Been made bankrupt !!

[Harrassed09]

Hello

 

Much tears and angst here as I too have had Hamptons/Lowell bankrupt me without any notice whatsoever, happened last Tuesday received petition letter yesterday!!!! Dated 25 August, hand delivered

 

Am just writing my list of how to apply for an annulment and therefore a stay of proceedings

 

So utterly devastated, watching here with interest

 

how have you got on???

[42man]

I've moved your post to make a new thread......did you ever see a statutory demand ? am I right in presuming you are in N Ireland ?

[Harrassed09]

No Southern Ireland, but all mail redirected here

 

Tenant at our former PPR received the hand delivered letter on Friday, I have been in the UK (daughter having spinal surgery at bmi) for the past 6 weeks and staying in the next road to our house so had access to all mail 'hand delivered'

 

Completely floored.

 

Have spoken to National Debt Helpline, who were very patient and kind

 

Am currently calculating exactly how much my unsecured creddit cards are and attemptiing to raise money to pay them off

 

They claim that with Hamptons/Lowell it is very difficult to 'prove' they did not post or hand deliver notices/petitions/statutory demands

 

I received a letter stating that they would issue a statutory demand, but no statutory demand was forthcoming

 

Apparently their original petition was dated April 2011 with a court hearing in June 2011, for some reason this was adjourned until 4 October 2011. I honestly didn't receive ANY notices/petitions etc in April or notice to attend court in June 2011 nor to attend in October 2011.

The only letter they sent was 8 June 2011 enclosing the much awaited copy of my application form together with some mismatched terms and conditions, the application was the same sent by Barclaycard previously but they attached different terms and conditions.

 

The application form, imho, is not enforceable and when I wrote to Barclaycard with this information they passed the case on to to a DCA.

 

I would like to ensure that the orde3r is annulled and the safest way, I think, is to pay my unsecured debts and am collating figures and hope to offer them a full and final less than the book value

 

Really caught now, keen to ensure the order is annulled to ensure they do not come after the house, which is all we now have!

 

Have you any advice??

[42man]

If they had failed to hand deliver the statutory demand then the petition should have attached to it an affadavit stating how they had attempted personal service..A judge would only grant postal service if they had made a concerted effort to hand deliver.....if it isn't there then it is an abuse of process.

 

From what you say above it sounds like it was originally in dispute with Barclays and they simply passed it on without any attempt at facing the dispute, this is also grounds to set aside the stat demand and subsequent petition....If you never saw the deamand and or petition then you would have to fill in witness statements saying so....

 

But in any event it should be worth going to the court to get all the paperwork in the files to see what is there. You need to move reasonably quickly though and submit to annul....the official receiver will want to see you too, and if you can at least apply to annul before then....but you really need the paperwork from court first...

[DonkeyB]

Isn’t there a jurisdiction problem here, 42man?

[42man]

Very true, i'm not sure of the implications of this....

[Harrassed09]

Sorry bit thick and not thinking straight

 

How do I get court paperwork?

 

Just printed off form 7.1A preparing to complete it

 

Is this the correct form?

[DonkeyB]

Can we just check – have you been made bankrupt in Eire through the Irish courts or in the UK by a UK court? And by an English company?

 

Call the court and ask for documents relating to the case – you may have to pay a small fee.

 

You need to deal with this urgently – I strongly suggest you find any money you can for some basic legal advice.

[Harrassed09]

I spoke with national debt helpline who were helpful and pointed me to form 7.1A

 

rang other, highly publicised London Solicitors and they have not called back yet

 

I have been bankrupted by a UK company in the UK only

[Harrassed09]

Sorry, any thoughts anyone????

[Harrassed09]

OK, having to return to UK tomorrow evening

 

Am I correct

 

1 Go to court to get copies of court papers - pay fee

2 Ensure what they say/state is correct?

3 Complete (helppppppp) form 7.1A and submit with £70 to Court

4 Do I get F&F from creditors or will they already know my predicament and refuse to drop - none have valid CCA's I believe, hence they have all been silent for 2 - 2 1/2 years

5 I was told that my mortgage is excluded from the unsecured creditors I need to pay to annul the bankruptcy - am I correct?

 

Does anyone have a reputable solicitor who could help me here? If you could pm the number that would be great,

 

Thanks

[Gaston Grimsdyke]

This sounds horrendous. You can get the order annulled on two grounds, being 1. that the order should not have been made and 2. that you have paid all your debts and the cost of the bankruptcy.

 

You need to find out how the court was persuaded that the petition was served upon you. It may be that an order was made for substituted service, e.g. by advertising the petition. That is deemed good service whether you saw the advert or not. If there is some defect in how the petition was served, you have a strong case for getting the order annulled. The other option, i.e. paying off all your creditors, is definitely second best. Now that you are bankrupt, the official receiver is in control of your financial affairs and you cannot negotiate with your unsecured creditors. If there is sufficient equity in your property then your trustee in bankruptcy will sell it to settle your debts. As you state, the mortgage is not included in your bankruptcy as it is a secured debt. You will also have to pay all the costs of the bankruptcy, including petition costs and trustees costs - I doubt you will get much change out of 10K for that.

 

You definitely need legal advice. Contact the Law Society who will give you the names of local solicitors specialising insolvency, or go onto their website (google "find a solicitor").

 

BTW you can be made bankrupt in England if you have been resident in England in the last 3 years.

[postggj]

are we talking a bankrupcy petition or a statutory demand

 

did you ever receive a statutory demand

 

are you a home owner