Out of BR What now?

[mickthespur]

Hi

 

Was declared BR in Feb 2008 and automatically discharged Feb 2009.

Have not received any official notification just read it on OR site

 

Decided not carry on with my business about 1 month after BR as I was disabled (one of the reasons I went bankrupt). The order for payment each month was cancelled as I was on sickness benefit. Got in touch with OR Mar 2008 and asked them what they wanted doing with tools, van etc. No reply sent another letter still no reply. Have not heard anything from them apart from phone interview two weeks after BR. What can I do about tools, van etc. It would be a help to me if I could sell them and keep the money, but this is probably not allowed?

 

Thanks

[palomino]

Are they yours to sell?

 

If they were tools of your trade at the time of your bankruptcy then they ceased to be when you stopped trading. Hence they should now belong to the OR. Tell him to come and take them away.

[toddle2u]

You've offered them to the OR, he has shown no interest in them. I would sell them and keep the money. The OR should have dealt with it whilst you where BR not after you were discharged

[mickthespur]

Thanks for the replys guys. When I wrote to the OR I did offer to take them to their office or would be happy to have them collected, but nothing happened, can see what you are saying Palomino but also like what toddle2u to has stated!

 

Do not want to get in touch with OR as I have an aversion to give any one the oppotunity to give me a negative reply! Disregarding the tools, should or will I hear from them concerning official notice of discharge?

 

Seems strange that they had a phone interview with me over a year ago and nothing since

 

Thanks

[toddle2u]

Is it showing on the insolvency website that you have been discharged?

 

You can get a discharge certificate from the court that issued the petition and will cost about £60.00

 

For a cheaper option you can contact the OR you dealt with and ask for a letter confirming discharge.

 

They have a standard bland letter that they issue that provides the date - BUT this isn't universally accepted and they don't always issue it saying the person should go to the Court instead.

 

The guidance/leaflets you would have got at the time of your bankruptcy should have made it clear that discharge is automatic and you'd only get something from the OR if they were doing something else (eg early discharge or suspension)

[phat256]

however if u are eligible to have the court fee waive then you coudl get the certificate for free.

[legallyrobbed]

Hi Mickthespur,

Did you receive a notice of exemption (REPR) for the tools of the trade etc after your interview? This should have been discussed with you. If you did, then you can do what you like with them. They would have exempted these assets if you told them you were hoping to trade again at the time of the interview as your livley hood depended on them.

[mickthespur]

Hi

 

At the interview I was told I could keep all my tools and van as I was going to carry on trading, a month or so later was when I wrote and told them I would not be trading with no replys. Have not reiceved notice of exemption, although the wife seems to remember a letter saying I could keep the tools etc. Not at home for a few days so cannot check right now