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 bankruptcy news
 Adding list of creditors within 3 months of BR
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Starting Member

United Kingdom
2 Posts

Posted - 10 February 2010 :  13:57:45  Show Profile  Reply with Quote
I have been told that if another debt comes to light that wasn't originally included in the list of Creditors, I have 3 months from the date of BR in which to add them.
Is this true?
The reason I ask is that I own a property and it's let out to a DSS tenant and the local council have recently suspended payments because I have told them that I wanted future payments to go to my co-owner's bank account instead. The co-owner is the tenants Mother. It appears that the council weren't aware that one of the Landlord's was her Mother (I am not related to her) and the tenant has been asked to attend an interview later this month to answer questions about frauduently claiming this benefit.
I wasn't aware she wouldn't be eligiable for rent benefit if rented from a member of her family.
Is this the case?
If they decide to claim back any benefit paid to her via myself in the form of rent,are they likely to claim it back from me and if so, can this debt be added if I declare myself BR before the decision by the council has been made using this 3 month rule? I don't particularly want to keep waiting for a decision from them as I just want to get on with the BR.
Answers to these questions would be gratefully received.

forum expert

United Kingdom
565 Posts

Posted - 10 February 2010 :  14:44:45  Show Profile  Visit Blackie's Homepage  Reply with Quote
Hiya Maddock

No it is not true that you have 3 months after your bankruptcy to add any creditors that may have been omitted from your Statement of Affairs. All debts that have been incurred prior to you becoming bankrupt will be written off whether or not they have been included on your Statement of Affairs. However, as you are aware of the situation regarding your co owner, you should inform the Official Receiver about this potential debt.

It does sound as if your co owner and the tenant may be attempting a fraud scam. However, as I am not an expert in these matters, there is a contributor to this forum who will be able to help you with the housing situation

All the best

John Blackadder
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Starting Member

United Kingdom
2 Posts

Posted - 10 February 2010 :  15:14:18  Show Profile  Reply with Quote
Hi Blackie,

I know the co-owner wasn't trying anything on dishonest as she actually phoned the benefits office to mention about her daughter and they said that it was ok, so long as she didn't live with her, which she doesn't.
I'll wait to hear from the housing expert on here.
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Average Member

511 Posts

Posted - 11 February 2010 :  16:51:25  Show Profile  Reply with Quote
I tried to claim Housing Benefit once (was not eligible) BUT I do remember on the claim form a section asking if the landlord was related to you so I presume the tenant signed this form so it could well be a fraudulent case.
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Senior Member

1159 Posts

Posted - 11 February 2010 :  18:06:31  Show Profile  Reply with Quote
It will be the tenant who has to repay any fraudulent payment surely?
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