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Bankruptcy and a small claims court
Sheila19
Posts: 3 Newbie
I am in the process to take a person to a small claims court after he refused to refund me £3k for a holiday I could not go on due to lockdown. I have just been informed that he has gone bankrupt and have received a letter from the insolvency service and have been listed as a creditor. My question is, I am due to pay £355 to the court to have my case heard, it is worth continuing seen as the person is bankrupt?
Do I wait and see if I get any money from the insolvency service first?
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Comments
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No, your debt vests in his bankruptcy if it pre-dates the order so your claim is no longer valid.Does you letter from the Insolvency Service say that he was made bankrupt at a County Court / the High Court or in the office of the adjudicator? If it’s the latter you are HIGHLY unlikely to get anything back. If it’s the former there’s a small chance, but still unlikely.0
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Don`t pay any more money out, the case is lost now he is bankrupt, you just become another one of his creditors unfortunatly.You are likely to be on a long list of creditors, so i would not expect to see my money again, sorry.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-letter0
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Did you not have holiday insurance on s 3K holiday?0
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It was a UK weekend break booked for 26 people and we didn’t have whole group insurance. Lesson learnt the hard way0
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Might have been tricky to win your case anyway depending on what the agreement was.0
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Was it £3k for every single person in the booking? Has he gone bankrupt just to spite you all?0
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