Denied access to court papers

[hayvender]

I have been made bankrupt in my absence,having never had an SD,Petition,or declaration of bankruptcy served.

Having discovered my status,due to a bank account being frozen,& being unable make a payment, I read a few "Bankrupt " tales on CAG where people had'nt been served & they suggested a starting point would be to go to the court where you were declared bankrupt & ask to see ALL the court papers relating to your case as the "litigant in person.

I did this & the clerk said she couldnt let me see them without permission from a Judge, I wrote a note outlining my request, & was told it would be given to him when the opportunity arose.

I called back to the court later the same day, to be told I could not see them & the matter would be dealt with later this month when I must attend court over the frozen bank account.

How do I proceed to put together an application for anullment on proceedural grounds without these papers (or copies) & is it possible for me to insist on seeing them. How do I gain access to the papers

[Wintry]

Hi

 

Just a guide from me on what can be a complex area

 

Information here that may help

 

Insolvency Service booklet

 

http://www.justicegoddard.co.uk/site/jg/uploads/another/canmybankruptcybecancelled.pdf

 

IS Technical Manual

 

http://www.insolvencydirect.bis.gov.uk/freedomofinformation/technical/technicalmanual/Ch1-12/Chapter6A/Intro.htm#$34134

 

Seek professional advice ASAP

 

Depending on your full circumstances it may be best to seek immediate professional advice.

 

If you go to an IP or any other professional best check any potential charges & fees

 

Like I say just an information guide from me, your decisions at the end of the day

 

Best Wishes

Edited March 16, 2013 by Wintry

[hayvender]

Thanks, will read those. Concerning Insolvency practitioners 1) Ive been declared bankrupt, so no funds at the moment for legal or living expenses,although there is a hearing coming up soon which will hopefully remedy that. &2) I've spoken to a few, but all suggest the 3rd party funds to pay off all debts/costs, without even examining the paperwork so I dont feel inclined to trust that they have my best interests at heart.

[Wintry]

Thanks, will read those. Concerning Insolvency practitioners 1) Ive been declared bankrupt, so no funds at the moment for legal or living expenses,although there is a hearing coming up soon which will hopefully remedy that. &2) I've spoken to a few, but all suggest the 3rd party funds to pay off all debts/costs, without even examining the paperwork so I dont feel inclined to trust that they have my best interests at heart.

 

Hi

 

You are welcome

 

You may have already looked at this but if not it may be useful to check out and understand the procedure.

 

BIS / IS - Making someone bankrupt

http://www.bis.gov.uk/insolvency/personal-insolvency/making-someone-bankrupt

 

Best wishes

[hayvender]

Thanks again wintry very useful info.

[hayvender]

Anyone any ideas concerning getting to see the court papers for the case I was made bankrupt in ?

Also anyone know any insolvency practitioners prepared to fight your case, they all just seem interested in "payment in full" anulments, which appears to be a very expensive (for me) paper swapping exercise.

[hayvender]

Is a "Statement of proof" the same as an "Affidavit" for the purpose of applying for & verifiying an order for substituted service.