Save our Soul- BANKRUPTCY

[42man]

Apologies for not coming back sooner..... - this thread might help - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/104409-bankruptcy-order-twice.html

[d5xs]

Thanks for the reply 42man,

 

Haven't been online myself for three days.

 

Well gonna start reading through all 16 pages of your thread now!!

 

Rgds

[d5xs]

Hello All,

 

Still on the case and preparing various stages of legal defence, affidavit, evidence of not being personaly served as is claimed etc.

 

Can anyone offer advice on charges that would have been added to the council taxes arrears prior to the bankruptcy petition particularly from the baliff and if I am able to dispute the charges in my Affidavit to the court.

 

In the court papers they have given the total arrears for the the years in question but there is no detailed breakdown of the actual amounts owed per year and what represents the statutory amount and what they have added on as charges.

 

Thanks

[d5xs]

Question:

 

I jut confirmed I have legal protection up to 50,000 Pounds as part of my building and contents insurance with my mortgage company.

 

Anyone have experience trying to use this sort of cover to fight the Bankruptcy Order. I have already contacted a private solicitor but I'm mindful of mounting costs especially if I can get the legal support under my insurance.

 

Rgds

[gizmo111]

No experience of it- but ring them and ask what it covers as they sometimes have their own panel of solicitors and you cna only use them.

[d5xs]

Hi Gizmo,

 

Rang them and they said no coverage for such claims. Its defintely back to negotiating with the private solicitor.

 

Thanks.

Edited September 22, 2009 by d5xs

[42man]

As you were not served then i'd say that this is an abuse of the process and you should claim your costs back....and you should not be seen as a soft target to the official receiver !! the claimant has abused the process and should pay the official receivers costs....If you feel you can carry this off on your own then fine, but if you have the resources use a solicitor / barrister.....judges can vary wildly !!! The fact that a lie has been told on the affadavit will condemn the process server !!! They may also want to negotiate a settlement....i.e. pay your own costs blah blah.....but i'd only accept a settlement if they paid your costs and maybe request a bankruptcy restraining order (this might be a longshot - but bearing in mind the severity of the lie, then a judge may well grant this !!) They only usually get one good shot at a BR petition and it sounds like they are sunk !!

 

You might find this particular case helpful....

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

Then r 6.15 says:

(1) Service of the petition should be proved by affidavit.

(2) The affidavit shall have exhibited to it -

(a) a sealed copy of the petition, and

(b) if substituted service has been ordered, a sealed copy of the order;

and it should be filed in court immediately after service.

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. The rules provide in terms that the petition must be supported by an affidavit of service showing how the petition was served, and express reference is made to substituted service and the way in which that then is to be proved, which involves the affidavit of service having with it a sealed copy of the order.' - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

[d5xs]

Greetings 42man,

 

Thanks once again for your detailed reply. Have just called/emailed solicitors to advice on cost of getting a Barrister on the case for the hearing next week.

 

Apart from the debt owed I have receiver, trustee and petition cost to navigate, which as I mentioned earlier now total more than the original debt.

 

Need to get this right!

 

Rgds

[42man]

I'm also wondering if there is any adverse data on your credit files as this could also have serious implications....you could have a seriously large claim !! If you have rock solid proof then you should be throwing the book at them !!

[d5xs]

Well have the proof they have asked me to provide which shows there was zero chance I was served personally as they claimed in their sworn affidavit to the court as I no longer live in the UK.

 

I'm sure threre are adverse entries on my credit file, applied for a copy of my file when i was in the UK a few months ago but Experian asked for some extra info which I never got round to providing before I left the UK.

 

Name was pulished in the London gazette and an entry made against my property title in the land registry so the reference agencies would have picked it up.

 

I have suffered the consequence because the BR has obviously prevented me getting funding for a new home which had been agreed just before I found out I had been declared Bankrupt.

 

What instructions should I then be giving my solicitor and yet to be instructed Barrister re a possible claim?

 

Thanks

Edited September 22, 2009 by d5xs

[d5xs]

UPDATE ON BR HEARING:

 

 

Hello,

 

Finally had the BR Hearing.

 

As case is still on going so I'm unable to post all the specific details.

 

To the details;

 

I represented myself at the hearing. Confusion with my firm of solictors meant Barrister option was not explored.

 

I arrived at the court and before we went in to see the Registrar at the BR Court who was handling the hearing, the petitioning solicitor asked for my passport proof which showed I was out of the country at the time they I was personaly served the BR petition.

 

Showed it to her, she excused herself and went to call the solicitors to the council. She then came back and told me that they would not be opposing my annulment application.

