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About crabbingtime

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  1. I have to agree with Debtinfo. Who owned the lease? If the individual owned the lease then in Bankruptcy the OR would more than likely appoint a Trustee from the Private Sector to deal with the disposal of the lease for potentially no consideration. He would more than likely obtain a valuation and demand the sum. If the company owned the lease and was subsequently wound up the OR again would more than likely appoint a Liquidator from the Private Sector to look at the transaction. If a TUV has taken place the Liquidator would more than likely value the lease and make demands for valu
  2. On what grounds did they refuse? You can submit a counter claim for the charges you think you might be entitled and argue this is front of the Court. You never know your luck they may give up on this?!?!?!
  3. Personally I think the solicitor is trying it on. From my experience there are no provisions within the application or a requirement for the debtor (you) to supply this...... I presume this is not included in any documents from the Court?!?!
  4. Was the workman employed by the Council or was he a contractor?
  5. How long prior to the bankruptcy order was the charge registered against the property? Or was the property subject to an interim charging order just prior to the bankruptcy order? Was the charge ratified by the Court just prior or after the bankruptcy order?
  6. Personally I find this strange if a Creditor is willing to give up their security. I would presume the security has been obtained over your property? Is it the original creditor saying this or a debt collector.
  7. Prior to the application for the warrant the Agent acting for BG is bound to serve you with a Notice Under the Human Rights Act. This document is referred to in the application for a warrant. Coupled with this notice should also be confirmation when they intend to apply to the Local Magistrates Court. As previously stated you would be entitled to make representation on hearing the application. If you continue to pay the amount at £100 per month the cannot cut you off anyhow!!!
  8. If the Capquest have not served with Notice or Deed of Assignment they have no grounds to proceed with a Statutory Demand. This alone would be grounds to set the demand aside. It would not prevent them from issuing a further demand when this has been served.
  9. Hi Stu287..... My understanding of a fixed term loan agreement is that you have title to the vehicle. The finance company may have marked is as having an interest but I would argue they do not. I would also ask you whether they submitted a Proof of Debt within the IVA. If they have, was for it for the full amount. If so their security, if they did have any at all, has been surrendered and valued by them. It may be worth arguing the point with HPI.
  10. I am not convinced that CH would change their view given HMRC have already indicated their intention to issue winding up proceedings. In any event in CH did change their view and allow its striking off HMRC could simply, at the time of hearing the petition, ask for the company to be restored to the register and wind it up that way. I am convinced electrica77 has nothing whatsoever to worry about. Unfortunately many people have an opinion of Bankruptcy. As I stated above nothing in life really changes given the position you are in. Good luck with what ever you decide.
  11. The HMRC would continue to object to the striking off of the company. Any creditor can object to its striking off. I am concerned that you believe you would be restricted from working for six years. THIS IS NOT THE CASE! Any bankrupt is entitled to work and earn a living. You would have to keep accounting information that your Trustee may want to keep a check on. Bankruptcy does not have the stigma attached to it these days that were there formally, you would more than likely be discharged in less than 12 months. I can understand your frustrations that you have come this far by re-paying
  12. Personally I think you may have answered your questions already. You state HMRC have opposed the striking off already. HMRC will at some point issue winding up proceedings and the company will be wound up. As far as the corporation tax is concerned that will be it. The liquidator will more than likely look at the way the dividends were taken and if the company did not retain profits then you may be asked to return them. I see the company was a PLC, was the called up share capital paid? From my experience a PLC company has a minimum of 50,000 shares. The liquidator will see this as an asset, th
  13. I think you should issue the claim against both of them. The garage has refunded the money on the vehicle therefore accepting some form of liability. The warranty company offered a part payment of the repairs. Let the court decide who is liable.
  14. Can I ask why the Supervisor of your failed IVA after two years did not petition for your Bankruptcy. Is this the standard condition in an IVA........
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