Help RTLU

joathome

Hi all
Sorry to be a pain but I got a letter today from the OR saying that my bankruptcy file has been sent to the RTLU who will deal with any remaining assets remaining in my estate and payments to my creditors I am worried sick what does this mean I have no assets but I do have a job will they attach an earnngs order or something thought things where sorted and now this any advice please
Jo x

betterlatethannever

Hi Joan,
I'm sorry i might not be much help, but felt someone should reply.
All i could find when i googled this was...
Basically the OR has now handed over your file to the RTLU - which is good news - so any queries you have, direct them straight to them. It pretty much means (I think) that the OR has concluded looking into your matters and now it is just a case of administration

I'm sure someone will be along soon who can answer your query with some expertise.

wherediditallgo

Hi Jo,

I've found some threads that may be of interest to you.

From iva.co.uk
From Debt Questions
From Insolvency Helpline - look at items ix & x
From Bankruptcy Help - look at item 31.7.47

Cagey60

This is my story, a slightly unusual case that has had me stressed for 8 months now.

The first part of this tale begins with my Fathers death in 2006 - due to a series of unfortunate events (some of it my own silly fault), I was unable to get probate until March 2007.

My husband, and his business were made bankrupt in January 2006 - without my knowledge at the time, but eventually my husband and I discussed it, and we knew we'd get through it all.

We had a visit from a bailiff connected with the council tax in March 2007, who announced that although my husband had been made bankrupt, I was still liable to pay the overdue council tax, but we thought very little of it at the time, because I have no income of my own. But we also knew that I'd be granted probate shortly, which would supply us with money from both my Fathers life insurance, and the sale of his house.

In April 2007 I put a cheque in my account, and left to Cornwall to put my fathers house on the market. On my return at the end of that week, with a cleared cheque, I opened a letter to find that 2 days prior I had been taken to court and declared bankrupt. I was devastated, I had over £13,000 in my bank account, that was no longer legally mine and debts that I was intending to pay the following Monday that totalled £4000.

I had my first meeting with the OR Croydon on May 2nd 2007, who was very sympathetic and understood that this was a case of horrendous timing, but because I was clearly solvent he felt that this was a case that could be completed within 4 months.

All my money was removed from my account on June 13th, and at the beginning of August 2007 I received a letter to tell me that my case had been transferred to the RTLU and I felt that this was a good sign that my case should be dealt with quickly, and I would soon see any remaining money returned to me. Mid-September I spoke to an apparent manager at the RTLU, she was a woman, who seemed particularly abrupt, and very unhelpful.

I then received a letter saying that because the council tax had over 50% of the debt owed they were appointing their own IP. I didn't understand what this meant for me case, and after a few nervous conversations with this woman at the RTLU found that she no longer had any control over anything, and could tell me nothing. All she could advise was that I went to the Citizen's Advice and get them to find out what was happening, which I duly did.

The result of which was that the council appointed IP had already stated a week before he wanted nothing to do with it, as the funds were clearly there to pay all debts in full. The lady at CAB however did complain to my OR's managers about her rude and unhelpful manner.

I received a phone call from the this lady at the RTLU that afternoon saying that she'd (supposedly) spent that afternoon talking the IP's out of taking over the case, because they had been upset by the CAB person. (why they would be I have no idea, she was polite, and OR didn't seem to realise I had been sitting in the room with her the whole time, and had heard all the conversations she'd had, including the one where she made a complaint against her!!) I believe that she'd had a severe dressing down from her superiors and had decided to talk herself up to me!

She then told me it would take a further 10 weeks to complete my case. About a week after this I received a form to see if I was able to get an early discharge, which I filled in and returned within the time frame.

I spoke to my OR 9 weeks into my "10 week" time period (last week), only to be told that because the credit card company had finally filed a proof of debt (on November 16th - the day after I received a threatening letter claiming I owed them money still), that he had to wait a further 4 weeks, to make sure nothing more came in.

I received a letter on 12th December telling me that I had been granted an early discharge on the 5th of December, which made my heart fill with joy, as I thought that this was finally the end of the road, and all money could now be paid out without problems, and I would receive the remainder back.

Having spoken with the OR today, and he claims that this isn't the case, he still has to wait 2 more weeks until the 6 month advertising period is up, to make sure that no more creditors come in, and then it'll take a further 2 months to pay them out, and make sure all fee's are paid before I will see any return at the beginning of March.

Unsurprisingly I am disappointed by this, as I cannot believe it takes 2 months to 2 companies £4000 between them from £13,000 which was taken from my account.

All in all to date this has been a very frustrating time for me, deadlines ever changing, and an OR who I believe likes to "bend the truth" with me.

I'm still unsure why it's taken so long, and why there have been so many hoops to jump through when all they had to do was pay company a and b from the £13,000 in my bank account. Hopefully I'll see a resolution in the near future.

empty_wallet_2

Cagey60 wrote: »

This is my story, a slightly unusual case that has had me stressed for 8 months now.

