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| T O P I C R E V I E W |
| Mspraise1 |
Posted - 31 March 2009 : 11:52:47
Hi everyone
I have finally got my Bankruptcy Order yesterday. But this is not the end as the OR has to examine you apparently. I take it this means an interview with the OR. Now I have read a few of the posts on here regarding the interview but nothing really specific.
Can someone please explain to me the purpose of this interview and why they need more paperwork. When producing the Statement of Affairs you lay out every debt and how you spend every penny. You also provide an explaination as to how you got into debt. What further information could the OR require. I hear you have to fill in more forms too.
Can anyone provide me with a list of questions they ask so that I can get the information ready. Further do they require bank statements? I have been unemployed since 15 December so there really is nothing to see. What other documentation might you need to produce for them.
What happens after the interview is through?
Thank you for your advice and assistance in advance. |
| 15 L A T E S T R E P L I E S (Newest First) |
| Mspraise1 |
Posted - 21 April 2009 : 20:55:12
Thanks John and Gettingoutofdebt for your comments.
I accept and can see what you are saying John about the Caseworker "being suspicious if standard questions regarding your other half are not being answered", I fully understand that. I think perhaps its the attitude and the manner in which she was questioning me, plus the fact that I had previously been told that they do not have the right to question you regarding your OH finances. I asked simple questions as to why financial information as far back as 9 and 10 years was needed, I was not furnished with an explaination. So hence my feelings about her conduct. I may feel the need to make a compliant later down the road. Depends on how things go. |
| John |
Posted - 21 April 2009 : 17:07:46
Hi
may I just say that the examiner is bound to be suspicious if standard questions regarding your other half are not being answered.You have no duty to give ANY information regarding OH but it is bound to create suspicion even though your motive may be nothing other than to keep them out of it all.
That said, in any circumstance you should still expect to be asked relevent questions and in an appropriate manner, it should not seem personal in any way.
If you feel the urge, ask to speak to the OR, or the Assistant OR, about this person's conduct.
The court will not be able to help.
John White
England Jackman & Spacey |
| gettingoutofdebt |
Posted - 21 April 2009 : 17:01:29
Don't let this OR get you down. If you need to speak to him again and he is the same call the court and see if you can have another OR take your case explaining the reasons why. |
| Mspraise1 |
Posted - 21 April 2009 : 16:43:27
Thanks Xmas Baby and Pauls.
My court was Hertford. The Court folks were ok. This one individual from the ORs office has a problem. I think they may have a bee in their bonequet. My debts are just consumer ones using one credit card to pay off the other and moving it around. We did not make any big purchases but we have been on this treadmill for some time.
I provided all the statements all the financial information and an explaination of how I got into this mess. But this person did not take the time to read the information I supplied. I was asked about information that I had already supplied for them to look at? The informtion was right in front of them stuff like that. I went over and beyond in showing how I had arrived at this mess.
This person was going beyond the call of duty it made me feel that they had taken a personal dislike to for me for some reason. Because what does your mortgage details 8 years ago have to do with the financial mess you find yourself in today. I feel this person was going out of their remit and abusing their power but I am not sure of the reason. May be because I did not want to give them all my partner's information. I suppose they might have felt I had something to hide. Nothing is further from truth about myself they are welcome to dig around as much and as long as they want because I have been truthful but to drag my partner and his information into it, seems unfair. I did not realise they could ask a lot of questions about who pays what and whose responsible for what because as a couple you share it out as far as it goes. You don't this is mine money and this his money, especially if you have a joint account.
I have lost faith in the system's impartiality, I have to say. Thanks for your comments. |
| paulsc |
Posted - 21 April 2009 : 14:59:15
been intersting to read keep us posted
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| xmas baby |
Posted - 21 April 2009 : 14:49:33
Sorry, I also forgot to mention that I too, had a joint account. Well, not a joint account in names, but my flat mate gets their wages paid into my account as this tends to make more sense as the rent and bills are paid 50/50. I mentioned this to the OR and thought she might say that they would have to open their own separate account from mine, but when I explained about the convenience side of it and the reasoning behind it, she said there would be no problem in keeping it the way it is. That was a relief. I was forseeing all kinds to problems otherwise.
Also when I sent the OR my credit card and bank statements, she didn't ask me to send any of my payslips, proof of bills for utilities, rent or car registration documents.
xmas baby |
| xmas baby |
Posted - 21 April 2009 : 14:44:06
Hi Mspraise1,
As previous members have said, every case is different I guess. My won personal experience is 2 telephone interviews (well more of a chat really) with my OR lasting no longer than 30 mins each time, in which she wanted to know how much I was in debt and for how long. She also wanted to know what I had spended the money on and in my case, ashamedly I had to confess to the majority of my debt being incurred through gambling. She wasn't condemning of it though, although I'm sure she wasn't exactly pleased either. It was just very matter of fact and I felt very at ease to be honest. A week or so later, I received some forms to complete and return to her together with 6 months of bank and credit card statements. I was also issued an IPO, to which I have agreed, although I am still waiting to hear from Moonbeever about the start date for these payments, which I believe can take some time. Again this depends of the case loads I assume.
