Money Owed

fatbelly

VitaHQ wrote: »

Thanks for your reply. On the basis that no judgment has been given yet, could it be that there is no official debt that has been noted prior to the Bankruptcy, which means their is nothing to be written off?

Technically could a debt be pursued with a judgement post-bankruptcy?

Do you know the legal standpoint here?

From the technical manual:

Bankruptcy debts are defined as [note 9]:
•any debt or liability to which the bankrupt is subject at the commencement of the bankruptcy (being the date of the bankruptcy order),
•any debt or liability to which the bankrupt may become subject after the commencement of bankruptcy, including after discharge from bankruptcy, by reason of any obligation incurred before the commencement of bankruptcy (a contingent liability – see paragraph 40.9),

TheGardener

Unfortunately if the person who owes you money has declared themselves BR and has zero assets - you will not get anything back - not now and not in the future.
He won't have gone BR for just one small debt to you - there is a minimum debt of £20K before anyone can become BR (there are other options for people with smaller debts)
Any action to recover money is 'trumped' by the BR.

fatbelly

You should get a full breakdown of his creditors. It is likely to be more than 20k owed but there is no official minimum for personal bankruptcy.

It looks like your court claim was the 'straw that broke the camel's back'

VitaHQ

Thanks for your input, all. I've had full details via the report, list of creditors etc. and have also met with other creditors to here their story. In summary, the Bankrupt has carried out the same scheme of taking deposits then citing bad health but never returning the money.

I'm keen to pursue any avenue to try and prevent anyone in the future being scammed. The moment I was aware of the bankruptcy I accepted that the money was gone, unfortunately.

I'll have to leave it to South Wales Police, Action Fraud and Trading Standards to do what they need to do.

National_Debtline

Hello VitaHQ


For what it's worth, it sounds from what you say about the bankrupt that they may be made the subject of a Bankruptcy Restrictions Order (BRO). These Orders can extend the effects of bankruptcy for up to fifteen years as a sanction for various behaviours such as reckless/irresponsible conduct, which can include continuing to accept customer deposits when knowing one no longer has the means to trade.


Details of recent BROs can be found at https://www.insolvencydirect.bis.gov.uk/IESdatabase/viewbrobrusummary-new.asp


I'm sorry that none of the above will necessarily help you recoup your money.


Dennis
@natdebtline

MEM62

VitaHQ wrote: »

Thanks for your reply. On the basis that no judgment has been given yet, could it be that there is no official debt that has been noted prior to the Bankruptcy, which means their is nothing to be written off?

Technically could a debt be pursued with a judgement post-bankruptcy?

Do you know the legal standpoint here?

There are no technicalities to get around the situation - unfortunately your money is gone. All debts incurred before the bankruptcy are included and this debt existed before bankruptcy. (The debt does not need a CCJ to 'exist')

It would not be lawful for you to pursue this debt post-bankruptcy as the landscape gardener would have no liability for it. All you dealings must now be with the Official Receiver.

Frustrating, I know, but that's how bankruptcy works.

The_Real_Cheddar_Bob

I feel bad for you, did you by any chance pay via a credit card?