query as a creditor

rog2

JoeHel wrote: »

From what he's telling the OR, he has nothing in his bank account. Part of the bankruptcy is an £8k overdraft. But the OR has requested direct from the bank the statements that he's refusing to supply. They may show what he is hiding!!

Certainly, if he has 'shifted' large sums of money from his Bank Account, to a third party account, in the months preceding his bankruptcy (the Official Receiver has the authority to go back five years) then the OR can use his/her powers to 'reverse' those transactions.

JoeHel

Well the default judgment was filed in August 2006 (that meant that he was out of time to serve a defence so basically there would be no other option than him having to pay out). Any money "moved" after that date will be seen as a direct move to not have funds to pay this award. The hearing to decide damages was in March 2007 and then he was given the full bill for the award and the solicitors fees. Anything moved around that time will DEFINITELY be up for scrutiny!! He filed for bankruptcy in July 2007.

maxmycardagain

rog2 wrote: »

Certainly, if he has 'shifted' large sums of money from his Bank Account, to a third party account, in the months preceding his bankruptcy (the Official Receiver has the authority to go back five years) then the OR can use his/her powers to 'reverse' those transactions.

it depends how clever or clumsy the guy has been, his name may be on a joint account with his wife/partner, he may not have covered all the angles, and anyway, it cant hurt can it

maxmycardagain

If the guys running a riding school/stables then hes maybe a ltd company, have you searched to find it?

JoeHel

I've searched for the name of the riding stables. There is a company with that exact name but it's in a completely different county so it's not them. The planning application to convert their property into an equestrian centre was in his wife's name. That was refused, but there are adverts after that date offering riding services at their "equestrian centre".... She's also advertised a horse for sale last month. Nothing is in his name.

feedumall

just a thought but if they have a riding school even if in her name only,was it a joint owned property if so can you not put a lean on any assets generated from using the property,if hers alone did he gift her his share around bankrupsy,what car does he drive who owns it .Hate injustice like this.

JoeHel

I am going to call the OR and just check that she knows this whole equestrian business thing is going on. She wasn't answering on Friday so she must have been out. I'll keep you all posted!

By the way, I do really appreciate the support. I know this section of the site is mostly for those on the other end and I didn't expect much sympathy, but you guys have just been fab. Thanks. :T

JoeHel

Me again. Spoke to the OR today and they do know all about the equestrian centre, but apparently it barely makes enough money to pay the mortgage let alone leave anything extra for creditors. The OR said her boss is minded to allow the bankruptcy to be discharged in July because my OH can't pursue his claim for the damages award while the bankruptcy stands.

So now I'm asking a lawyer friend to help me compose a letter to send the day after bankruptcy is discharged, so he knows we are going to hound him until he pays up...

direstraites

You keep at him girl :beer: dont let the scum bag get away with sod all :mad:

JoeHel

Blast back from the past!!! Thought those of you who were so kind to help with info on this post might like a quick update.

Well, the defendant was discharged from bankruptcy in July 2008. The OR didn't drag out his bankruptcy because she wanted to give us the chance to start chasing this personal injury award again ASAP.

The solicitors are drawing up a Charging Notice to put a charge on his house. I realise there may not be too much equity in the property right now, but we have 12 years in which to enforce sale.

So basically in 10 years time, if he still hasn't come up with the money, we can force him to sell his house so we can get it that way. Interest is still running too... It was about £21k in the original judgment so it's probably up to at least £22k by now. Plus the solicitors fees were about £27k.

The idiot will soon realise that the year of bankruptcy was for nothing.

Wish I could be a fly on the wall when THAT letter arrives!!!