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Jak
Junior Member
172 Posts |
 Posted - 11 July 2008 : 14:39:17
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I was made bankrupt in May 2008 and when I had my interview with the OR I stated that I paid my mum £3000 which I owed her for rent etc during April – Aug 2007, they are now requesting that my mum pay the money back which she can’t afford.
They are requesting that my mum put in writing her income and out goings but since Aug 2007 she has lent me more money which she has evidence of, should she include this or will they start questioning why she could afford to lend me more money even though she struggled in order for me to meet my repayments?
I would be grateful for some advice as I don’t know what to do and is causing my mum great distress.
Many thanks
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Suzanne
Average Member
United Kingdom
869 Posts |
Posted - 11 July 2008 : 15:03:31
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Hi Jak
Where did you get the £3,000 from and what proportion is it of your overall debt?
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 11 July 2008 : 15:08:34
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Hi Jak and welcome to the forum.
£500 a month rent seems reasonable to me. I would suggest you wouldn't be having this conversation with the OR if your "landlord" was not a family member. It seems to me that the OR is looking at this from the perspective of preferrential payments, rather than a straightforward rental. I would submit a written agreement between you and your mum for £500 a month and leave it at that. I certainly would stand your ground on this one, as to find a rental elsewhere would likely be far more expensive.
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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Jak
Junior Member
172 Posts |
Posted - 11 July 2008 : 15:39:37
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Thank you for the quick reply’s I have included some further information.
I owed £33,000 in total.
I had a loan with Northern Rock and called them in April 2007 saying that I was having difficulty in making payments which they offered to increase my loan and gave me £6,000 on top of the money I had already borrowed from them. I did not state on the Petition that I had paid my mum £3,000 but when I had my interview I informed them then.
They wrote to my mum and she had to send a letter back stating the amount repaid and what it was for, I have included her replies below
1. Total of £3,000
2. I lent ad hoc amounts of money over several years, e.g. sometimes I lent Jacqueline £20 and sometimes it could have been £100.
3. I did keep a record whilst the money was outstanding, however, once it was repaid I shredded the notebook I had been using.
4. Always in cash.
5. No evidence. The amounts could be different each time. There was never one loan of a significant large amount, sometimes it could be £20 and sometimes maybe £100.
6. When she got back on her feet. I would rather lend Jacqueline money when I could afford to rather than see her go overdrawn and get charged.
7. From April until August 2007, the total of £3,000 was repaid to me. I knew Jacqueline had taken out a loan and was going to repay me, however, I didn’t want it all back in one lump. As and when I needed it (to pay a bill or holiday spending money), she would pay me a few hundred pounds in cash.
8. cash
9. none
As rent was not mentioned in my mum reply could she still state that some of the money paid back was to cover outstanding rent?
Where do i go from here?
Many thanks |
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Suzanne
Average Member
United Kingdom
869 Posts |
Posted - 11 July 2008 : 15:46:19
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Hi Jac
They clearly have decided from the information your mum has provided that this is a preference payment. It is only £3,000 so they may not pursue this to their fullest extent, which would be to go after your mum's assets. Does she own a property?
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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Jak
Junior Member
172 Posts |
Posted - 11 July 2008 : 15:54:56
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Yes, it is in both of my parents names.
She took out a loan for £3000 for something else the day before she received the letter from them chasing the money. Is there anyway she could get out of paying them back or reduce the amount that they are asking for?
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Suzanne
Average Member
United Kingdom
869 Posts |
Posted - 11 July 2008 : 17:08:36
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She could try making an offer of as much as she can afford and see if they will take that as settlement.
Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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melanie_giles
Senior Member
1191 Posts |
Posted - 11 July 2008 : 21:48:50
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The reply which your mother has sent it would suggest that the money you repaid her was against an ongoing loan account you had rather than unpaid rent. Therefor the OR does appear to have valid grounds to pursue and recover the monies, but as Suzanne says this is a relatively small amount.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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Chasing my Mum for money repaid
