Quick question about old debts - prior to BR

Bakeybadoo

I'm so scarce around here so I'm sorry to drop in and ask a question and fly back off but life is manic!

Anyway, quick question, is any debt incurred before BR, written off by BR? Even if not included in the written list of debts? I do recall someone saying that was the case but wanted to be sure.

OH had a house repossessed many years before we got together but hadn't heard a thing for years so never thought to include it. Didn't even cross his mind.

Now they've found where we live and are hassling us for £18,000. More than he originally went BR for.

fermi

Hi Bakey. Hope things are going OK.

Yep. The debts are covered by the BR whether they were on the petition or not.
BR draws a very final line in the sand with regard to former debts, and so to protect you and everyone else absolutely all eligible debts are included by default. Its quite common for forgotten debts to pop up later and the law is there to protect you when they do.

Your OH needs to contact his OR and let them know ASAP. The OR may grumble a bit, but if the debt was honestly forgotten or overlooked it wont be a problem.

tigerfeet2006

You can tell 'em to foxtrot oscar

tigerfeet2006

Also if it wasn't part of your BR, which it is, it is probably statute barred anyway if there has been no contact for 6 years

EDIT: Strike that I think with property it's 12 years. Must engage my brain tonight rofl

fermi

tigerfeet2006 wrote: »

Also if it wasn't part of your BR, which it is, it is probably statute barred anyway if there has been no contact for 6 years

EDIT: Strike that I think with property it's 12 years. Must engage my brain tonight rofl

It is 12 years in England.

In Scotland it is different again:

When the money owed is a mixture of the 'capital' part of the mortgage and the 'interest' part, the time limits for each are different. There is a 20 year limit to recover the capital part and a five year limit to recover the interest part.

20 years!:eek::eek:

But as said, Bakey's OH is safe because of the BR whatever happens.

lesley1960

I posted a while back about my daughters ex bf who didnt declare an unpaid electricity bill in his BR paperwork , he was told he had to pay it

fermi

lesley1960 wrote: »

I posted a while back about my daughters ex bf who didnt declare an unpaid electricity bill in his BR paperwork , he was told he had to pay it

If that debt was accrued for services provided before and up to the date of the bankruptcy order, then again they are included by default.

It seems that is the case from the original thread here: http://forums.moneysavingexpert.com/showthread.html?t=459742

I notice the debt was being chased by Buchanan Clark & Wells, who appear to have no reservations about misleading you about your legal liabilities regarding debts if the very numerous threads on debt related forums are anything to go by.:rolleyes:

tigerfeet2006

Hi lesley,

All debts with the exception of student loans and court fines, up to the date of bankruptcy are included, it's irrelevant whether or not they were declared at the time. If he asks the O.R for details of what debts were included they should be able to supply them. Any letters or demands for payment that won't accept your son in law's assurances then just forward them to the O.R.

Richard

This was Richcard's reply to Lesley at the time and he is spot on. If the DCA have tried it on and it was paid then they were lucky. I have a feeling that it was against the law as well for the DCA to pursue the debt as it was included in the BR.