How to get my money back?

purrky

I am asking anyone out there if they can help. I loaned my brother in england 35 k nearly 4 years ago but as he went bankrupt he has been under the orders of his debt people in london. Now come march 2014 he is totally free to do as he wishes . He is working full time and renting house and renting car etc . As far as I can make out having a decent life. I have 2 small children and not worked for a year etc due to ill health ( and this has a lot to with it)
He has not even tried to make token payments to my kids to repay this . What can I do ??? Please desperate . And I have all the proof from where and when i made the bank transfers.

imoneyop

I'm afraid that you are probably going to be out of luck.

When he became bankrupt the slate was wiped clean and his creditors will have received what ever payments were allocated to them (probably pennies in the pound).

Were you registered as a creditor? If not, then you need to take legal advice as he should have given details of all his debts.

[Deleted User]

Do you have proof it was a loan that should be repaid?

poppasmurf_bewdley

If he went bankrupt AFTER you loaned him the money, then I'm afraid he is under no obligation to pay you anything. Did the Official Receiver or Administrator contact you about the debt?

d70cw6

have you asked him?

Jackie132

First thing you should ask about it, and talk briefly on this issue. If he doesn't convince by this, then you can claim if you have all necessary documents.

BillJones

poppasmurf_bewdley wrote: »

If he went bankrupt AFTER you loaned him the money, then I'm afraid he is under no obligation to pay you anything. Did the Official Receiver or Administrator contact you about the debt?

Well, no legal obligation (assuming he correctly included the debt in his bankruptcy petition).

I'd argue that he still has a moral obligation to repay if he can.

imoneyop

BillJones wrote: »

I'd argue that he still has a moral obligation to repay if he can.

Should that moral obligation also extend to the other creditors that were shafted by him?

iolanthe07

Never, ever, lend to friends or family unless you are willing and able to bear the total loss of the amount.

Monkeyballs

Hi Op,

As others have posted, legally you're shafted...

But just speak to him about it, there isn't any more advice that anyone on this forum is going to offer I'm afraid

MB

BillJones

imoneyop wrote: »

Should that moral obligation also extend to the other creditors that were shafted by him?

Yes, I think that it does. I always respect people who work to clear up debts after a bankruptcy.

I know that some will disagree with this, but as I'm still the sort of person who goes back into a shop when they have been given too much change, and hands in found money to a police station, I don't agree that the "right thing" is synonymous with "the minimum enforced under law".

It sounds in this case as though the brother may not have included this debt in his petition, in which case it may be more than a moral obligation.