Terms & Conditions

[Anonymous]

I have a County Court (N322a) award against a lady for £555.77. Her debt adviser has advised that she went bankrupt approx 2 years ago (the o/p dates from July 2002-2003).

Firstly, does anyone know the best way to check if someone was bankrupt at the time the o/p occured. The Insolvency Service website doesn’t seem to be foolproof.

Secondly, I am confused about the impact bankrutcy has on my ability to recover the debt. The debt adviser has stated that benefits awarded and paid prior to the date of the bankruptcy order (not sure what date that was), in respect of which a decision was made that they were recoverable was issued after that date (decision letter issued 29/09/03), are overpayments that constitute a bankruptcy debt and are thus irrecoverable from future benefits after discharge.

In short, can anyone explain (simply) when I can and can’t recover an o/p where the claimant is bankrupt.

[Anonymous]

As I understand it, if you wish to seek recovery by any other means than deductions from ongoing Benefit, then you are bound by the terms and conditions of any order that the court made (insolvency, consolidation etc)

However, recovery from ongoing Benefit is different in that you are not getting payment from the person concerned (in effect you are witholding money from them) and therefore you are not bound by any orders of the court in respect of these matters.

Perhaps a little over simplistic, but that’s what I think it means. 8)

[Kevin D]

A couple of earlier threads may help:

new.hbinfo.org.com/forum/viewtopic.php?t=7600
new.hbinfo.org.com/forum/viewtopic.php?t=7869

Other threads can be found via a search for the keyword “[b:808a8f091a]Steele[/b:808a8f091a]”, or “[b:808a8f091a]bankruptcy[/b:808a8f091a]”.

[Author]

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