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Discharged bankruptcy CCJ claim made against me


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Hi guys

 

I was made bankrupt in October 2008 and was subsequently discharged 12 months later.

 

In February I received a court claim from a personal debt that I forgot to include in the BO.

 

I filed all the defence forms and the Judge ordered that I provide proof of my bankruptcy so they could consider the claim being struck out.

 

I filed a copy of my credit report (showing date of BO and ref number), a letter from HMRC that was stating due to my BR my UTR was closed etc, a letter showing the release of interest from the OR in my property.

 

I was unable to provide any more proof as none were still in my possession due to the time since the order.

 

I have since received a N24 SO for settlement.

 

The opening lines state that the Judge has stayed until a later date pending receipt of further information concerning the BO...

 

I have a couple of questions if that is OK

 

1) What other proof can I file and where would I get such old docs from?

2) My BO was stated in the LG

3) The claimant reckons they knew nothing about the BR but it is my understanding that point 2 could make that a mute point (?)

4) The debt has been proved to have been incurred over 4 years PRIOR to my BO

 

Any advice would be appreciated,

 

Thanks

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Bankruptcy is not my area at all – so I can't really answer your question. However, isn't there an additional defence that the alleged there is statute barred?

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Bankruptcy is not my area at all – so I can't really answer your question. However, isn't there an additional defence that the alleged there is statute barred?

 

I foolishly made a payment under duress to get them off my doorstep a couple of years back, it was only AFTER my BO that I was told about the statute bar and my rights after discharge etc.

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But how long was it between that doorstep payment and any previous payment made?

 

Did you get a receipt?

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That was the first payment since he lent me the money so in 5-6 years, nothing had been paid off it at all previously as I was laid off and out of work due to illness.

 

Yes, the payment was made electronically.

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You need to find out - possibly by going to the original creditor - to establish exactly when the last payment was made to them, and then get the exact date of the payment made under duress. If 6 years elapsed between those dates, then the debt would have already been statute barred at the time you made the latest payment. Making that payment cannot change the SB status

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Hi,

 

I made the payment in December, 5 years after he lent me the money which was also the first contact (via email) I had had with him. This was also 2 1/2 years after my BO.

 

All contact was made to stop him turning upon my doorstep, which he was doing constantly and by his own admission the court.

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The claim is for just shy of £10k including court costs that have been added.

 

It is a single name claim (married, mortgage holder, no tangible assets to speak of solely in my name)

 

I have been reading and it seems that the debt is covered by my BO (Under Section 382 of the Insolvency Act 1986) but how do I get further proof of it in addition to what i have submitted?

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  • 2 weeks later...
Hi guys

 

I was made bankrupt in October 2008 and was subsequently discharged 12 months later.

 

In February I received a court claim from a personal debt that I forgot to include in the BO.

 

I filed all the defence forms and the Judge ordered that I provide proof of my bankruptcy so they could consider the claim being struck out.

 

I filed a copy of my credit report (showing date of BO and ref number), a letter from HMRC that was stating due to my BR my UTR was closed etc, a letter showing the release of interest from the OR in my property.

 

I was unable to provide any more proof as none were still in my possession due to the time since the order.

 

I have since received a N24 SO for settlement.

 

The opening lines state that the Judge has stayed until a later date pending receipt of further information concerning the BO...

 

I have a couple of questions if that is OK

 

1) What other proof can I file and where would I get such old docs from?

2) My BO was stated in the LG

3) The claimant reckons they knew nothing about the BR but it is my understanding that point 2 could make that a mute point (?)

4) The debt has been proved to have been incurred over 4 years PRIOR to my BO

 

Any advice would be appreciated,

 

Thanks

 

Claim struck out by District Judge 👍

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