solicitor trying to claim money from debt that was owed to me for a receiver

[Tige]

Under the circumstances i am tempted to write to the solicitor and ask where he was given the information that my friend borrowed monies from me and paid back monies back to me. I just do not want to put myself in an unfavourable position either way.like i said the information the solicitor has is from a diary belonging to my friend.

[atticus]

You don't think your friend's diary is sufficient proof, especially with the cash withdrawal? Can you truthfully deny having lent the money? Or having been repaid?

Oh well, I will be interested to hear how you get on.

[Ukmicky]

So I don’t really know much about this subject so I could be wrong but I thought pension money was protected under bankruptcy laws . If so if you were paid using his pension money they shouldn’t have any claim against what you were paid.


one of the others may come back and say I’m wrong,but hopefully not.

[atticus]

Sorry. UKMicky, but that is not correct.

A bankrupt's pension fund is generally safe from the OR or trustee in bankruptcy. That much is correct.

But here, the guy had drawn cash from his pension and paid the OP before being made bankrupt.

[Tige]

I just need to take the best course of action for my self here, i will wait and see what evidence he comes up with regrading the proof of first being notified he had the judgment made against him. Like has been said if he found out after the date he paid me back, Then that would be the best course of action, However once i take that course of action i can no longer deny that was indeed paid back and leave my self wide open to whichever new tactic the OR comes up with. Considering he told my friend the reason he wanted the diary and the details within it was to write to each person and make sure that indeed they had been paid back, and that my friend had not pocketed the money for himself. No letter was received from the OR to ask such a question .A very crafty move on the part of the OR, the result of which is where i am now, so you can see my reason for wanting to use denial approach,pushing the burden of proof back onto his unethical shoulders so to speak.

[atticus]

Ah, it would have been useful to know that earlier. It changes things. So why reply at all?

But at least you now understand the legal basis of a preference claim.

[Tige]

reply because it tells me to nt ignore the letter or its instructions, and yes i do now understand the legal side of a bankruptcy claim, and finding out this information has been something that has been happening during the progress of the day, The latest part was me asking him how the OR knew about me and most of all my address. Also asking him why he did not let me know about all this prior to the letter turning up at my door step, i might add Not signed for.

[atticus]

signed for post can be refused. ordinary post makes it to your doormat.

[Ukmicky]

Sorry. UKMicky, but that is not correct.

A bankrupt's pension fund is generally safe from the OR or trustee in bankruptcy. That much is correct.

But here, the guy had drawn cash from his pension and paid the OP before being made bankrupt.

Thanks atticus , I did say I may be wrong , I was just hoping for the sake of the OP I wasn’t.

In order to improve my understanding can you explain why someone can’t withdraw cash from their pension prior to being made bankrupt to pay off a debt . Why does the money gained from the pension not remain untouchable , it is still pension money is it not .?

oh ,I just realised I remember you from another website . So Des8 is as well , Good to see your both still around giving advice .


Edit

ignore my request attics I just found a site that explains it and I understand now.

[atticus]

For others' benefit -

We are not saying that you cannot draw money to pay a debt. The question here is whether this is a case of one creditor being paid in a way that gives him preferential treatment as compared with other creditors generally.

Once drawn, money is no longer in the pension pot, and so loses that protection.