Is this possible?

[flo5]

Hi

Brief resume. My husband was made bankrupt in May 2009 discharged a year later. The firm who made him bankrupt was a firm of solicitors who had acted on our behalf on a no win no fee very long story that l will not bore you with but we won the case and then instead of the £4500 we agreed they want £80,000 reduced to £40,000. We fought them however due to their delay tactics and us running out of money eventually we could not afford to take it any further . They issued a bankruptcy petition that was duly granted. Today out of the blue we get a letter stating as our children are now over 18 and it has been some years so we should have cleared some debts can the please have the money that is owed to them.

Mu understanding was that any debts at the time became void at bankruptcy and that for them to chase us now is against the rules -

I would really appreciate some help with this - what should we do or where can l seek clarification

Many thanks

[MrsD]

Re: Is this possible?

hi Flo

not my area but I will ask one our guys with a bit more knowledge of bankruptcy to pop along

doesn''t sound right to me, cheeky buggers!

[philnicandamy]

Re: Is this possible?

As far as i'm aware they're trying it on..the ONLY things that cant be included as a bankruptcy debts are court/magistrate fees, student loans, court fines and child support arrears and any debts built up AFTER bankruptcy...so they can whistle for their "fees"

have you spoke to any of the free debt helplines about it?? stepchange/national debtline CAB they'll say the same! i'd report them to the receiver who dealt with your bankrupcy case then report them to the office of fair trading

[Never-In-Doubt]

Re: Is this possible?

I've asked Andrew to pop-in and offer his advice....

[flo5]

Re: Is this possible?

Thanks for comments - much appreciated

[ATW]

Re: Is this possible?

This looks very odd. If it was no win no fee and you won why didn't they get their fees paid by your opponent? If the bankruptcy was 2009 I would expect the debt would have been from 2008 or maybe earlier so it could be statute barred. If the debt was included in the bankruptcy then I do not know why they are chasing now and on what basis they say it is still owed. You potentially having cleared other debts or your children being 18 or over has nothing to do with whether the money is owed or payable.

[flo5]

Re: Is this possible?

Hi ATW,

Thank you for your comments.

The case was complex and involved the pensions ombudsman the amount that was quoted in the bankruptcy was for the cost of the solicitors fees when the case went to the High Court for a hearing to have the amount of the original fees challenged. The solicitor represented himself and wanted the fees for this awarded against us - which there were. We had run out of money to fight the case although our new solicitor and various advisors said we had a strong case. The solicitor went to the courts had a summons issued we went to the local court and answered various questions regarding our income then we got the petition for my husbands bankruptcy. The "debt" relates to a court judgement made in 2007. The letter has come totally out of the blue as we had moved on from this traumatic ordeal and now it has all come back - can they do this? they are a firm of solicitors should they not know better if this is not acceptable and if they cannot do this what should l do. Sorry for all the questions it has totally thrown me.

[flo5]

Re: Is this possible?

Update: I took the advice offered and contacted the OR who was not amused, he reassured us that they are not allowed under law to pursue this debt and will be writing to them accordingly.
I really appreciate the support provided by this site. philnicandamy was the first person to offer support to me many years ago the support then as now has been invaluable.

I do not often post put do so every now and again if l feel it might help. I can honestly say that this has been a lifeline not only to myself but to hundreds of others - I wish there was not the need for such a service (in the nicest way) but will be eternally grateful that you have and are there for me. THANK YOU

[Pixie]

Re: Is this possible?

Thank you for your kind words about the forum and hopefully you'll hear no more about this once the OR has written to them

[Never-In-Doubt]

Re: Is this possible?

Thanks for your kind words & kind donation.

We're here whenever you need us.

[flo5]

Re: Is this possible?

A quick update received an apology in writing from the solicitor today. Who admitted to feeling embarrassed about sending the letter. Would have loved to have been a fly in the wall when he read the OR's letter.

Thank you again for all your help and support - great knowing you are here and ready to help

[ATW]

Re: Is this possible?

A quick update received an apology in writing from the solicitor today. Who admitted to feeling embarrassed about sending the letter. Would have loved to have been a fly in the wall when he read the OR's letter.

Thank you again for all your help and support - great knowing you are here and ready to help

Good stuff. Glad its over.

[Pixie]

Re: Is this possible?

A quick update received an apology in writing from the solicitor today. Who admitted to feeling embarrassed about sending the letter. Would have loved to have been a fly in the wall when he read the OR's letter.
Thank you again for all your help and support - great knowing you are here and ready to help

And so he should be embarrassed! Great result

[SXGuy]

Re: Is this possible?

Well done to your OR as well, i know from expierence once you are discharged they very rarely wish to do anything to help, so hats off to him/her as well.