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A Bankrupt borrowed money from me
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This happened to me some years ago. A so called friend of long standing came to me in great distress and in severe financial difficulties. I loaned him a substantial sum on a short term basis. I later found out that he had already filed for bankruptcy and he did not inform me of this at the time. It was the building society who forced his bankruptcy and my loan was to help keep the bailiffs away � too late as it transpired. All our transactions and initial agreement was documented.
For all his deception he received a goal sentence and was struck off a professional body.
He is now a so called discharged bankrupt but my question is this. Even though all these events occurred 10 years ago is he 'discharged' from what he owes me? I was informed by my solicitors at the time it was pointless to pursue and could be viewed as harassment. But I believe his circumstances are now, shall we say recovered.
For all his deception he received a goal sentence and was struck off a professional body.
He is now a so called discharged bankrupt but my question is this. Even though all these events occurred 10 years ago is he 'discharged' from what he owes me? I was informed by my solicitors at the time it was pointless to pursue and could be viewed as harassment. But I believe his circumstances are now, shall we say recovered.
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For more on marking an answer as the "Best Answer", please visit our FAQ.I am afraid you have absoltely no chance of getting any money now - two reasons - one is that as you rightly say he is discharged from any of his previous debts - the second is that in order to pursue a debt there are certain things that you must do - one of them is to inform the person who owes you money of the fact that you are expectingyour money on a (regular) basis. Since I assume you have not contacted him for over 6 years to let him know that you still want your money - you can not claim anything.
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Thank you both for your responses. One thing that got me wondering about all this though, as he was already a bankrupt before he approached me for the loan and I knew nothing about this state of affairs would this particular debt still be discharged through his bankruptcy hearing?
It was because of this withholding of information and also not declaring certain assets that he was handed down a custodial sentence.
Just goes to show how trust and friendship can be abused.
It was because of this withholding of information and also not declaring certain assets that he was handed down a custodial sentence.
Just goes to show how trust and friendship can be abused.
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If the money was borrowed after the bankruptcy, then as mdoo98 writes, it is not within his original bankruptcy. Yoir problem is, however, the Limitation Act. You can only sue someone for repayment within 6 years of the payment becoming due unless they have made part payments subsequently, or admitted the debt in writing,in which case the time limit starts running again (or unless the original debt was created by a deed (eg a mortgage) in which case the limitation period is 12 years). I can not imagine why your solicitors thought that to claim payment from a debtor constituted harrassment, and anyway the Protection from Harrassment Act was not passed until 1997!!