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Originally posted by Richard P

we must be looking at different areas of register so cannot answer your question further

the area i am familiar with is just the register against inidivuals names BRO / BRU not causation listed.

another part of the web site list the causation of BRO / BRU but this is not linked to named individual.

Richard

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Originally posted by Richard P

learning point thank you

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Originally posted by RHB

No mention of drugs though on the random ones I've looked at.

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Originally posted by debtinfo

There are no hard and fast rules as to what to put in, it would depend on the facts of the case but it is possible that drugs could be mentioned if that was the overwhelming cause

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Originally posted by Bigal4787

Hi,
I've read your initial post with interest, along with the replies. First, it's commendable that you decided to confront your addiction and do something positive about it through conselling and having a supportive partner, I'm presuming that with the sort of career you had that it was cocaine or a derivative that you became addicted to( stat - a majority of the banknotes in circulation in London are contaminated with cocaine).

I'd say it was the right thing to do, as if you hadn't and couldn't get credit, would you have turned to crime to feed it? You mentioned gambling, and that 20% was traceable online. Does this refer to you gambling, or something else? If some of your £45k was down to gambling, how much was, and if only 20% was traceable online, where was the rest gambled?

You have 6 months to go before discharge, and so far haven't heard anything from the OR about whether they are investigating further, in consideration of a BRO/BRU although the NHS, doctors and counselling services have been contacted by the OR, which indicates that the OR is investigating further.

As regards whether you will get a BRO/BRU, this all depends on the circumstances. On the face of it, you obtained credit with no realistic expectation of maitaining payments to feed your drugs habit, generally at the level you did, then this would incur a BRO/BRU. But what is put on the register, generally describes the way credit was obtained, but may not give details of how it was used. Gambling generally won't be as it isn't illegal, whereas using credit to fund a drugs habit which is illegal could be shown. However, if the restriction is a BRU(an undertaking) then you would be sent a draft of the restriction, and if there was something in it that you objected to,then you could ask the OR to remove or amend it to a more suitable text.

However, the key to whether you would receive a BRO/BRU probably lays in the information the NHS, doctors and counsellors have provided, in that as you were an addict of MIND ALTERING SUBSTANCES, you may not have been aware of your actions. Before the OR can obtain a BRO/BRU it must first be in the public interest(PI), and secondly the AT(authorisations team)in London must authorise it. If there is a doubt raised due to the possibility of a person being "not of sound mind" then a BRO/BRU could be in doubt, it will all be down to how the OR presents the case.

Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.

If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"

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Originally posted by Bigal4787

Hi Gary,

in answer to your questions:

1.For the OR to take the investigation forward(and this applies to any investigation), they have to ascertain that you would be fit to be interviewed further if necessary, but also to coroborrate in this case the fact of a drug addiction. As the drug addiction is the main cause they have already contacted the agencies that would confirm this.

The other parties they would require information from,would be your creditors, banks and any other financial institutions to build up a picture of your financial activity during the period in question.

2. Unless your not co-operating on any matter there will be no need to suspend your discharge.

3.It's difficult to say if there would be any fraud charges, but unless you were running bogus finance schemes to obtain money from unsuspecting clients, then the only thing really is that of No realistic expectation of being able to pay creditors.

However, the only thing I would say, is that when in your case the majority of transactions were cash withdrawals, this then makes it extremely difficult to track or trace transactions, as the saying goes"follow the money", but in this case where? This is where coroborration of your narrative is needed, which I realise may be difficult especially with dealers and the like, otherwise to be honest(and don't take umbrage at this) the suspicion may be that there is money sitting in a third party account somewhere.

4.The AT team is the authorisations team in London, who review BRO/BRU applications, to decide whether it can proceed.

5. As I mentioned in my previous post, it is how the drug addiction affected your judgement and whether the AT team would consider this a factor whether or not to proceed, but remember drug addicts commit crime to feed their habits, and if apprehended do get charged and go to court, although part of the sentencing is to undergo drugs rehabilitation, so even though mind altering, the courts have still decided that it is possible to form the intention to do something to obtain drugs, so the same could be said in this case, although not criminal, your addiction would be a mitigating factor.

Overall though, I believe the best option you have,is to contact the examiner who is dealing with your case, and establish what if anything they intend to do, and at the same time ask if there is anything else that they need from you.

Also remember, if they are going down the route of a BRO, then if you agree to an undertaking, you get to preview the draft, after which you have 21 days to object about the content.

Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.

If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"

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