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Ed Turner
Ed Turner,
Category: Bankruptcy Law
Satisfied Customers: 865
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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Do you provide advice concerning post bankruptcy? Ie if a

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Good afternoon. Do you provide advice concerning post bankruptcy ? Ie if a financial misselling claim could be made against a SiPP company and this is 4 years since the discharge and 18 months post the trustees final progress report, confirming settled and closed, do they have any rights or interest in the claim? They have already taken £50,000 from claiming against the financial adviser company via FSCS paid in 2017 for advice given 2012 and its possible the SiPP firm, who are also out of business, could also be deemed negligent, but this only came to light at the end of last year
JA: Where are they? It matters because laws vary by location.
Customer: to whom are you referring please?
JA: What steps have they taken so far?
Customer: they who?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

 

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.

 

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

 

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

If you have been discharged from your bankruptcy, then you may make claims and any damages you receive will not go to your bankruptcy estate to pay your debts as this was discharged some time ago.

I hope this resolves your enquiry. Please revert to me if you have any further questions and I will be delighted to assist.

 

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

 

Kind regards

 

LawyerEd

Do you still need expert assistance in this matter?

 

Please revert to me if you have any further questions and I will be delighted to assist.

 

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

 

Kind regards

 

LawyerEd

Customer: replied 15 days ago.
Thank you for your response and the advice you have supplied at 19.21 23/03/20. Is there a source to identify and conform this, so I can evidence this to the FSCS please? Many thanks.

Thank you for your further question.

 

You need to send copies of your Bankruptcy and Discharge Certificates to the FSCS to prove that your Bankruptcy was discharged and your Trustee In Bankruptcy has settled your Bankruptcy Estate by paying off your Debtors.

 

HOWEVER, as a discharged bankrupt, your financial and credit record will always be tainted and therefore you will also face opposition before anyone extends you credit or entertains another claim. This is probably the reason why the FSCS are being obstructive in relation to your SIPP claim.

Customer: replied 15 days ago.
Thankyou. They are saying they just want to check with the administrators/trustees when we submit the claim. Reason for my caution is that any PPI claims are subject to being claimed by them after discharge and so I’ve seen something that mentions financial claims too, which prompted my original question. Is there a source that categorically evidences your advice and with this now being in writing would you be prepared for me to use this as advice?
Kind regards Alan

Hi Alan

 

This is a matter which requires a bespoke solicitor-client retainer over and above the service that I can offer via Just Answer.

 

I suggest that we have a detailed telephone discussion and can offer a Premium Service Phone Call and then I can pass you my practising details for my main law firm where I can act as your solicitor in this matter.

Customer: replied 15 days ago.
Hello Ed
No that will not be required. Thank you for your advice so far. I am concerned that I can not get a straight yes or no from what you have said, or ability to see in writing the source of that confirmation via the web possibly or source of text, which could be used as an indicator. Appreciate you may do that but at a cost, which makes me think this would be a potentially time consuming and fee consuming type of case against the parties mentioned, or indeed a large % share of my claim scenario.
Tbf if you are confident I CAN make a claim, as advised, that
should be something I could use with your confirmation? Is that not the case here?
Thank you very much and all the best.
Kind regards Alan

Hi Alan

 

Thank you for your further message. I apologise for not making myself clear enough.

 

Based on the information that you have provided, I am reasonably satisfied (i.e. 51% prospect of success, which is as high as I ever give to clients) that your discharged bankruptcy will not prevent you from making a claim against the SIPP provider.

 

I am sorry if I cannot provide any more definite advice than that, however, Just Answer is an "ad hoc" answering service and it is not possible to provide the kind of advice that a solicitor can provide a client based on a full review of the documentation and a verbal consultation with the client and a follow-up written advice.

 

I hope that I have answered your enquiry and shall be grateful if you will please give me a positive rating in order to close this thread.

 

Kind regards


Ed

Customer: replied 15 days ago.
Thank you Ed. I do fully appreciate your responses and now the scope of Just Answer.
Much appreciated, I will proceed accordingly and leave a rating. Kind regards.

I am pleased that I have resolved your enquiry.

 

Please give me a five-star rating on the Portal in order to close this thread. Thanks. :)

 

Kind regards

 

LawyerEd

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