 

We we're called in and she told the Registrar that she had seen my proof and would not be opposing the application to annull. She therefore conceeded that I was not served with the BR petition but said she was not in a positon to conceed to the the fact that I was also not served the earlier Stat Demand as was claimed by them.

 

Upon reading the evidence the court ruled that the BR order OUGHT NOT TO HAVE BEEN MADE AND IS HEREBY ANNULLED.

 

ORDERS OF THE COURT;

 

Petitioning creditor to pay the costs of the OR and Trustee in BR,

 

Vacate land registry entry against my house in London upon application to be made by me..

 

Petitioning creditor to pay the debtors costs of the application. I Have been ask to write in summarising my costs ie legal and I told them that I have also had to fly in from abroad specifically to attend the Annulmet hearing.

 

Petiton has however been restored to court list in 28days time.

 

I called the pettioning solicitor directly to find out what they intend to do and they say they will get back to me this week but person I spoke to does not believe they will be proceeding with restoring the application, I await confirmation.

 

Wooo HAAAAAA. Result. A MASSIVE thank you to everyone who has followed my case and cant express how grateful I am to all those who took time out to offer advice and encouragement. Couldn't have done it without the resources I found on the site.

 

Thank you to the following contributors, 42man, Palomino, reallymadwoman, gizmo111, rory32. 42man reading through your BR thread inspired me to fight this case.

 

Look forward to any further comments as the case is still not quite over and advice appreciated on how to approach issue of my costs which still need to be addressed.

[toddle2u]

Excellent result. Well done and congratulations. Let's hope this is the end of it for you

[d5xs]

Thanks for tha toddle2u. Will update after I hear from Petitioning solicitor.

[d5xs]

I've now spoken to the petitioning solicitors.

 

They have just told me they will be going for a dismissal of the petition, however the council has asked them to start proceedings to get a charging order on my property if the debt remains unpaid.

 

Questions:

 

1- Some of the council tax liability is owed by the current tenant, do I just begin negotiations with the council/lawyer to pay back my debt and have them contact the tenant for his liability?

 

2- Apart from paying my costs is the petitioning creditor liable for any damages for the hell they've put me through in the last 12months?

 

Thanks

[spamheed]

I've now spoken to the petitioning solicitors.

 

They have just told me they will be going for a dismissal of the petition, however the council has asked them to start proceedings to get a charging order on my property if the debt remains unpaid. This sounds a little offhand for someone in their position, perhaps you they would want to draw their attention to the likelihood of being sued for various breaches and then also consider the option of you paying off their debts with the compensation you will be claiming for their actions

 

Questions:

 

1- Some of the council tax liability is owed by the current tenant, do I just begin negotiations with the council/lawyer to pay back my debt and have them contact the tenant for his liability? Yes - that simple

 

2- Apart from paying my costs is the petitioning creditor liable for any damages for the hell they've put me through in the last 12months? I should bloody well think so and would suggest you contacting a decent solicitor in the first instance to consider your options, and then get on with making complaints to anyone who will listen OFT, Trading Standards, FSA ICO et al and etc

 

Thanks

 

 

You may wish to check the state o0f your credit file and then go after some guilty people

[42man]

If they are going to dismiss the petition then that is also good as it means you won't have to fight the BR at petition stage. Do you have this in writing from them ? If not then keep a heads up. As you would normally need to supply an affadavit and witness statements on a BR set aside form, this would need to be in the court and with the opposing solicitor at least 7 days before the hearing....

[d5xs]

Hi 42man.

 

No I dont have it in writing from them. Will ask them to do so.

 

What would normally happen in terms of costs as the BR petition has been restored for hearing? But from what the petitioning creditor's solicitors are telling me when the hearing comes up they will inform the court that they would like to dismiss the petition.

 

Thanks

[42man]

My feeling is that you will pay your own costs, and they will foot their own costs......as they have agreed to not fight the set aside of the petition, this is probably a 'reasonable' thing for each party to do. You DO need what they have said in writing though....if you talk to them on the phone and you are able to then record the calls, you really don't want this biting you on the backside if they don't keep their word......

 

You could of course state to them that you will be submitting form 6.19 to the courts along with witness statements, an affadavit and your costs and a request for an indemnity award to yourself to be made. And you could also ask the judge for a bankruptcy restraining order on them too (especially so if there were dodgy goings on, on the service of the petition in the first place !!!)

 

They will already have to fork out your costs and the OR's costs, I can't see them wanting to have any more against themselves !!!

Edited October 29, 2009 by 42man
typo

[d5xs]

Great advice.

 

All helping me as I make my notes on steps to take get to ensure a favorable outcome at the restored hearing.

 

CHEERS