I know what you mean about being unsure about the examination, as mine wasn't as I expected it to be. It didn't seem as thorough as I was expecting. My OR didn't go into minute details, although at the time of our interview she didn't yet have my bank statements to look at and scrutinise. As it is now nearly 2 months since my bankruptcy order was issued, I assume I have actually had the OR interview and I am now waiting to see if I get a BRU (of which I am certain of). All I can say, is, if that is all then I have personally had a pretty good experience with my OR. I know its still early days, but I'm still not quite convinced that is the end of the story and I can't quite rest easy yet. Maybe I'm just being pessimistic, but until I get my BRU and start making the IPO payments, I won't be able to relax.
xmas baby |
| gettingoutofdebt |
Posted - 21 April 2009 : 14:06:53
Sorry to hear it went so badly for you. I haven't heard of ORs wanting information from more than 5 years ago and I can't really see how this is relevant unless you received a large sum of money from a house sale, etc. and the OR wanted to see where this money had gone.
Which court were you dealing with? |
| Mspraise1 |
Posted - 21 April 2009 : 13:39:25
Well I had my interview for 60 minutes and I had the caseworker from Hell. This person wanted to know about a house I had nearly 8 years previous, what my husband's mortgage was before I married him, his solicitors details. He had to produce his bank statements because some of my money was paid into his account and so all his information was available for them to see and they are asking a lot of questions about his situation when he is not involved in this it should be all about me.
I had heard such good stories on here about how ORs are human and all that, well this one was not and this person made me feel that I taken the money from them, they were trying to get information that was not relevant to my case. When you asked questions they were aggressive and tried to make out I was not being unco-operative when I simply wanted to know how was the information they were seeking was relevant to my financial situation over the last 5 years. They were asking for information way past 5 years.
For me its not over yet they want more information and its almost like this person is on a mission to find something that is not there. Lord I cannot wait for this to be over, this has been the biggest nightmare of my entire life, not even the creditors treated me like this person did.
That questionnaire they want you to return about their service will not be a positive one from me!
Beware they are not all nice or human you have some really horrible, horrible, people working these cases! |
| Mspraise1 |
Posted - 01 April 2009 : 12:42:31
Thanks Debtrider I will just have to wait and see what they require. Thank you for responding. |
| debtrider |
Posted - 01 April 2009 : 12:07:04
Hi Mpraise1
The OR will not be interested in your husbands finances so will not require his statements. You are going bankrupt not him.
I provided the OR with my bank statements and some my my expenses were not shown on my statement like Gas, electricity, property tax.
My expenses were put down my my SOA and I have never been asked for any proof of the bills paid by the OR.
As I said OR's may have different ways of handling things, I would just wait and see what the OR asks for.
All you can do it provide your last 12 months statements, credit card statements and any loan agreements you have in place.
Prior to your interview the OR should give you a list of the documents you need to supply. If you do not have any of these documents then there are other ways that the OR can obtain them if required.
I would not worry about proof of bills because they may not ask for them.
Debtrider |
| Mspraise1 |
Posted - 31 March 2009 : 17:21:18
Thanks Debtrider for your response.
Well I am currently unemployed and have been from December 08. All expenses are paid by my husband. I can produce proof of all expenses paid direct to each supplier like Gas and poll tax and all that but these are paid direct from my husband account which my name is not on. Hardly seems fair to ask him to produce his bank statements when he is having to bear the burden of my being unemployed and paying all the bills and on top of that becoming bankrupt too boot. So just curious how that works. I have no assets and no income. What proof do I need to produce in these circumstances.
Any more advice grateful received, as you can tell very anxious about it all.
Ms
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| debtrider |
Posted - 31 March 2009 : 13:43:34
Hi Mspraise1
The OR needs to go through in more detail the reasons for your bankruptcy so he can report this to the creditors. I know he has your SOA but he will read through this and clarify what you have said and ask for more details.
I believe every interview is different and the questions asked will depend on your personel circumstances. When maize say's you need proof of expenditure I am not sure in what form she means. Is this just through your bank statements, because this is all the proof I needed in my interview.
Some interviews are done over the phone and some face to face. Mine was done face to face because I am self employed and I think it is a lot better done this way.
I know it is difficult not to worry about your interview but remember the OR is not there to make any judgement on you. The OR are just regular people who are doing their job, and need to know in more detail the reasons for your bankruptcy.
Good Luck
Debtrider
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| Mspraise1 |
Posted - 31 March 2009 : 12:39:12
Thank Skippy13. I will also read your blog. |
| Skippy |
Posted - 31 March 2009 : 12:36:35
Yes, you are bankrupt once the judge has signed the order so don't worry about that. The OR has to send a report to your creditors so this is another reason that they need to have an interview. It also gives you the chance to put in words the reasons that you are BR, which often comes across better than the written word.
If you have a look at my blog I've posted about my interview and what I had to produce. If you don't have all the statements don't worry as the OR can get them from the banks.
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
22 IPA payments made, 14 to go - on the home straight! |
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