Discussions on life after your bankruptcy discharge.

Moderators: TalbotWoods, JaneClack

By loader
#470263 Hi All, I couldn't see an answer to this one.....is it possible for a third party to have access to my documentation post bankruptcy?

I was discharged long time ago, over 6 years. I have my own copies of documents but quite frankly Id rather know I have some privacy in that I must have consent for others to read forms such as articles and IPO forms etc.

Can anyone advise if it is possible for others to have access without my consent? I am concerned about malicious behaviour.

loader
User avatar
By TalbotWoods
#470273 Hi and welcome

As a normal member of the public the answer is no.

If you were a creditor who had claim against your estate, then the answer is yes, if you can show very just reason why you need it, i.e. have grounds to present evidence to the OR to get your discharged overturned. (Having said that I have never heard this actually happening). Besides they would not get access to your records until after they had presented evidence to the OR.

A major lender, such as a future mortgage lender, if the mortgage goes wrong and they suspect fraud, then they can as part of their legal investigations access your old records (for obvious reasons).

Police can access as part of a criminal investigation.

Security Services (such as Defence Business Services National Security Vetting) for security clearances (CTC, DV, NSC) can. (Oh and do!)

And no one else, unless they apply to the court to get a court order!.

HOWEVER

The bankruptcy itself was a public record matter, and this means that by searching places such as the London Gazette, they can see you were bankrupt and that remains a public record for ever.

Lenders, etc can access slightly more detail when you apply for higher level credit (such as mortgages), to ensure you have been honest on your application.

Tim
By loader
#470293 Hi Tim, wow thanks for that answer Perhaps I could be more specific.

My bankruptcy was discharged 2008 and off my Credit reference files this year. The last form I filed was an IPQO but i was abroad in Eurpope. I have messy situation were I am prosecuting my employers but my employers for some bizarre reason are threatening in an employment tribunal to "speak to" the insolvency people to say i was covering up cash in 2007. its mad because i had very little cash and they say they didnt pay me in THEIR court.

Can they access records or what process could they go through? I had no asssets and i was paid in cash and really quite little and it was never written down....so its not as if i had anything significant...certainly small disposable.

its twisted because i am fighting to say i was employed by them and they say they did not employee me and i was covering up income from them.for bankruptcy..its mad and its 7 years ago to undermine me in my case against their blatant bad treatment of me....therers no paperwork trail of any cash to me

but could they get access to my paperwork in ANY way without my consent? could they go to the insolvency and ask? could they get a hungarian judge to demand this? would the insolvenvy people even bother with this? im sure there isnt a crime because i had no real assets other than a guitar and some cash...

its so long ago....i did send a form back and told them i lived in hungary so its not as if i didnt say i was abroad!

could they pretend to be me or ask for an investigation? surely i must be informed if they require access? or is it too late for them?

loader
User avatar
By TalbotWoods
#470303 You need to seek legal advice on this, as a Tribunal (as with a court) can order those records to be released.

However, the defendants would need to demonstrate to the tribunal that there is just reason why they should be released, and those records would only be released to the Tribunal.
By loader
#470313 yes tim thats where im confused. i would like to know that i can block the release as i doubt the motivations of their lawyer. plus its a foreign country and smallish money. and 7 years ago...if insolvency heard from me and my allegations im not sure they would release anything.....its a workplace abuse court case....me taking it out against employers

ill ask insolvency people. i dont know what sort of checks they do if people ask for access..ie how they keep out malicious strangers.

im sure they cant get access overnight without me knowing...

alan
User avatar
By TalbotWoods
#470323 They cannot get overnight access.

Your records are held in the Insolvency Services Archives based in Birmingham, and they would need to apply to them.

As they are overseas, then I doubt they would get access to them as the court order bit only applies to UK courts and tribunals, not oversea jurisdictions.

Now this is where you MUST seek legal advice, and this is where I CANNOT advise.

Depending on the country, and the jurisdiction, and what legal international agreements are in place, and what legal precedents are in place, the UK Insolvency Service may release these records.

Remember bankruptcy is a PUBLIC matter, so under certain SPECIFIC circumstances the IS MAY release that information to the overseas court.

ON this matter I am afraid we cannot advise further, as this is now a legal matter rather than a debt matter.

Oh BTW the UK Insolvency Service is closed today, it is a Bank Holiday!