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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I was made bankrupt in 2011 and subsequently discharged in

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I was made bankrupt in 2011 and subsequently discharged in 2012. Although the OR was happy with everything, a trustee was put in place by my ex-husband rallying around debtors a matter of days before my discharge, but I was still discharged after 12 months. The bankruptcy occurred as I had a breakdown and severe health problems following a bitter divorce and acting as a witness against a criminal prosecution against my ex-husband, and I have since found that I have a brain tumour that is causing more angst and despair. I received a letter from the local county court today vacating a hearing for next week, that I had no idea was happening, and postponing it for 4 weeks. I called the court to enquire, and was advised that there was a note on file to say that I had not been served with any documentation as they couldn't adhere to a 14 day serving rule. i asked what it relates to, and the Trustee wants to interview me under oath, and the original 30 minute slot wasn't deemed long enough, and he wanted an hour. I genuinely don't feel well enough to have a 1 hour grilling. I have looked for advice, and I can't find anything about my rights, I can find nothing that says things like this happen to discharged bankrupts. I was on Employment Support Allowance from before the bankruptcy until a couple of months ago where I'd just found part time work that I can attend between my hospital appointments, and having just read the letter I am extremely anxious and worried about losing everything I'm starting to get right again. Can anyone offer any advice on my rights or the procedure?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you contacted the OR to find out that this is about please?

Customer:

Hi! I haven't contacted the OR yet as I have been discharged, and they were extremely supportive through the bankruptcy as the police were involved throughout also, as I was a police witness. The OR contacted the Trustee to advise that they were being fed misinformation by my ex-husband - who incidentally isn't a creditor, his claim wasn't accepted, but the Trustee pushed ahead, but I haven't heard anything from the Trustee for over a year.

Alex Watts :

Is there any allegation of anything here?

Customer:

Nothing that I am aware of at all. I haven't heard a thing from them, but I have no idea what my ex-husband may have been telling them. The OR was satisfied, as the police were involved, the paperwork that was provided proved everything I said, as it also formed part of the court case. If there were any allegations, surely I would have heard about them?

Customer:

Just to add, I haven't heard anything from the OR either.

Customer:

And I was definitely discharged in Oct 2012.

Alex Watts :

I would not worry, if you have declared everything and co-operated I do not think you need to be concerned.

Alex Watts :

If its under caution then you should take a Solicitor

Alex Watts :

But if its not under caution then you need not worry. It just seems to be an interview under Oath

Alex Watts :

I assume they want to check everything is right

Alex Watts :

But I agree its unusual.

Customer:

My main concern is being grilled for an hour. I have a brain tumour and I just appear drunk constantly. I've not had any documentation at all, but it can't be under caution, as I've not been accused of anything. I had a breakdown last time, and I just don't feel strong enough to have a grilling for grillings sake, and wanted to know the procedure.

Customer:

Could they be doing this to try and take my house. Nothing has ever been said about them taking it.

Alex Watts :

You need to explain that you have a condition.

Alex Watts :

You only need to answer questions if they have evidence

Alex Watts :

Ask if they have evidence, if not you don't need to answer anything

Alex Watts :

Can I clarify anything for you about this today pleae?

Alex Watts :

please?

Customer:

Tell them about the tumour before the meeting, or at the meeting? It's impossible to give you anything to clarify, as I still don't know what it is they want to speak to me about.

Alex Watts :

Before.

Alex Watts :

I know, but can I answer anything else for you?

Customer:

Ok. What rights do I have as a discharged bankrupt, given that I haven't heard anything from them, that I have no assets other than my house (which is negative equity with a suspended posession order on it).

Alex Watts :

They are still permitted to talk to you

Alex Watts :

If you said something that was not true then they could investgiate that

Alex Watts :

But of course I don't know the basis of the interview

Customer:

Ok. I don't think I said anything that wasn't 100% true, but again, nor do I know what it is. Do they have to advise the basisi of the interview or provide me detail about what they will be discussing?

Customer:

*with

Alex Watts :

Yes, they need to tell you in the interview. You can ask what the interview is about and you wont answer questions until you are told

Alex Watts :

Can I answer anything else for you?

Customer:

Final question, should they not have to tell me that prior to the interview, and what format will the interview take - who is in attendance etc

Alex Watts :

Its hard to say who will be there, at least two people.

Alex Watts :

One person to take notes and one person to ask questions

Customer:

Is there a Judge in attendance?

Alex Watts :

You can ask at the outset the purpose and nature of any allegations

Alex Watts :

No

Customer:

Can I refuse to attend on the basis of my health?

Alex Watts :

If you have evidence of it yes

Alex Watts :

That is because there is no Court Order making you attend I assume

Alex Watts :

If there is then you do need to attend.

Customer:

I do. I don't have a letter from the doctor specifically saying I am unable to attend because of the tumour, as I've only just had notice of the hearing, but I have a million scans and medical reports. I have no court order, I literally have only just got the adjournment today, and prior to that have had nothing.

Alex Watts :

Ok - but I would attend to get it over with.

Customer:

When I called the court, they said I wouldn't have had any notice at all, there was a letter on file to say they hadn't served due to a 14 day rule or something.

Alex Watts :

Ok - you should attend to bring an end to the matter

Alex Watts :

But they should tell you at the outset what the purpose is

Customer:

Ok. I'll contact you again once I find out. If I attend with a solicitor, should they be an expert in this type of law?

Alex Watts :

Yes ideally.

Alex Watts :

Can I clarify anything else?

Customer:

Thank you, XXXXX XXXXX!

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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