What does Big Brother know.

[BensGrandad]

A person I know has just declared themselves bankrupt and as such had to meet the Official Receiver, after the order was made.

On seeing the OR he was asked for copies of bank statements and credit card statements for the past 2 years. When he said that he didnt have them the OR said ' Oh don't worry I will get copies from your bank and the credit card companies.'

What is the point of the Date Procetion Act if this can be done?

You phone a company and they want to know the last details about you before you can ask a general question that apertains to everybody, not just you, e.g. you ask S E Water what price do you charge for cu metre of water for West Sussex. They want your account number addresss date of birth and security password.

 

[rospants]

i think once you declare yourself bankrupt they can do pretty much what they want

 

[sten_super]

A person I know has just declared themselves bankrupt and as such had to meet the Official Receiver, after the order was made.

On seeing the OR he was asked for copies of bank statements and credit card statements for the past 2 years. When he said that he didnt have them the OR said ' Oh don't worry I will get copies from your bank and the credit card companies.'

What is the point of the Date Procetion Act if this can be done?

You phone a company and they want to know the last details about you before you can ask a general question that apertains to everybody, not just you, e.g. you ask S E Water what price do you charge for cu metre of water for West Sussex. They want your account number addresss date of birth and security password.

But surely the OR can only get that data because he is the OR. You or me couldn't go to his bank/credit card company and get this information. When it's required for the due process of law, as in this case, I think pretty much any relevant information can be demanded.

 

[El Turi]

Re: Re: What does Big Brother know.

But surely the OR can only get that data because he is the OR.

Correct.

 

[Bad Ash]

Alternatively the OR could approach and NSC mod an I'm sure he'd soon have all the personal details he required...

 

[Trotster]

You sign a permission slip, much like you do when you ask a company to claim your bank charges back - it gives them permission to request the information they need for the purpose of that enquiry - should they need it again for a seperate case, you would be required to sign another consent form

 

[BensGrandad]

Even as the Or does he not have to get the bankrupt persons permission to ask for bank details. Obviously if the person refuses they set an amount to be paid out of the weekly wages to go the creditors which would be higher than had they been allowed access to the statements.

 

[El Turi]

When a bankruptcy order is made the OR becomes trustee of the bankrupts estate so everything falls under the OR's jurisdiction. Therefore they have access to the bank details etc.

 

[Lady Whistledown]

They have to have access, surely, otherwise people could go about fraudulently declaring themselves bankrupt all over the place to avoid paying legitimate debts.

I guess if you don't pay what you owe, the consequent lack of privacy of a bankruptcy order is the price you pay?

 

[BensGrandad]

They have to have access, surely, otherwise people could go about fraudulently declaring themselves bankrupt all over the place to avoid paying legitimate debts.

I guess if you don't pay what you owe, the consequent lack of privacy of a bankruptcy order is the price you pay?

I accept the need but I feel that a condition of the bankruptcy order being made, in the light of the Data Protection Act, should be that you sign and give the OR the right to access your accounts etc rather than him being automatically able to gain this information. Obviously refusal to sign would mean the order not being made, if it a voluntary bankruptcy or a court order made if was not.

Sorry I just feel that somebody should actively grant the power to the OR rather than it be automatic.


What other body or person can legally do the same?

 

[Ozymandias]

I accept the need but I feel that a condition of the bankruptcy order being made, in the light of the Data Protection Act, should be that you sign and give the OR the right to access your accounts etc rather than him being automatically able to gain this information. Obviously refusal to sign would mean the order not being made, if it a voluntary bankruptcy or a court order made if was not.

Sorry I just feel that somebody should actively grant the power to the OR rather than it be automatic.


What other body or person can legally do the same?

I think your missing the point, in general terms, when you become backrupt the OR basically takes control of your funds (or the lack of them). He can't do this without access to yopur back details. The act of becoming bankrupt gives permission for the OR to do this.

 

[tedebear]

Bankruptcy is something that is a very very very last resort. By declaring yourself bankrupt you give the receivers full access to your financial history and situation. They can consolidate and pay off whatever debt they like without your knowledge or consent after you sign on the dotted line. THE DPA still applies although you've signed away your right to your financial data, so the OR is not in breach of any DPA related ruling.

I know 3 people who have been delared bankrupt and all 3 could have worked their way out of it without having the stigma over their lives that this has created.

 

[Uncle C]

I know 3 people who have been delared bankrupt and all 3 could have worked their way out of it without having the stigma over their lives that this has created.

Please spare a thought for all those people that were owed money by the Bankrupt who then walks away debt free.

 

[tedebear]

Please spare a thought for all those people that were owed money by the Bankrupt who then walks away debt free.

Yep - its a bad deal for all involved....

 

[Man of Harveys]

Is Leon Knight still declared bankrupt? As if he doesn't have enough stigma attached to his filthy name as it is...

 

[OzMike]

Please spare a thought for all those people that were owed money by the Bankrupt who then walks away debt free.

After five years in business I was a victim of two customers going bust to a total of
17 grand, nearly took me with them and put business back by two years.