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[SnippysDad]

Hi

Can a debt be included in a bankruptcy if there is no invoice for the debt?

Around seven months ago I lost an appeal and was made liable for solicitors fees of over £24,000.

This is was not a criminal case, I wasn't convicted of anything and the debt is made up purely of the solicitor's "costs"

The law firm have never issued an invoice, bill or court order to recover these costs and have never contacted me in any way.
I explained to them at the time that I'm a full time carer and my only income is made up of benefits. I have no savings, no property and no assets whatsoever.

Recently, I received an email from an admin person at the firm demanding I make an offer to pay off the debt.
I reiterated that I'm a full time carer with no assets and a very low income made up solely of benefits.
I also requested an invoice, which they refused to issue.
The next email simply said they were going to take action to "enforce" their debt. This was two weeks ago and I haven't heard anything since.

I am considering bankruptcy as I have an unmanageable level of debt and I'd like to know if I can include this debt in my bankruptcy.

The last thing I want is to declare bankruptcy and then have this law firm issue me an invoice.

What evidence of the debt would the OR require?
Would the email be sufficient?

Any advice greatly appreciated!

Thank you.

[Geraldine]

Hi SnippysDad and welcome to the forum

I believe solicitors costs that you have to pay after losing a court case are included in bankruptcy. You do not have to have a specific bill. Just list them as a creditor in your application and estimate what you owe. Put a nominal amount of £1000 if you really don't know.

The OR will contact the creditor and ask them to confirm their debt.

One of the great advantages of bankruptcy is that the debt is included and you are protected from them whatever the amount. The outcome of the bankruptcy as far as you are concerned will not change whatever they say they are owed.

[James Falla]

Hi SnippysDad

Geraldine is correct. If you have lost a court case and now have to pay the other party's costs this bill is provable in bankruptcy and is included.

You do not need a bill from the solicitor. In fact if you go bankrupt you do not even need to add them as a creditor. Any provable unsecured debt you owe on the day you go bankrupt is automatically included whether you know about and add it to the list or not.

My advise would be to include this debt in your list of creditors and make a guess at the amount. The Official Receiver will contact the solicitor and get the correct balance from them.

[Pracey]

So no one can claim anything after you declare bankrupcy, basically?

[Hayden]

Hi Pracey

You are pretty much right. Almost all unsecured debts are included. Once you are bankrupt they are not allowed to take further action against you to try and collect what they are owed.

Remember, there are a few which are not included: Student Loan company debts, CSA arrears and court fines. Also secured debts are not included unless the asset they are secured against has been repossessed or disowned by the lender.

You can read more about this here: Debts included in Bankruptcy