keep up with his snail-mail]....and his view back then was, it will either die a death, or eventually be removed.

Reason?

ED was expensive to administer, took up valuable manpower time, and in the end, achieved little for the BR estate.

The next step will likely be, the 'removal' of the actual Court process for BR....placing it entirely into the IS hands...seems logical..as even the Courts admit there are many legal processes which are administratively expensive, and outdated ..

Hence, being able to submit a 'small claim' against someone, online?

The Courts themselves do not need to be involved at all...what needs to be retained, however, is the backing of the power of the Courts.

fermi

Will have to wait and see if they schedule a commencement statutory instrument before October.

Even if not, as ED is purely optional the IS could simply decide on cost/benefit to just stop doing them anyway, as seems to have been the case for many anyway.

Action_Jackson

Take a look at the ED guidance notes for the OR:

bit [dot] ly/18lyNdg (can't post a working link here as new user, so you'll need enter that URL manually).

Looks like a load of time and hassle considering AD is after just 12 months.

I can see how it was relevant when BR lasted years e.g. for people on benefits, but not any longer.

easygoingchap

Action_Jackson wrote: »

Take a look at the ED guidance notes for the OR:

bit [dot] ly/18lyNdg (can't post a working link here as new user, so you'll need enter that URL manually).

Looks like a load of time and hassle considering AD is after just 12 months.

I can see how it was relevant when BR lasted years e.g. for people on benefits, but not any longer.

Hopefully a mod will pop around and fix that URL for you ( us) as I have no idea what to google

fermi

The link shortener (please don't use those as it's against forum rules) would have resolved to this link.

http://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch13-24/Chapter22/part2/Part%202.htm#22.13

fermi

Here we go. Confirmation that this is coming into force from Oct 1st 2013.

http://www.legislation.gov.uk/uksi/2013/2135/made