OR call tomorrow extremely worried!!

Seth0571_2

Hi,

Thanks for this great site it's good to know you are not the only person going through the bankruptcy process & advice is great on here! My partner went bankrupct a few weeks ago (long story business failed & personal guarantees against company debts took him too) He has the dreaded OR call tomorrow but having read some of the advice here & knowing someone who went through the process & their OR was actually quite nice was hoping it wouldn't be too painful. My partner has spoken to his OR & she does not appear to be very nice at all. He called asking for advice about paperwork only to be told "we do not give advice" he has spoken a couple of times to her & she does appear to be completely vile.
We both completely understand the role of the OR but are now absolutely terrified about tomorrow's call. My partner is suffering from depression after suffering a breakdown due to business failure & I'm so worried about him. We also are terrified about the family home we have been quoted negative equity from one estate agent (although another estate agent valued high which was about 8k equity if sold at their valuation) but was hoping that there was an arrangement we could come to where I buy back the BI. The house is solely owned by partner but it is our family home & just so desperate to secure it rather than wait the 3 years (and as house prices are going through the roof are extremely worried)
I'm just worried about the OR call I'm still hoping that she isn't as bad as we think & also my partner will be ok as I'm at work tomorrow. Guess its going to be a long sleepless night for all the family!

TheGardener

Try not to worry too much. Follow all the advice about being organised for the call; turning of any other phones and locking doors so you wont be disturbed. Have a drink, a pen and some paper to hand and your copies of the BR forms (...and remember to go to the loo beforehand )
All you have to do is answer questions truthfully and if you don't know the answer then just say so.
I'm sure hubby will be fine but if he feels overcome and feels he really cant cope with the call then all he can do is explain the situation and ask for a breather.
The OR is not there to judge or scold - just to establish facts.
Good luck

egrescrimp

Try not to worry too much, easier said than done though! I got the wrong impression of my examiner from our first call, but during the interview she was fine.

Euphoria1z

I had mines a few days ago. As mentioned above don't worry about it. Be honest. Answer with confidence. Tell it like it happened. Be straight and to the point. If you don't know then you don't know. Be brave, there just doing there job, their not your friend, so don't worry if you don't like their tone.

tigerfeet2006

There will be silences while the OR is writing things down don't be tempted to fill those silences. Stay quiet until the next question. Don't waffle and keep the answers to the point. If you get lost then ask her to repeat the question. Have some water beside you and take small sips. If you don't know say you don't know.

seth0571

Thank you for all your kind words, unfortunately it did not go well at all! The OR did not seem to have all of the information despite insisting that my partner sent through his documentation in 48hrs (3 hours of photocopying) Other points she got wrong included-

• Land registry date incorrect said it was 1993 old owners
• Insolvency practioners names incorrect (from company liquidation)
• Asked if lived alone despite the fact that have 3 children & partner was informed within documentation several times.
• Told car which is worth approx £500 would probably be sold as partner ill, does not use it despite having to look after poorly father not on bus route, partner uses for work & have children to run around after, also disputed the state of the car- which is actually bad (neither of us are great drivers) & basically said it wasn't.
• Was told could not do anything about buying back beneficial interest as valued at 119k (estate agent) then was told that they would value the house at the remortgage value of 140k which would create equity but still could not do anything about it.
• Have been told to call mortgage company to tell them house is in negative equity & up to mortgage company whether to let us stay in house or be evicted.

At the moment so angry there is no consistency in the process, she obviously did not have the information with her or had incorrect information & would not do anything about the house. Which now we are unsure whether there is equity allowing us a chance to buy it back or whether it will be classed as negative equity. Has anyone had any dealings with an OR like this? Am I just being bitter or should I take it further?? Sorry for the rant just a bit in shock at the moment!

seth0571

oh and no debtors would be informed of bankruptcy for approx two months!!

tigerfeet2006

The 2 month thing is correct, they have up to 8 weeks to get together the paperwork to explain your reasons for BR which they then present to your creditors.

If anyone calls then just give them the BR number and OR details and tell them to get in touch with their office. If you have a letter the open it, check its not court papers and forward to OR. If it is court papers for a CCJ then return to court and your defence is you are BR, ask on here about doing the paperwork.

Is his car used for to get him to work? If so then find out where the buses go from and to, the times of said buses and the the price.

Are you wishing to stay in the house? Can you afford the mortgage each month? If yes then there is no need to talk to the mortgage co. just carry on paying the mortgage as normal.

Find out who the Assistant Official Receiver is and write a letter of complaint about the clerk you are dealing with and ask to be given a new one.

Rrushi_Shqiptar

tigerfeet2006 wrote: »

Find out who the Assistant Official Receiver is and write a letter of complaint about the clerk you are dealing with and ask to be given a new one.

All good advice, I also had a nightmare of an assistant who in fact left without completing the paperwork properly. I would ask for a new assistant and complain. I never spoke on the phone to them until the end, I had a face to face meeting.

Just because you are going/made bankrupt you still have a right to be treated fairly and with compassion, you also have rights as well.


Hope things get better for you.

PippaGirl_2

I had a nightmare first bloke from the OR office, that first telephone interview was a nightmare. He told me my car (worth £400) would be taken as I don't work unless I could get a letter proving my need of it within 24 hours. Thankfully a totally new GP to me from my practice wrote a letter saying I needed it for physical disabilities and it was essential for me to get to therapy for my mental health needs and the social isolation the loss of car would be devastating. They can't argue with letters like that so the car was made exempt. But most OR clerks would have allowed more than 24 hours to get evidence like that! Thankfully my church faxed it through for me. For some reason unknown to me I was later re-assigned to a lady who had compassion and a non judgemental manner for the rest of my BR days. I hope the first bloke had left, think he was a bailiff in a former life. Maybe get similar GP support for your need for the car?

seth0571

OMG! That's terrible! So glad you got to keep your car & hope everything is getting better for you. Just my opinion but do believe how your bankruptcy is dealt with comes come to the OR you are given. Having said that I can imagine its not a lovely job to do, makes the Insolvency Guidelines a joke though. Thank you for all the support & hope everyone has gone through this process & came out the other side in tact!