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pre bankruptcy preferential payment

Hi All,

First thanks for all the support and help from you all.   I have a quick question about pre Bankruptcy payments.

When I lost my job i had no savings & last paycheque was non existent - my patents loaned me money for food, etc and i also borrowed some money from a few friends - I needed a suit for interviews etc.  In both cases I agreed to pay them back in full once I was earning again, which I did.   At that point I hoped to not be in my current situation.  

anyway technically are these are seen as 'preferential payments'?  I had no choice at that point, I needed to eat and try to get myself back into employment.   
I was also in child maintenance arrears.  I was struggling with my mental health and desperately needed to appease my ex to ensure there were no visitation issues.   Again will the OR be understating with this?

Comments

  • sourcrates
    sourcrates Posts: 30,199 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 20 September 2020 at 3:24PM
    Preferential payments are something that are made to creditors, borrowing a few quid off your mate hardly falls into that catagory now does it.
    Please don`t overthink things, apply common sence to everything, because thats what the OR will do, they will not be interested in anything such as you describe, they know you have no money yet you need to eat, or buy clothes, whatever it may be, thats essential, not preferential, big difference.
    Don`t muddy the waters by mentioning borrowing money from a mate to buy a suit, or to eat, or whatever, its not relevant to the OR`s job, as it was a necessity on your part.
    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
  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    Hi, have you contacted one of the debt help agencies at all? They are really helpful and can give you all the information you need, what to include in your application and everything else. I used StepChange, click this link https://www.stepchange.org/
    or there's a free phone number 0800 138 1111.

    I reached the point where I didn't know what to do or which way to turn and they arranged a Debt Relief Order for me and explained everything very carefully. I can't tell you how good it was to just get everything off my chest and be told that there was a solution and they were going to help. They will even submit your application for you.

    But it sounds as if you need some good solid advice about everything that will happen and I can't recommend StepChange highly enough. Just try them, you have nothing to lose. Good luck!
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
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