Bankruptcy Petition - Aktiv Kapital - I need some advice please

[badbanksters]

I am going to be served shortly (within a week) with a bankruptcy petition from Aktiv Kapital for fees arising from an Appeal Court case from a Set Aside Application hearing.

 

History

 

In 2012 I received a Statutory Demand ("SD") from Aktiv, I applied to Set Aside.

 

Aktiv responded by Witness Statement and represented a copy of the signed application form and a set of 2007 T & C's (account was MBNA credit card taken out in 2002) exhibited by Aktiv as a true copy of the 2002 original agreement.

 

At initial set aside court hearing I made representations that the T & C's were not a true copy of the original, but the Judge made a judgment that Aktiv's represented application form and T & C's were the documents making the original contract a valid one!

 

I appealed that decision of that court, and again failed at the Appeal court, and fees were awarded to Aktiv.

 

Aktiv issued a bankruptcy petition against me for the outstanding balance of the SD, of which I inadvertently paid to stop bankruptcy.

 

I issued a claim against Aktiv of unlawful enforcement of the agreement, the Judge being presented with many corroborative facts showing the T & C documents were false, and Aktiv had engaged Fraud, struck out my claim as I had not used the word fraud in my Particulars of Claim ("PoC") (only in my Witness Statement and skeleton argument), but had only alleged unlawful enforcement in the PoC, and he also stated the claim was without merit.

 

Aktiv issued a SD for the fees awarded at the Appeal hearing, I applied to set those fees aside as they were founded solely on the false documents (T & C's) represented by Aktiv as the original, of which Aktiv admitted in their Witness Statement for this case that, "it now transpires that the T & C's were not those at time of inception."

 

The Judge of this case (application to set aside) again struck out my application, and without merit, also afterwards immediately made an application to the Designated Civil Judge to have a Civil Restraint Order against me. I now have an Extended Civil Restraint order against me! From two without merits cases, which I had evidenced Aktiv's represented T & C's were false!

 

I made a formal complaint to the Police alleging Fraud, Perjury and Perverting the Course of Justice on Aktiv's part, as they had made conflicting statements within their Witness Statements regarding their representation of the T & C's, their admissions, misleading of the court and their gains against me to my detriment, the Police wrote me a two page letter of reasons why they refuse to investigate.

 

 

Request

 

Given that two judges on three separate occasions have been given information which evidences beyond reasonable doubt (only need balance of probability in civil court) that the represented documents exhibited by Aktiv were false, and they engaged Fraud, but did not listen, the Police will not investigate, what then can I do about the Bankruptcy petition, as I do not have the money to pay for the petition?

 

Aktiv's bankruptcy petition is founded on the fees arising from the Appeal hearing from the original set aside hearing where Aktiv misled the court into believing the represented T & C's were a true copy of the 2002 set when they were a 2007 set.

 

Any help, advice or suggestions would be appreciated, thank you very much.

[dx100uk]

sorry but this is why it so silly to goto court on a paperwork issue.

what forum told you to do that?

 

was the card yours?

 

did you use it?

 

have you looked at PENALTY charges & PPI.

 

we need to get you out of this mess

[badbanksters]

dx100uk

 

Thanks for the reply,

regarding the paperwork issue,

no forum gave me advice it was unfortunately my own decision,

 

I thought I was on a winner because technically Aktiv were still in default of Section 78 of CCA 1874 and thus 61,

and by virtue of 127 the court should not have been able to enforce the agreement, well that was the thought.

 

Yes it was my card, and I did use it,

 

I did not take out PPI and over the life of the card, 2002 to 2010 there was only 4 or 5 penalty charges.

 

I have found the courts have taken side with Aktiv's barrister each time, even when the evidence against them is clear!

[citizenB]

Do you have other debts of greater priority

 

A mortgage

Secured loans ?

 

If so, those will be paid first - so is there any chance that by making you bankrupt, AK might not get paid anyway ?

[badbanksters]

yes lots of mortgages, I doubt very much Aktiv will get anything once the mortgage providers have created huge costs etc.!

[citizenB]

You might find they are open to some dialogue regarding a payment arrangement then.

[badbanksters]

Thank you that is a point worth considering

[citizenB]