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billm
Starting Member
4 Posts |
 Posted - 24 November 2008 : 16:02:01
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Hello,
Before I go into detail I have already been made bankrupt in September and need advice regarding the official receiver calling me back for a second interview...if you don''t deal with this kind of thing I apologise. |
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John
New Member
United Kingdom
73 Posts |
Posted - 24 November 2008 : 16:19:42
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Hi
no need for an apology.
What exactly was the advice you seek in respect of the OR's 2nd interview?
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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billm
Starting Member
4 Posts |
Posted - 24 November 2008 : 16:58:04
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Thanks John,
I had built up a lot of debt due to foolish online gambling.
The CAB advised me to go bankrupt as I would not have enough income to make offers of payment to creditor's.
I was very concerned about this feeling I was somehow cheating the people I owed but could not see any other way out.
I was declared bankrupt on the 05-09-08 and had the interview with the official receivers on the 15-09-08.
Everything they asked to bring I did, including the last 2 years bank statements, plus passwords to the site I used when gambling.
Today I received a letter to attend a further interview to
"Obtain further information about your gambling activity"
After phoning them back asking what information they require I was told they need financial records and the like.
Having given them ALL my bank records I don't know what else I can give them and am very worried, to say the least.
Sorry for the long reply!
Bill.
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John
New Member
United Kingdom
73 Posts |
Posted - 24 November 2008 : 17:10:37
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Hi Bill
don't be worried.
What you haven't got you cant't give them. You may have to agree to contact the sites for info the OR may require, alternatively you may be asked to authorise the OR's office to make the enquiries, whatever they may be.
The likelihood is they will also want, at your 2nd interview, to discuss with you the propect of a BRU in view of your debt being gambling related.
A BRU is a Bankruptcy Restriction Undertaking and will be applied in most cases where gambling is the cause of debt. You will be restricted from certain professions and from further borrowing, as you are now, beyond the date of your discharge. The term will depend on the extent of your debt and the degree of that which is gambling related and would be for anything from 2 to 15 years.
If you do not intend to be an MP, Judge, Barrister, Solicitor, Estate Agent or Church Warden and you don't want any more credit then a BRU is little to concern yourself with.
A slap on the wrist if you will which the OR is obliged to do if gambling or low level fraud is evident.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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billm
Starting Member
4 Posts |
Posted - 24 November 2008 : 18:55:34
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Thanks again John,
You have answered the question i was going to ask, what will happen to me if they decide i am in the wrong, for whatever reason.
I have heard about the BRU and it sounds frightening!
Do i need a solicitor? Are criminal charges a possibility?
One major worry is my car, i have an 06 punto and before this letter arrived an agreement was reached on a third party offer for the car (my sister)i live on Disability allowance and really need it but if the order goes to 15 years does that mean i will never be able to use it in my name again?
Bill.
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John
New Member
United Kingdom
73 Posts |
Posted - 24 November 2008 : 20:04:36
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Hi
as per my previous post, and I know it sounds easy coming from me as I am not currently in your position although I have been there, but a BRU in itself is of little effect to most of us.
No I don't believe you need a solicitor and that comes from one who, on a professional footing, offers a hand holding service. Truth is you are bankrupt already, you don't need the service but you do need support and this forum will give you that much free of charge.
Regarding the car, there is nothing wrong with it being transferred to a 3rd party, in fact your examiner is probably more than pleased that you have been able to make this arrangement.
A BRU does not affect your discharge which should still be at the 12 month point at which time you can transfer the car back to your name if you wish.
As I have said, the BRU only affects certain professions, being a limited company director and future borrowings - That's it, so the car is not an issue and nothing has changed since the original agreement for it to be transferred.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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billm
Starting Member
4 Posts |
Posted - 24 November 2008 : 22:06:43
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Dear John,
Without wishing to sound silly i really, really appreciate you taking the time to reply to my posts.
You have given me a far better insight into the workings of the whole process than anyone, including the CAB and i thank you for easing my worries greatly.
Very best regards,
Bill.
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John
New Member
United Kingdom
73 Posts |
Posted - 24 November 2008 : 22:59:43
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Hi Bill
I'm pleased to see that things are becoming clearer to you now and that your worries have been eased somewhat. Please continue to use the forum for all the support that you need.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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Topic |
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advice regarding the official receiver
