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  • New Claim

    Hello,

    Following a very long drawn out process, of which there are associated threads within this forum, I have managed to bankrupt a builder personally for his failure to provide RSJs (reinforced structural steels) which he was paid for and never ordered. The subsequent kick on for him has been eye opening as he obviously owed money to me, but others have now come forward which means his debts are far far greater, well into 6 figures.

    From speaking to the trustee, he will be approached reading his own desire to annul, rather than loose his house, which is all fine, and I also understand that he will be discharged from bankruptcy after 12 months all this being equal.

    My question is this. Whilst looking through my paper work, and doing my accounts, I have noticed that the builder was also paid for skylights, but he never delivered those during the build either. I have only just noticed this whilst catching up on my accounts.

    Can I raise a separate claim against him for these now given won't be hard to prove, and given he has already lost regarding the failed delivery of the RSJs, it a done deal really as the situation is the same albeit for a different product.

    If I can raise a separate claim, as it is within the statutory time limits, am I best waiting until his bankruptcy is discharged?

    Thanks in advance.
    Tags: None

  • #2
    Having made him bankrupt, you may not sue, but may lodge a claim with the trustee in bankruptcy.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      So even without an associated CCJ the trustee will still consider as part of the bankruptcy ?

      Comment


      • #4
        yes. The trustee's role includes considering all claims by all creditors.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #5
          Thank you

          Comment

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