Hi There I have been reading this forum following a letter received from the 'Examiner' at The Insolvency Service and hope you may be able to provide some advise. I seperated from my ex last year because he had lied about his financial situation and covered up a debt of thousands. Before separating, I had contributed towards holidays, a car and improvements on his house. The separation resulted in the agreement that I took the car in exchange for my contributions to holidays, house etc. We split in March/April. The car was transferred into my name in May (I think). I then sold the car 2 weeks later for cash which I have since kept and am about to use as a deposit on a house. I now have this letter telling me that my ex was made bankrupt in June 08 and they are asking for info about the car and referring to it as a 'preference'. They want to know how the car was valued, how and when it was sold, why the funds were passed to me and how and any evidence of loans made to my X. Apparently, they can apply to the court for an order for repayment of the money and have therefore asked how I propose to make the repayment. Can you please advise on the following: - do they have the right to take this money back and are they likely to? - do they have the right to view my bank accounts? - what if I no longer have the money? - can I respond along the lines of 'this is no longer my concern and nothing to do with me'? - can I refuse to repay this? - what if I just don't reply? I fail to see why I should have to pay my ex's debtors. This was no business transaction, it was a breakdown in a relationship. How can I be a 'preference' if I had no idea the bankruptcy was looming? I am very worried about this so any advise would be very welcome. Thanks Paula
By virtue of the fact that you received a benefit of X when no doubt other creditors did not would create the position that you have been preferred over his other debts.
Thus a preference has occured.
The Official Receiver does have the legal right to overturn transactions prior to bankruptcy that would have overly prefererred one creditor over another.
Paul Johns Assisted Bankruptcy Specialists Reviva UK
Hi Thankyou for your reply even though the anwswer is very worrying. I also wondered if this would affect my credit rating in any way, just for the fact that I have recieved this letter? Is there anything I can do?? Can i negotiate with the Insovency office?? I know they see this as a prefernce but I was a girlfriend not a creditor, this could potentially ruin my future!! Paula
I have been reading this forum
Posted - 14 January 2009 : 11:12:39
