Completely lost, help!

pace1uk

Hi all,

I'm throwing myself at the mercy of people who might be able to help having either been through a similar circumstance or be a professional in this area. I have read a few pages of threads but so far haven't found anything that sounds similar.

Me and my wife were made bankrupt by a creditor in November 2013 and we have been subsequently released in the November of 2014. During this time we had our interviews with the official receiver, who went through everything thoroughly and at the end of the interview advised we would not need to be placed under any kind of payment order during the term of our bankruptcy.
Following this we shook hands and went on our way, we then lived within our restrictions for the full 12 months and as mentioned before have been discharged.

However in the January of this year my mother has now been contacted with regards to her making a payment towards the debts that were included in my bankruptcy by a third party solicitors acting on behalf of the OR.
I didn't take them seriously as the OR had not said anything nor had he communicated this to me, and my subsequent attempts to contact him had gone in responded to.

Since then they have tried a further two times, leading me to loose my temper and try to get them to leave my mother alone once and for all. However during this it has come out that they were indeed instructed by the OR to recover monies form my mother from my wife's house sale previous to the bankruptcy. This was money that my mother had leant us for the deposit way back when and was always agreed to be returned.

This was discussed in the interview with the OR and not once did he mention anything about it being required to be followed up on. It was also transferred at a time I was making regular payments to my creditors and had no inceling they were viewing to make me bankrupt.

My mother holds no money of mine, nor has she garunteed or had any involvement with my debt prior to this.

I am really confused, as I don't understand why this wasn't sorted during the bankruptcy or I wasn't at least told this was going to be investigated so I could assist in clearing the issue up.

I am now at a point where the OR is refusing to speak to me and this company continues to peruse my mother who is panicking like anything.

I could really use some Advice from anyone who could, it would be whole heartedly appriciated. Thus far my internet searches and reaching out to debt charities have met with no help.

Yours hopefully.

alastairq

Hi..Is there any documentary evidence your Mother loaned yourselves the deposit?

Evidence of money transfers, etc?

antrobus

pace1uk wrote: »

....However in the January of this year my mother has now been contacted with regards to her making a payment towards the debts that were included in my bankruptcy by a third party solicitors acting on behalf of the OR. .... However during this it has come out that they were indeed instructed by the OR to recover monies form my mother from my wife's house sale previous to the bankruptcy. This was money that my mother had leant us for the deposit way back when and was always agreed to be returned. ...

My guess would be that the OR believes that this is an example of unfair preference.

As in; your wife sold a house, she owed money to a number of different people, but chose to repay your mother's debt in full and left her remaining creditors hanging in the wind, rather than share the proceeds out between her creditors.

The fact that your mother's debtor arose because she lent you the money for the house deposit would be irrelevant unless that debt had actually been legally secured against the house.

Your mother needs to take proper legal advice on her position.

antrobus

This kind of thing;

31.4A.25 Preferences - introduction

The provisions of the Act relating to preferences ....allow the office-holder to challenge the doing by a company or individual (or the suffering of anything by a company or individual) of an act which has the effect of putting a creditor (or guarantor) in a position which, in the event of the company going into insolvent liquidation or the individual entering into bankruptcy, will be better than the position he/she would have been in if that act had not been carried out.

31.4A.37 Types of transactions that may be viewed as preferences
The repayment (or part-repayment) of a debt is the most likely example of a transaction that may be viewed as a preference.


https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch25-36/Chapter31/part4A/Part%202/Part%202.htm