Thread: Annulment hearing,debt not mine, with proof.

Hi guys,

some help on annulments please, A friend of mine opened a shop and the lease was in a ltd company name. in the first instance he asked me to help him deal with the lease and the amount of the lease so i did.

the landlord did send him a tennancy agreement in his company name and it did get signed and was sent to the creditor, However it was not signed correctly. they then sent other agreements for him to sign but they sent them to the wrong address and also that is where the rent invoices were also sent. the landlord then came out to the said address with more agreements, However when the tennant was to sign them he noticed that they wher for the wrong address and the wrong tennant.

He asked if i would contact the landlord to sort it out so i agreed to help him again. they then sent out yet another agreement in the correct name and for the correct address.

However 2 days later he received a letter telling him that they were taking posetion within 5 days and he should get out, so that is what he did.

they then sent me a letter saying i owed them over £13.000 for rent and electricity, I contacted them and told them as i had before that it was nothing to do with me.

they then issued for bankruptcy against me, this is my fault and you need not tell me but i did not respond and they gained the order. i have done the whole insolvancy meeting thing and they advised i apply for an anullment and i did.

Now this is where it gets tricky because when i attended the court the creditor had submitted a tennancy in my name alone and i had never seen it before.

I then found that most of the debt was for elictricity for the building, but the actual tennent had also received a reminder as he had registured his company with them.

The amount that the creditor is claiming for electricity is £6800

I have been in touch with the energy provider and they have confirmed the the landlord is not liable for the debt and not only that but the outstanding is only About £1500 and they have given this in writing.

So Not onlythat the debt is not mine but even if it had of been they would have been trying to defraud me of more than £5.000

any advice would help, Thanks

LFB

Bump, Big time.

However the hearing was yesterday and in any event, I WON.

The Bankruptcy was annulled and therefore i am no longer Bankrupt.

although i have a lot of knowledge within Civil Law i had never dealt with a Bankruptcy hearing before, but for anybody who does attend an annulment hearing it is just the same as any other county court hearing.

LFB

Cheers HW,

Now this will make you smile, the other side's lawyers tried to submit £9600 costs for 3 lettersand two phone calls, and we thought bailiff's fees were high.

now the other side is in sticky position because they can serve me againe but the judge has told them that if they do not only will the debt itself will be within the Bankruptcy but so will all there fees, this means that they withdraw now and get a few hundred ££ or if they apply again and this time they win they will lose over £25.000.

LFB

I presume the Official Receivers costs have been awarded against them as well

From how i understood it the creditor had already paid a deposit of £400+ and the official reciever asked that they keep the deposit and the judge agreed but that would have left a balence of around £800 and this was not mentioned, so that is a good point-thank you.

LFB

Originally Posted by kiptower

great news LFB so what are they going to pay you for the unlawfull BR they brought tanished your credit rating , the stress etc etc

The way i understand annulment proceedings is that there is no way of a counter claim and therefore i have already put the appelant on notice of legal proceedings for what you say above, and of course fraud because half of the claim was for electicity and they had given within there bundle emails from the supplier before they had started any proceedings that informed them they were not liable therefore Knowingly and wrongfuly instigated proceedings against me that they knew they were not liable for.

LFB