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Legacy_user
Legacy_user Posts: 0 Newbie
edited 22 July 2019 at 7:57PM in Bankruptcy & living with it
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  • sourcrates
    sourcrates Posts: 28,888 Ambassador
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    Hi,

    What is the reason for the investigation, does the letter explain why this is happening ?
    I am no expert on bankrupcy, but we have a couple of regular posters who know there stuff, so hopefully they will pick up this thread soon.

    Try and relax, as long as you tell the truth then you will be fine.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Minkym00
    Minkym00 Posts: 770 Forumite
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    Sounds as if you are being investigated for an either an NRE or TWKI misconduct. These are allegations that you had no reasonable expectation of being able to repay debt that you have incurred (NRE) or that you traded with knowledge of Insolvency (TWKI). In order to make an allegation stick they have to prove that when you gave the PGs you knew, or reasonably should have known, that you were insolvent on an asset/liability basis and that position was not likely to change. If you incurred debt close to the bankruptcy order then it’s a an aggravating factor that would increase the tariff. If there are no aggravating factors then it’s a low-mid bracket bankruptcy offence and the BRO would be 2-5 years. If you offer an undertaking to abide by the restrictions then they will knock off a year.

    If a civil matter and, unless there is fraud involved, it’s not a criminal matter and prison is not possible. It’s done to protect the bankrupt, as well as the public.
  • MEM62
    MEM62 Posts: 4,754 Forumite
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    edited 22 July 2019 at 1:06PM
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    we went bankrupt after our business was sabotaged

    How so?
    The business would have survived we just had one lender who would not let us delay one loan payment but 14 days.

    Companies are not brought down by not being able to delay one loan payment by 14 days. There must have been other factors.
    I had notes on every loan I applied for and all conversations but a third party thought it amusing to destroy all my personal doucments and tax forms.

    As you were running a business, I would expect proper record keeping but how did a third party obtain access to your documents in order to destroy them?

    Much in this that makes no sense I suspect that there is much more to this than has been shared.
  • Kentish_Dave
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    Hard to believe the OP may not be the sort to cooperate with the receiver...
  • TripleH
    TripleH Posts: 3,018 Forumite
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    I cannot see which post was unhelpful?

    Mem62 was, in my view, asking for a little clarification on points, which i assume would help give a better answer.

    I assume it maybe that some look at things from a purely neutral stance and base their responses on cold hard facts to help provide helpful advice whilst others provide a softer more sympathetic approach?
    May you find your sister soon Helli.
    Sleep well.
  • fatbelly
    fatbelly Posts: 20,504 Forumite
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    BROs are still used very infrequently and, even where they are, are for only a few years. Conduct has to be pretty blatent to get a longer length.

    Have a look at some examples here

    Considering the bankruptcy will be on your credit file for 6 years anyway, a short-term BRO doesn't have much impact.
  • MEM62
    MEM62 Posts: 4,754 Forumite
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    edited 24 July 2019 at 10:02AM
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    TripleH wrote: »
    I cannot see which post was unhelpful?

    Me either.
    TripleH wrote: »
    Mem62 was, in my view, asking for a little clarification on points, which i assume would help give a better answer.

    Absolutely, we cannot provide meaningful advice or feedback with only half the story and some of the statements made by the OP do not make sense without further background. Of course, if the OP wants to delete their post rather than give the additional information so that people can help that is their prerogative.
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