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T O P I C    R E V I E W
Lucy.h Posted - 02 November 2015 : 21:01:52
Hi,

I am looking for some help. In the year 2000 I was declared bankrupt and was asked to pay an amount from the official receiver. For reasons of affordability I ended up only paying 1 payment and have been bankrupt ever since. I have since left my husband and have met someone else and had a baby with them and wish to sort out my finances.

About 2 years ago I contacted the Official Receivers office and asked what I could do to lift the bankruptcy and was told by a lady that she didn’t think the debt would still be enforceable or that they would even try and enforce it and asked me to fill in an income questionnaire. My mother then became very ill with cancer and I didn’t fill in the form. After getting back on my feet I filled in the form and a new person at the Official Receivers had taken over. After chasing him a number of times he has just come back to say that the Deputy Official Receiver has said the current suspension of discharge order remains in place and if I wish, I can lodge my own application at court to request that the order be lifted.

I am annoyed after being misled by the official receivers office but also am confused as to what to do next. I do not have the funds to pay off the bankruptcy or would have done so long ago. Please could you advise me as to what my best options are?

Kind regards

Lucy

11   L A T E S T    R E P L I E S    (Newest First)
Niobe Posted - 04 November 2015 : 08:26:16
You could either visit your local CAB or do a free consultation with the solicitor for some advice.

The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant


Viki.W Posted - 04 November 2015 : 08:12:50
Sorry, I don't know how to help. If the OR has advised court then I guess that's your only option.

Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
Lucy.h Posted - 03 November 2015 : 19:37:10
Unfortunately I did not. I now need to know how to move forward.

Niobe Posted - 03 November 2015 : 19:35:15
If you had problems with making the payments then you should have been able to stop the IPA - did you let the OR know that your circumstances had changed?

The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant


Lucy.h Posted - 03 November 2015 : 19:09:29
Sorry just realised what you meant yes I had an IPA and managed to make oy 1 payment

Lucy.h Posted - 03 November 2015 : 19:07:59
Hi,
I originally had an order saying I had to pay X to clear the bankruptcy in 2000. I only managed to pay 1 payment and didn't make anymore.
I was therefore not discharged.
This year when I got in contact they asked me to fill in an income payments questionnaire. I filled it in and they said there is no chance of them getting any more money for the creditors so they will not lift the suspension. They said if I want it lifted I must apply to the court.

Niobe Posted - 03 November 2015 : 18:17:35
I have no idea as to why they are doing this if you had no payment agreement.

What was your one payment for?

The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant


Lucy.h Posted - 03 November 2015 : 16:43:57
Hi,

No IPA and I was made bankrupt in the year 2000 (no automatic rights) and have an indefinite (I presume) suspension of dismissal.

I assume they want me to comply with this order from 15 years ago but it is money I don't have.



Lucy.h Posted - 03 November 2015 : 16:35:25
Hi,
Thanks for the replies. I called the Official Receivers office today and they told me as it was 15 years ago the income payments order is not enforceable. A few months ago they asked me to fill in another Income Payments questionnaire and have said as they can foresee not getting any more money out of me I will still not have paid my creditors and therefore will not apply to get the suspension lifted.

I told him this was very unfair as it was 15 years ago and I am trying to move on with my life but he would not listen. He told me to go to the court and apply to get it lifted myself.

I am frightened if I do this and pay the £155 the judge will agree with the Official Receivers office and I will be back to square one having spent £155 I don't have.

Any advice is appreciated.
Kind regards

Lucy

Niobe Posted - 03 November 2015 : 12:59:35
Hi and welcome,

Did you have an IPA? If you couldn't afford it at the time then I would have thought that it would have ceased.

How long is the restriction for?

The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant


Viki.W Posted - 03 November 2015 : 06:28:53
Hi Lucy,

What does the OR want from you to comply with the bankruptcy and eventually be discharged?

Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp

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