From what I can glean from my friend (without appearing doubtful when asked for further advance financial help in anticipation of this gratuity.....) he would have discussed his almost end-of-service retirement position with the OR at the time of his bankruptcy 2 years ago. He had already served 20 of his 22 years so would have known about his entitlement. Yes, I believe a gratuity is paid to every long serving soldier, possible as part of his conditions of signing up for service.
My problem is that there is a certain naivety in him not understanding the difference between a paid-for pension which is definitely outside the scope of bankruptcy and the meaning of the word 'gratuity' to describe a long term service lump sum award in any sphere of employment but particularly from the army. I am sure that most soldiers reaching somewhere like 18/19 years service think of nothing more that 'only another 2/3 years to go...' So, surely he would have raised this with the OR? But just word of mouth and nothing in writing to counter any later demand?
My friend is inclined to brush aside my hinted doubts - raised partly because I dont want to see his great future plans crash around him at the last minute - approx £40,000, but from a selfish point of view, I dont want to lose any more lendings than I have already risked.
He has his monthly salary paid directly into his wife's bank account for convenience and seems to think that because the projected gratuity will be paid into that account too, all will be well because she is not bankrupt.... I have tried to explain that this is tantamount to giving away money that could rightly belong to the OR but my friend merely says, "how will he know?"
Obviously, I cannot go behind my friend's back to obtain definitive advice from the particular OR for fear of alerting him to something he may like to investigate but I am seeking advice as to whether and how effective the Receiver can be after early discharge of a bankrupt. For instance, I understand an OR retains an interest in property (houses) equity for 3 years. What about lottery wins, legacies, windfalls, gratuities and the like? It is the latter that concerns me. .I understand that my friend was not the subject of any payment order at the time of his meeting with the OR.
Thank you very much for the information given. I should have come to you in the beginning rather than wait 2 weeks for an answer from the Insolvency people which was of no help at all...
I am rating your information as Excellent. Many thanks
Little bit confused about payment but trust the requested £47 has been received via my credit card.
I thought the case was settled and rated your answers as excellent. Have you now received the fee? Shall I ignore any further requests?