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Home | Client stories | Helping A Creditor To Recover Debt Payments

Helping A Creditor To Recover Debt Payments

April 15, 2021
Claire Middlebrook

Problem

In this particular case, we were appointed as a Trustee in a Sequestration case.

This was following the presentation of a petition to the court by a creditor who was owed over £28,000.

On appointment, our team ascertained that the debtor did not own any asset and was not in a position to make a contribution towards his sequestration. It seemed that there would not be any potential recoveries for creditors.

Solution

After meeting with the debtor and obtaining a full list of his liabilities it was ascertained that he had a number of creditors which were high street lenders.

At that time, we were working with an agent who was able to investigate claims for potential mis-sold payment protection insurance.  They conducted an investigation and were able to make a claim for mis-sold Payment Protection Insurance.  The claim was sufficient to pay the expenses of the Sequestration and a dividend back to creditors.

The petitioning creditor received repayment of their legal fees for petitioning the court as well as dividend.

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For individuals

Sequestration

If you live in Scotland and are unable to pay back unsecured personal debts (worth more than £1,500), then you might be able to enter sequestration.

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The petitioning creditor received repayment of their legal fees for petitioning the court as well as dividend.

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Claire Middlebrook, Scott Bastick and Katie McLachlan are authorised to act as insolvency practitioners in the UK by the Institute of Chartered Accountants of Scotland

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