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Paul.py
Starting Member
1 Posts |
 Posted - 04 January 2011 : 15:09:47
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| I was made bankrupt again 6 weeks after I'd been discharged. By a Creditor whose debt I incurred prior to my Initial Brupcy. Can I sue the official receiver for mental stress etc. I have all comunications with them on file. They were aware of the pending situation. But it got lost in A bureaucratic cock up of their own making. |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 04 January 2011 : 15:17:20
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I don't know about suing them but if the debt was from a time before you were initially declared BR it should have been written off. Unless that is, it was secured and you tried to keep up the repayments?
You can make a complaint against the OR using the information at http://www.insolvency.gov.uk/howtocomplain/complaininssip.htm |
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debtinfo
forum expert
2826 Posts |
Posted - 04 January 2011 : 17:49:33
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What makes you think it is the OR's fault, did you give them the full address and ref number of the creditor, if you did, then did the OR send the report to creditors within the 12 weeks allowed, if they did then they have done their duty.
Did you receive notive of the petition did you defend yourself at the court, why did the court make the order, these are the things you need to consider
remember the court makes the order not the OR |
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Bigal4787
forum expert
United Kingdom
641 Posts |
Posted - 05 January 2011 : 13:27:29
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If you incurred the debt prior to the first bankruptcy, it should have been included in your SOA if you declared yourself bankrupt, or the PIQ(preliminary information questionnaire) if someone else made you bankrupt.
If it was incurred prior to bankruptcy, and wasn't included, what was the reason, I can't see why the OR wouldn't issue an RTC(report to creditors) to them. I presume then that they must have been taking enforcement action whilst you were bankrupt.
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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I was made bankrupt again 6 weeks after discharge