I'm still unsure why it's taken so long, and why there have been so many hoops to jump through when all they had to do was pay company a and b from the £13,000 in my bank account. Hopefully I'll see a resolution in the near future.

:mad: :mad: Oh my god you must be so mad, wouldn't you have thought it was a straight case of pay out the debts and give you the balance back.

blind-as-a-bat_2

Hi Cagey60It sounds as though your BR should/could have been annuled, a procedure i am not fully clear on but Have a look through this and see if anything fits that you could have done


http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/Canmybankruptcybecancelled.pdf

if it does i would be asking why the option/information wasnt given to you by the OR at the start

Richard_S

Cagey60 wrote: »

My husband, and his business were made bankrupt in January 2006 - without my knowledge at the time,You were remarkably fortunate not to have received any of the numerous telephone calls, seen the mountain of mail, or been around when the Statutory Demand or Bankruptcy Petition was served.:rolleyes: but eventually my husband and I discussed it, and we knew we'd get through it all.

We had a visit from a bailiff connected with the council tax in March 2007, who announced that although my husband had been made bankrupt, I was still liable to pay the overdue council tax,You were remarkably lucky there; bailiffs usually call to remove property, not for an informal chat about liability. but we thought very little of it at the time,You thought very little about a visit from a bailiff.:rolleyes: because I have no income of my own. But we also knew that I'd be granted probate shortly, which would supply us with money from both my Fathers life insurance, and the sale of his house. Average house worth £175k, and life insurance of say £30k.

In April 2007 I put a cheque in my account, and left to Cornwall to put my fathers house on the market. On my return at the end of that week, with a cleared cheque, I opened a letter to find that 2 days prior I had been taken to court and declared bankrupt.Phew, that's a fast track creditor's petition; it usually takes months not days.:rolleyes: I was devastated, I had over £13,000 in my bank account, that was no longer legally mine and debts that I was intending to pay the following Monday that totalled £4000. So you weren't insolvent, and shouldn't have been declared bankrupt.;)

I had my first meeting with the OR Croydon on May 2nd 2007, who was very sympathetic and understood that this was a case of horrendous timing, but because I was clearly solvent he felt that this was a case that could be completed within 4 months. Unless the OR from Croydon was an absolute cretin, I think he should have been advising you of the mechanism of an annulment, not speculating about an E.D.

I then received a letter saying that because the council tax had over 50% of the debt owed they were appointing their own IP.:rotfl: :rotfl: :rotfl: I didn't understand what this meant for me case, and after a few nervous conversations with this woman at the RTLU found that she no longer had any control over anything, and could tell me nothing. All she could advise was that I went to the Citizen's Advice and get them to find out what was happening, I have heard that the Insolvency Service use the CAB rather than their own legal department, when it comes to complicated cases.:rolleyes: :rolleyes: which I duly did.

The result of which was that the council appointed IP had already stated a week before he wanted nothing to do with it, as the funds were clearly there to pay all debts in full. The lady at CAB however did complain to my OR's managers about her rude and unhelpful manner. :T :T

I received a phone call from the this lady at the RTLU that afternoon saying that she'd (supposedly) spent that afternoon talking the IP's out of taking over the case, because they had been upset by the CAB person.That's standard procedure.:rolleyes: :rolleyes: (why they would be I have no idea, she was polite, and OR didn't seem to realise I had been sitting in the room with her the whole time, and had heard all the conversations she'd had, including the one where she made a complaint against her!!) I believe that she'd had a severe dressing down from her superiors and had decided to talk herself up to me!

She then told me it would take a further 10 weeks to complete my case. About a week after this I received a form to see if I was able to get an early discharge, which I filled in and returned within the time frame. As one does:rolleyes:

I spoke to my OR 9 weeks into my "10 week" time period (last week), only to be told that because the credit card company had finally filed a proof of debt (on November 16th - the day after I received a threatening letter claiming I owed them money still), that he had to wait a further 4 weeks, to make sure nothing more came in. That always delays things.:rolleyes:

I received a letter on 12th December telling me that I had been granted an early discharge on the 5th of December, which made my heart fill with joy, as I thought that this was finally the end of the road, and all money could now be paid out without problems, and I would receive the remainder back.

Having spoken with the OR today,On a Sunday:rolleyes: and he claims that this isn't the case, he still has to wait 2 more weeks until the 6 month advertising period is up, to make sure that no more creditors come in, and then it'll take a further 2 months to pay them out, and make sure all fee's are paid before I will see any return at the beginning of March.

Unsurprisingly I am disappointed by this, as I cannot believe it takes 2 months to 2 companies £4000 between them from £13,000 which was taken from my account.

All in all to date this has been a very frustrating time for me, deadlines ever changing, and an OR who I believe likes to "bend the truth" with me.

I'm still unsure why it's taken so long, and why there have been so many hoops to jump through when all they had to do was pay company a and b from the £13,000 in my bank account. Hopefully I'll see a resolution in the near future.

You truly have had a remarkable experience; possibly unique.;)

joathome

:rotfl: :rotfl: :rotfl: