no he didn't know... had no idea. He lost a tribunal case and costs were awarded against him in the sum of £10K. He had his proprerty on the market and intendedto pay the costs award from that however he received a CCJ and was given a deadline date by which to pay the CCJ. This prompted him to go look into going bankrupt and he went bankrupt when he also received a 3Ktax demand in November. That plus the 10K plus other debts forced him to go bankrupt as he was unable to work due to disability and still is unable to work.
No, there was no formal loan agreement between myself and my father. He lent me the money and I put 3K in our joint account so that we could move to a cheaper house and area as we were going to be unable to pay the high rent in Herts. We were doing all that we could to prevent bankruptcy including moving house. The proceeds of the sale are even more than I put in the joint account and the insolvency service have made no reference to this they have asked for a sum of 3,600
For UK JUSTICE ONLY
just a ccj and an then an order for recovery of award by 8th November 2012 and a letter from HMRC on 7th November 2012. He attended court on 15th November and received his bankruptcy on 15th November as he felt this was all too much to cope with due to his mental illness. he saw the insolvency officer in Cambridge on 28th November.
I have found the paperwork now - he received a "bankruptcy order on debtors petition" on 15th November 2012 at 09.55am. We sold the mororcycles on 10 June 2011 (one was mine). the order of recovery was made 23 October 2011, the tribunal award on 28th February 2011, the letter from HMRC was dated 7th November and the date award payable by 8th November. In addition we received a 3rd party interim order and hearing date for 10th December 2011 but this was then immediately cancelled due to my hsband being decalred bankrupt on 15th November 2011 at the same court.
Abject apologies - fingers on wrong buttons as now using laptop... All dates should read 2012!
We sold the motorcycles on 10 June 2012 (one was mine). the order of recovery was made 23 October 2012, the tribunal award on 28th February 2012, the letter from HMRC was dated 7th November 2012 and the date award payable by 8th November 2012. In addition we received a 3rd party interim order and hearing date for 10th December 2012 but this was then immediately cancelled due to my husband having being declared bankrupt on 15th November 2012 at the same Court.
As already stated it was the combination of the date by which to pay the order, and the solicitors letter accompanying said order stating they were going to take all further action as necessary to recover without informing him of said further action and the letter from HMRC stating there was an error in the tax he had paid as the company had failed to advise that he had a company car so he had to pay an extra 3+K which made him file for bankruptcy. he was worried about baliffs and unable to coppe with any further stress so filed for bankruptcy which was then subsequently granted on 15th November 2012.
Thank you for being so observant and for taking the time to double check. I look forward to hearing your response. My father is unwilling and / or unable to make to make any payment and both he and my husband are really concerned about the matter and fear all sorts of sanctions.
sold the bikes 10 June 2012 - went bankrupt on 15th November 2012 at 09.55
Thank you SO much - was the OR just trying it on then hoping my father would cough up? I am annoyed as my father worried - he is an OAP and it is a very official letter stating he has to pay. Is there anywhere that I can show my father that this is the case - if so can you refer me to it/ I would be grateful so as to stop him worrying.
thank you... well worth the £33.00 charged.
My husband did not know he was insolvent at the time he gave my father the money back. His (sole) property was on the market and the sale woud have cleared all the debts which was his intention. The issue only arose when he received the order of recovery giving him until 8th November 2013 to pay and the HMRC letter arriving at the same time. His property was still on the market but he knew that it would not be sold within the 7 days that he had been given to make payments in November 2013.he therefore filed for bankruptcy on 15th November 2013. My husband suffers from depression and anxiety and it was at this point in November that he decided to declare himself bankrupt.Does this make any sort of difference to the advice just received?
On what basis is there supposition that my husband knew he was insolvent when he sold the bikes? He had to provide a breakdown of finances for the tribunal - I still have those so could we use those to give to the OR to show that he did not know he was insolvent? We only sold the bikes as neither of us could ride anymore - I had an accident and broke my collarbone in October last year and his medication does not facilitate him riding a motorbike anymore.
Both my colleagues give valuable advice. Theimportant factor is if at date of sale of the bikes he knew that there was apossibility that he would lose his various claims and already owed HMRC moneyand go bankrupt.
The indebtedness would have to come out ofleft field which would be hard to prove
You would need to prove that your bike wasyours paid for by you in your name and that you gave the proceeds to the fatherand that your husband was merely the selling agent.
Any legal problem always has severalviewpoints or nothing would ever end up in court.