Advice on change in Official Reciever and Payment Order Expiry?

phoenix777777777777

Hi All,

A little advice would really help me on this.

Went BR nearly a year of so ago because of business failure. Recently I've been told that my Official Receiver (I think that's the term), the person who has dealt with me from the start has been replaced by somebody from a company at the request of a creditor. No other creditors rejected so it went ahead. They've not made contact with me but I think it's because they think I have hidden assets (which I haven't).

My question is can the above delay my discharge? Also, because of my limited income I am not currently required to contribute to my debt. Can I be requested to after I have been discharged?

Really appreciate any help on this, only just got over the devastation of it all and now this has knocked me for six.

debt_doctor

phoenix777777777777 wrote: »

Hi All,

A little advice would really help me on this.

Went BR nearly a year of so ago because of business failure. Recently I've been told that my Official Receiver (I think that's the term), the person who has dealt with me from the start has been replaced by somebody from a company at the request of a creditor. No other creditors rejected so it went ahead. They've not made contact with me but I think it's because they think I have hidden assets (which I haven't).

My question is can the above delay my discharge? Also, because of my limited income I am not currently required to contribute to my debt. Can I be requested to after I have been discharged?

Really appreciate any help on this, only just got over the devastation of it all and now this has knocked me for six.

Hi,
It seems your case is to be transferred to an Insolvency Practitioner (IP) - Often proposed by the main creditor. IF the IP (or OR) think that you are not cooperating, then they can apply to court to have your 'discharge suspended indefinitely' until such time you come up with answers to their questions / evidence requests. The court makes the decision.
An IPA cannot start once you have been discharged, but of course a suspension of discharge would allow an IPA to be made during this time, even it if stretches beyond the norm of one year.
DD

phoenix777777777777

Thanks DD, really useful answer.

I've not had any communication from the new IP at all (nearly a month since they took over), I only found out because of a letter from the Insolvency Service.

Does the new IP have to tell me what's going on? the Insolvency Service said they would, but I'm so very close to being discharged I'm wondering if they will do so in time. If they attempt to prevent my discharge will they tell me so or will (if they succeed) I just find out in the post?

fermi

They would need to make an application to the court, which they and I think the court must notify you of, and in which you will get a chance to oppose it and have your say.

So they can't just run it through without you knowing or having a chance to challenge it IYSWIM.

standalone

Hi Phoneix do you mind if I ask, if at any stage to date has the OR dealing with your BR contacted you to inform you they are considering going to court to apply for a suspension of your BR or is this the first you have been informed they are not happy with your case.

phoenix777777777777

Thanks Fermi

Hello Standalone - Yes I had no idea there was an issue, and I still don't. The OR I have been dealing with since the beginning never indicated there was an issue. Had the meeting, signed off without any problems. Completed details of my income a few months later, heard nothing back. Then this letter arrived.

I don't understand it all and it's very frustrating. Just when you think there is light at the end of the tunnel something gets in the way :-(