Recently managed to get an an Adjournment of a Bankruptcy Petition but need to prepare for my next hearing. The judge mentioned Abuse of Procedure Law Lords Part 7 and referenced a particular case to consider for the next hearing, she mentioned 'Durant' or the likes, but I can not find details of this case anywhere. It is possible I have not written the name down correctly. But basically between being harassed by Arrow while suffering depression, husband having major heart surgery and off ill for months and Arrow refusing part payments. I believe she said that by taking such a small sum through the Bankruptcy Courts rather than doing a CCJ was the key reason. A sledgehammer to crack a nut as such! Any help appreciated, Many thanks

LTSB and their solictors! I will certainly be insisting on a breakdown - despite their insistance that they do not need to provide one.

LTSB have a suspended Possession Order against our home (all monies charge on failed business). Our mortgage provider has allowed us to borrow to clear monies owed but where shocked to find they have added £3,977 in charges. We have asked for a breakdown from their solictor and the response was this is the 'normal amount' and refused to provide a breakdown. Any thoughts?

I recently posted about our hearing for Possession, and at the hearing I understood we got a Suspended Possesion Order for three months. We are in receipt of the court paperwork and I can not see the word "Suspended" anywhere on it. It appears to be a Order for Possession by the 5th August. From what we where told by the CAB Barrister we would have to return to court before LTSB could take any further action against us but the paperwork seems to infer that no futher hearing would be necessary. Also can anyone advise will an Order for Possesion be on a credit file? Thanks

We have some work to do in the next three months! but it is the breathing space we needed! But is a relief!

We have some work to do in the next three months! but it is the breathing space we needed! But is a relief!

Hi All The judge was scathing that LTSB were taking such an action when so little was owed, and so much has been paid, and there was so much equity in the home. As it was an 'all monies charge' the seems the judges hands were tied but using Habib -V- Tailor [1982] the judge ordered a suspended possession order for three months along with a money order. This should give us room to move things forward. At court a Barrister from CAB offered to come in with us and put forward our case - which was very useful. We really appreciate the assistance and support we have received here, and to Ell-enn a big thank you for helping us with our statement. Now for the next chapter!

Hi All The judge was scathing that LTSB were taking such an action when so little was owed, and so much has been paid, and there was so much equity in the home. As it was an 'all monies charge' the seems the judges hands were tied but using Habib -V- Tailor [1982] the judge ordered a suspended possession order for three months along with a money order. This should give us room to move things forward. At court a Barrister from CAB offered to come in with us and put forward our case - which was very useful. We really appreciate the assistance and support we have received here, and to Ell-enn a big thank you for helping us with our statement. Now for the next chapter!

Trying not to be too nervours about our hearing tomorrow. It is always daunting going to court. Thanks to fanstastic support and advice from Ell-enn and others. We really appreciate all the input and support!

Trying not to be too nervours about our hearing tomorrow. It is always daunting going to court. Thanks to fanstastic support and advice from Ell-enn and others. We really appreciate all the input and support!

He Ell-enn Thank you for your response and offer of assistance, it is very much appreciated. I am going to get a letter to the court today explaining illness and that we will have the paperwork to them late next week, I will send a copy to the solictors as well. I have had a quick look at the Defence form and it seems reasonably straightforward (could be famous last word!!). If it works with you we will fill it out as soon as we are feeling a bit better and forward you a copy for you to look over. I can put together a statetment for section 27 and forward that as well. I think the worst thing about pluersisy is my ribs are killing me, and I am not getting a great nights sleep, so I look (and feel) as if I have aged 40 years in a few days . Trying not to get too distressed about this - I feel we have taken responsibility for our financial messes, we have worked hard to clear such large debts in three years - and we are going to be even happier when we are debt free later this year! Thanks again!

