query as a creditor

maxmycardagain

was the employer a sole trader or a ltd company? if the latter who are the directors? id have to say id guess the guy has shifted all assets sideways to mum/wife/son/labrador, maybe he needs his legs broken?

have you got any big mates? sometimes one visit works wonders....

JoeHel

Fermi, you are a DIAMOND!!! :T Thank you so much for your help. I will contact the solicitors on Monday and see if that's the case. I will definitely let you know what happens...

I'm about to put together my SOA and join in the other forums. Looking through some threads has been a real eye-opener. I'm now fired up to clear those debts we have incurred whether we get anything from this horrible man or not!!

fermi

I try.

As said I'm not a lawyer so only they, or the IS, can tell you your position for certain. But I think you should fight to get what is deserved.

JoeHel wrote: »

I'm about to put together my SOA and join in the other forums. Looking through some threads has been a real eye-opener. I'm now fired up to clear those debts we have incurred whether we get anything from this horrible man or not!!

If that means posting on the DFW forum then that is a fab idea. There is a massive amount of support and experience regards dealing with debts there.

rog2

fermi wrote: »

In that case all the info I can find suggests that this is not a debt he can get out of via bankruptcy.

I agree, fermi - though what we need to define, if possible, is just how will the OR treat this 'debt'.
I appreciate that the debt will not be 'written off' by the bankruptcy, but it's the old adage of not being able to get blood out of a stone. Unless the OP's partner's boss, has sufficient assetts to cover all his debts in bankruptcy, he will still be unable to pay this debt after bankruptcy.
I wish the op well.

fermi

rog2 wrote: »

I agree, fermi - though what we need to define, if possible, is just how will the OR treat this 'debt'.
I appreciate that the debt will not be 'written off' by the bankruptcy, but it's the old adage of not being able to get blood out of a stone. Unless the OP's partner's boss, has sufficient assetts to cover all his debts in bankruptcy, he will still be unable to pay this debt after bankruptcy.
I wish the op well.

Point taken rog2.

If the person owing the compensation for injury/LOE is still genuinely unable to pay then they are still entitled to the same protection and provisions under the law that we recommend daily to conventional debtors.

As always, this is just a case of being aware of your rights and seeing what happens in that light.

rog2

JoeHel wrote: »

The solicitors didn't sue the firm - they sued him personally. All the paperwork is in his name.

Hi JH - I think we have well and truly established that this particular 'debt' will NOT be written off by the bankruptcy of your partner's boss.
However, depending on the level of 'other debt' that he had, it may well be that there is simply 'nothing left' to pay towards this compensation debt. You may get a 'percentage' payout, from the OR, but, unlike his other creditors, he will still 'owe' you any balance even when discharged.
It is 'what you do about' and how you wish to deal with' this balance that would worry me.
Yes - the NWNF 'Solicitor' should be able to advise, but I would advise that you, also, get some independent advice, as you will need to pursue this 'debt' through the normal channels, which MAY include further Court action.

JoeHel

LOL Max! I honestly don't know what the make-up of his company was. I believe it was a limited company which may be why the solicitors sued him personally.

He did make an offer of £12k in full and final settlement but the solicitors said they would have to take the whole lot so of course my partner had no incentive to accept that offer.

oh ... and don't think the last suggestion hadn't crossed our minds!!! My man has a 52" chest and a few of his mates are the same size. But they're a bit too old for all that now.. heh heh

JoeHel

yes fermi - I'm going to join in the DFW forum. It's so scary seeing it all laid out in black and white but it has to be done. My debts are getting pretty huge but I'm not yet at the stage where I can't make minimum payments and I want to turn things around before I get to that!

debt_doctor

Hi all,

Fermi as usual is spot on with the fact that personal injury claimsare outside bankruptcy but I was wondering wether the employer was a LTD company ?? if so then the liabillity would be limited to the company not the individual.

Best,

DD

maxmycardagain

have you checked with companies house to see if the ltd company is still listed? if it is issue a ccj, or winding up order