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| T O P I C R E V I E W |
| andymac |
Posted - 16 August 2008 : 09:27:05
Hi All,
My automatic discharge is 21st September. I have just received a letter from the RTLU asking me to confirm the source of the funds I used to fund my BR petition; I have 21 days to respond.
During my OR interview, I admitted that I had used some of my bank money to pay for the petition, and this had taken me overdrawn. The lady in the interview did mention a BRU, but said she would speak tot he OR and explain that I had been honest and fully complied with them. I have since heard nothing else.
Why are they now asking at such a late stage a question which I have already answered? Given that I will reply at day 21, and this will give me only another 2 weeks until automatic discharge, what can they do?
Thank you. |
| 5 L A T E S T R E P L I E S (Newest First) |
| John |
Posted - 16 August 2008 : 11:30:27
Hi Andy
I would play safe and stick to your original story.
If the file has your original comments then changing your story now won't look good.
If it's not on file you may be asked why is the lender of this sum not listed on your SoA???
Just being honest at this stage may just tip the balance in your favour if a BRU is being considered.
If your found to be telling less than the truth at this stage any BRU is likely to be longer than one imposed for borrowing a few hundred pounds in desperation which had no prospect of being repaid.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
| andymac |
Posted - 16 August 2008 : 11:19:55
the letter also says that if I borrowed the money from a friend or relative, can I supply their name and address.
This makes me think that the notes in my file didnt record exactly where the money did come from, otherwise they wouldnt ask again? |
| John |
Posted - 16 August 2008 : 11:02:14
Hi
your guess is as good as mine.
You may be being considered for a BRU, or alternatively the RTLU may be looking at this being the only use of credit which is questionable in terms of repayment. Perhaps the bank having identified this to RTLU have requested this amount from your IPA payments and thereafter be repaid pro rata along with the other creditors.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
| andymac |
Posted - 16 August 2008 : 10:41:14
thank you for your detailed answer.
There was nothing else in my case that I was made aware of which would be regarded as misconduct, and from reading other stories on here and elsewhere, my behaviour was in line with everyone elses.
I was already overdrawn by a lot, and so the whole amount for the petition came out of overdraft.
I have been in an IPA for many months.
If they have the answer already, why do they ask again? |
| John |
Posted - 16 August 2008 : 10:18:05
Hi Andy
I'll admit the fact you have been asked the question at all would indicate that some form of decision will be made dependent on your answer.
You have already answered this question and I would suggest your answer is already noted in your file as it would be strange to even ask such a thing at this stage otherwise.
It goes without saying there's little choice but to stick to the original story.
With that said then it would be true to conclude that you increased your indebtedness through the overdraft with no means, or intent, to repay that sum. This unfortunately, as I'm sure you already know, is grounds to consider a BRU.
I don't know the full details of the rest of your borrowings captured by your BR, but if there are no other instances of "misconduct" a BRU may not be a certainty.
How much did the account become overdrawn by when you paid the fees?
Are you in an IPA?
Can you recall anything else which may potentially contribute to your being given a BRU?
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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