He Ell-enn Thank you for your response and offer of assistance, it is very much appreciated. I am going to get a letter to the court today explaining illness and that we will have the paperwork to them late next week, I will send a copy to the solictors as well. I have had a quick look at the Defence form and it seems reasonably straightforward (could be famous last word!!). If it works with you we will fill it out as soon as we are feeling a bit better and forward you a copy for you to look over. I can put together a statetment for section 27 and forward that as well. I think the worst thing about pluersisy is my ribs are killing me, and I am not getting a great nights sleep, so I look (and feel) as if I have aged 40 years in a few days . Trying not to get too distressed about this - I feel we have taken responsibility for our financial messes, we have worked hard to clear such large debts in three years - and we are going to be even happier when we are debt free later this year! Thanks again!

Hi Wino Thank you for your reply, we really appreciate how helpful everyone is! The company never put our agreement in writing (and in hind sight I can see this is not ideal) but the fact that they have received these lump sum payments and not chased in between might show that they did agree to it. There are letters from them that show there agreement although they do not state in black and white the finer details. The letter from the solictors regarding them chasing our parents acknowledge in writing that they did have this informal agreement with us, so again this might be sufficent proof, or certainly calls in to question their assertions. We did look at taking legal action against the US company - but with been left high and dry with the debts the additional costs would be too much. We did try and work with this company to sort it out, but a multi million pound business can afford legal resources that we could not. In the end up we had to take a pragmatic rather than an emotional decision and sort our mess out, keep ourselves sain and move on. We have learnt a lot, It did effect us badly for a long time after, but as a family we are together and stronger...and can live on very little and still enjoy our lives. Cheers

Hi Wino Thank you for your reply, we really appreciate how helpful everyone is! The company never put our agreement in writing (and in hind sight I can see this is not ideal) but the fact that they have received these lump sum payments and not chased in between might show that they did agree to it. There are letters from them that show there agreement although they do not state in black and white the finer details. The letter from the solictors regarding them chasing our parents acknowledge in writing that they did have this informal agreement with us, so again this might be sufficent proof, or certainly calls in to question their assertions. We did look at taking legal action against the US company - but with been left high and dry with the debts the additional costs would be too much. We did try and work with this company to sort it out, but a multi million pound business can afford legal resources that we could not. In the end up we had to take a pragmatic rather than an emotional decision and sort our mess out, keep ourselves sain and move on. We have learnt a lot, It did effect us badly for a long time after, but as a family we are together and stronger...and can live on very little and still enjoy our lives. Cheers

Hi Bona The hearing is for the 7th May 2008. The monies borrowed were for a business we ran that went belly up after the US company we had a franchise with pull all international franchises without notice. The business loan was secured on our home, and in 2006 they approached us to make repayment. The sum owed in 2006 was £65K. They were looking for us to pay £750 pcm but with we negoitated we would make lump sum payments and clear it quicker and paid £43K in 2006, £13K 2007 and are on course to clear the balance of around £13K July this year. If we had met their demands for £750 pcm we would have taken ten years to clear the loan, the route we agreed with them (because we have irregular incomes) has meant it will be cleared in 3 years instead! (Maybe they are peeved because they will earn less interest from us ) We have in the last three years got ourselves we have worked hard to get ourselves out of debt (as there were many unsecured debts as well) and will be debt free (apart from our mortgage July this year). The company have acknowledged that they had an informal arrangement with us but now they want all the money now rather than July 2008. We can not clear it before then, and feel they are been unreasonable and have gone back on their word. We feel we have a pretty good case to build, as we have stuck to our agreement and are on track to repay all sums shortly. We are not in a position to do it sooner, as income does not come in before July to enable us to clear this and all our other debts. I feel this company has harrassed us - with sending surveyors to value our property without notification, send communications to our elderly parents chasing £30K from them (when only £13K is owed) when they promised not to use the guarantee with our parents as our mother has a very serious heart condition and was hospitalised when the first chased in 2006. I have pluersisy at the moment and am on antibotics but it has worn me out and would like to see if completing an Acknowledgement of Service can be used to give us an extra seven days. Many thanks!