How to claim from bankrupt trader? 8 December 2022 at 7:56PM in Consumer rights 7 replies 292 views

derekjackson

Hi, we employed a carpenter in the summer to do some work for us. He asked for a sizeable initial deposit to start the works (we paid via bank transfer), got as far as doing some drawings for us, then a few weeks later sent an email saying he had filed for bankruptcy. We then hadn't really heard anything until today, when he sent us an email with 'Bankruptcy Order' attached. 

It appears to be a document issued by The Insolvency Service, dated to two days ago. It doesn't really say much other that state he's officially bankrupt, and give a case number. I assume he sent it to me to allow me to apply for my money back - but I've no idea how. There's no guidance on it or anything, and even the Insolvency Service's website isn't much help.

Does anyone have any ideas? I wonder if his details might appear on their searchable database after a few more days, which might then allow me some options - but for now he doesn't appear at all.

(And yes, I've learnt the hard way that I should have tried to pay the deposit by credit card!)

Aylesbury_Duck

Eventually you'll be able to apply to whoever administers his finances.  You'll join the list of others owed money and will get your proportional share of anything, which I suspect will be little or nothing.

molerat

https://www.gov.uk/government/publications/claim-money-back-from-a-bankrupt-person-or-company-in-compulsory-liquidation-guidance-for-creditors

Most likely there are no assets to claim on, building trades are well known for not actually owning anything themselves.

DullGreyGuy

Presumably you contracted with him personally rather than with a limited company or such?

As an unsecured creditor you will be below mortgage provider, HMRC etc in the list picking over the bones and so manage your own expectations about what percentage of your deposit you are likely to get back.

RobM99

If he's bankrupt, there won't be any assets to strip.

Keep_pedalling

DullGreyGuy said:

Presumably you contracted with him personally rather than with a limited company or such?

As an unsecured creditor you will be below mortgage provider, HMRC etc in the list picking over the bones and so manage your own expectations about what percentage of your deposit you are likely to get back.

Not quite, HMRC do not get priority over other unsecured creditors 

DullGreyGuy

Keep_pedalling said:

DullGreyGuy said:

Presumably you contracted with him personally rather than with a limited company or such?

As an unsecured creditor you will be below mortgage provider, HMRC etc in the list picking over the bones and so manage your own expectations about what percentage of your deposit you are likely to get back.

Not quite, HMRC do not get priority over other unsecured creditors 

https://www.gov.uk/government/publications/hmrc-as-a-preferential-creditor/hmrc-as-a-preferential-creditor

Was the 2020 changes only relevant for business insolvencies? Thought it also applied to bankruptees 

Keep_pedalling

DullGreyGuy said:

Keep_pedalling said:

DullGreyGuy said:

Presumably you contracted with him personally rather than with a limited company or such?

As an unsecured creditor you will be below mortgage provider, HMRC etc in the list picking over the bones and so manage your own expectations about what percentage of your deposit you are likely to get back.

Not quite, HMRC do not get priority over other unsecured creditors 

https://www.gov.uk/government/publications/hmrc-as-a-preferential-creditor/hmrc-as-a-preferential-creditor

Was the 2020 changes only relevant for business insolvencies? Thought it also applied to bankruptees 

Thanks for that link I was not aware of those changes. Reading it it seems it seems that VAT paid by a customer to a company of deductions for NICs and IT payed to employees falls under that legislation but if the business is a one man band and owes HMRC IT that isn’t and neither is corporation tax owed by a Ltd company.