Ask a Bankruptcy Lawyer. Get an Answer ASAP.
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.
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.
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.
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.
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.
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. :)