Nasty creditor resurfaces-help!

london1973 · 11 October 2018 at 5:40PM

Hi everyone-would really appreciate some advice

BR Oct 2016 and discharged a year later

A creditor in my BR, a private individual, has resurfaced demanding i repay him-despite my relentless and extremely apologetic explanations he refuses to accept the status quo. He is from eastern europe originally and i genuinly think he doesn’t understand the concept of BR, or just refuses to-he is even threatening to try and sue my ex-employers for the money-that is how misguided he is.

My concern is that the dialogue becomes threatening, so far it hasn’t but certainly has the potential to go that way-i have small children so this is not desirable at all- the texts are currently blunt to say the least-‘times up, now you pay’ type of thing

I am thinking of saying to him that i couln’t repay him even if i wanted to as he would be deemed a preferential creditor and he could get into hot water too-maybe the thought of himself landing in trouble might detract him

Otherwise i’m rather at a loss-any advice?

Thanks

london1973 · 11 October 2018 at 6:03PM

Also foxtrot this isn’t a judgement forum, the circumstances around my bankruptcy were unfortunate and complicated and i remain to this day utterly remorseful towards the people i let down, but i am trying to deal with the here and now...not have it all rubbed in again

molerat · 11 October 2018 at 7:39PM

As with any creditor who is not happy with the arrangement, tell him to contact the receiver who will put him straight. If he becomes in any way threatening call the police.

Enterprise_1701C · 12 October 2018 at 7:52AM

No idea what advice to give, except to ensure you keep all the texts, possibly even screenshot them and forward them to your email so you have them on record, ensuring each screenshot contains the number/who it is from.

Again, I have no experience in this, just stumbled on this, but I would not say anything about him becoming a preferential creditor if he does not understand about bankruptcy, to be honest it sounds like he considers himself more important anyway. Just keep telling him to contact the receiver, give him the details needed including any references required and the phone number. Make it as easy as possible for him.

Again, not experienced in this, but is there any way you can get the receiver to contact him, turn it around?

Good luck.

fermi · 12 October 2018 at 7:58AM

london1973 wrote: »

Also foxtrot this isn’t a judgement forum, the circumstances around my bankruptcy were unfortunate and complicated and i remain to this day utterly remorseful towards the people i let down, but i am trying to deal with the here and now...not have it all rubbed in again

Also contact your former OR, and request that they get in contact with the creditor to 'inform' them to back off.

TimeToRebuild · 12 October 2018 at 3:41PM

This is the darker side of bankruptcy, The law states you do not need to pay him back, however as you are discharged you can technically pay him back and it would not get you or him in trouble.

however if you don't want to, tell him there is no requirement for me to pay you back, any further communication will be deemed as harassment and directed to the police, you would not accept this from a debt collector, so why from him..

You need to stand strong and tell him how it is.

Nasty creditor resurfaces-help!

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