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jayrob
Junior Member
United Kingdom
194 Posts |
 Posted - 16 August 2008 : 10:18:15
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Hi guys, rob has received a letter today from the or asking him for a formal statory interview in light of ongoing investigations. Can anyone tell us what to expect and why this is happening? He went br on april 22nd 2008 and it seems a long time for them to wait. They had no interest in the car or our life insurance policies so don't really know what its about.
Would I be allowed to attend with my husband do you think?
Also whats the worse that can happen here?
If they were to make him br for longer how does this affect inheritance etc not that we want any but you never know what the future holds.
many thanks
jayne |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 August 2008 : 10:32:07
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Hi Jane
if the case is straight forward this would not come up so I'm assuming it isn't. It's not unusual for such things to take 4 or 5 months from BR, as we know the OR's are busy and they have 12 months to conclude their investigations.
It could be something and nothing but impossible to predict without having all the facts to hand that the examiner has. Yes you can attend with your husband but you may not be permitted to make comment at the interview.
I shouldn't worry about inheritance etc, if your husband gets a BRU this does not mean his discharge would be delayed.
Once discharged inheritance is not affected by BR.
A BRU would mean he still can't be an MP, director of a limited company, magistrate etc etc for the duration of the BRU.
In my opinion, with the exception of the restrictions on certain professions, the effects of a BRU/BRO are minimal.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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jayrob
Junior Member
United Kingdom
194 Posts |
Posted - 16 August 2008 : 10:43:04
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many thanks your reply is great is there anyway i can contact you and have a phone conversation at some point please
thanks
jayne |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 August 2008 : 11:09:22
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Hi Jayne
of course that's fine.
If you call the freephone number and leave a message for me (John) together with your name and a contact number I will get back to you.
If you call and leave a message over the weekend I'll receive your message when I return to the office on Monday.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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rollercoaster
Junior Member
United Kingdom
327 Posts |
Posted - 16 August 2008 : 12:52:51
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| sorry to jump in, what is a statutory interview, is it another one where they are possibly investigating a BRU. |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 August 2008 : 13:42:31
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Hi
basically yes.
It's the duty of the OR to investigate matters that could, without further evidence, be deemed misconduct. Thus a statutory interview is held to determine if misconduct has taken place.
If the bankrupt has no defence or mitigating arguement to what appears to be possible misconduct then a BRU is likely.
If the bankrupt's response to the questions of the OR are deemed plausible and acceptable then the OR would consider the matter satisfied and closed.
Therefore, it is merely a matter that needs further investigation. It does not mean the OR is suspicious but that more explanation of circumstances are required.
He has a duty to establish this one way or the other.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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rollercoaster
Junior Member
United Kingdom
327 Posts |
Posted - 16 August 2008 : 14:09:15
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| So if everything is explained in full at first interview, 2nd one should be unnecessary? Only asking as we are expecting a BRU (gambling etc) and we are taking absolutely everything to the interview. dont think we could go through it twice! |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 August 2008 : 16:54:21
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Hi RC
I'm confused, I thought it was jayrob that had been advised of the 2nd interview and you wanted to clarify the point.
If a 2nd interview has not been suggested in your case please don't worry.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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or letter
