under caution?

beelucky

i am in the middle of filling in my soa, and a friend came round, he is fully aware of my impending br,and we were chatting away when he suddenly asked a question that i had never thought of, so im sure somebody will be able to answer it. "when being interviewed by the reciever are you under caution?", as in when interviewed by the police etc. also "are interviews recorded (for training purposes)" oh oh!!

any answers? dennis.

madoldbat

Hi Beelucky,not sure about the caution someone quicker witted than I will know:o But you do sware an oath on a book of faith just as you would in court so it could well be that you are .But thats not a problem because you are going to tell the truth,arnt you;) :rotfl:
Not sure about recording for traing either but I think they would need your pomition first.

gratton20

Yippee ... a question I know the answer to at last!

You are NOT under caution when speaking to the OR as that would be appropriate ONLY in a criminal investigation, for example by the Police or Social Security fraud section. You would be told beforehand if you were being interviewed under caution, and be given your rights ... the "it may harm your defence if you do not mention when questioned" etc speech you see on the telly cop shows. You would also have all the rights given under PACE (Police and criminal evidence act) and in particular the right to have a solicitor or other person present.

Investigation by the OR is a CIVIL matter. If, of course, later he found suspicion of possible criminal activity that might well change things.

Does that help?

madoldbat

Said a bright spark would be along to give the correct information :T
Thanks Gratton.

fermi

Nope. You're not under caution in that sense.

You are however subject to a court order, and therefore bound by the provisions of the Insolvency legislation. Non compliance is at the very least contempt of court.

From: http://www.insolvency.gov.uk/guidanceleaflets/guidetobankruptcy/guidetobankruptcy.htm

When a bankruptcy order has been made, you must:

• comply with the Official Receiver’s request to provide information about your financial affairs. The Official Receiver may request that you attend at his or her office for an interview - the Court will give you the address of the Official Receiver. (Note: usually before the interview, you will be sent or given a questionnaire which you should fill in as fully and accurately as possible.) If the Official Receiver does not ask that you attend at the office for an interview, you will be sent a letter which will set out what is required of you. Again it is likely that you will be asked to complete a questionnaire. You should note that in either circumstance, any questionnaire completed before the bankruptcy order, supplied to you by an adviser or another third party, will not be acceptable;
• give the Official Receiver a full list of your assets and details of what you owe and to whom (your creditors);
• look after and then hand over your assets to the Official Receiver together with all your books, records, bank statements, insurance policies and other papers* relating to your property and financial affairs;
• tell your trustee about assets and increases in income you obtain during your bankruptcy. (Note: by law you must inform your trustee of any property which becomes yours during the bankruptcy. Such property includes lump sum cash payments that you may receive, for example redundancy payments, property or money left in a will);
  l stop using your bank, building society, credit card and similar accounts straightaway;
• not obtain credit of £500 or more from any person without first disclosing the fact that you are bankrupt;
• not make payments direct to your creditors.

You may also have to go to court and explain why you are in debt. If you do not co-operate, you could be arrested.

The last bit about going back to court only happens very very rarely, so don't panic.

beelucky

thank you all,
it was just one of those daft questions that throw you off balance if you know what i mean. id never even consider it but once he asked i thought " blimey, it never even entered my head".
anyways i estimate i shall be ready by early next week to make an appointment to swear the oath and go b/r, it will be such relief, more for my partners sake than mine. all debts (20k) are in my name.

thank you people for your help.

beelucky