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Everything posted by Johno100

  1. Appears that A & A Group are brokers not insurers. If I was the OP I would first request written confirmation from the insurers of the premium they are charging for the short period of cover. It wouldn't be the first time that an insurer refunds the broker on a pro-rata basis but the broker only passes on the short term calculated figure to the customer. In my view the refund should be on a pro-rata basis.
  2. LOL Well that is conclusive evidence. If you actually have any EVIDENCE then you would do better sending it to The Insolvency Service who can actually do something with it. For Companies who are the subject of insolvency proceedings:- The Insolvency Service Investigations and Enforcement Services 3rd Floor, Cannon House 18 Priory Queensway Birmingham B4 6BX Or for a Company or business that is still trading:- The Insolvency Service Companies Investigation Branch Ground Floor 21 Bloomsbury Street London WC1B 3QW
  3. I'm not clear, you refer to a Court Order and an agreement, did the court make an order for compensation that he / she are not complying with? Or is there some kind of agreement between the parties (brokered by a solicitor?) that this individual is not adhering to? If it is the former then it may be considered a non-provable debt and a court is very unlikely to grant a Bankruptcy Order. It would also serve no purpose because the debt is non-provable you would not be entitled to a dividend. The best advice would be to go back to the court that passed the sentence and see if they are prepared to deal with the individual for his / her failure to comply. If this was some form of none court brokered agreement then of course you could consider bankruptcy. But you need to be mindful of the costs involved and be pretty sure that the individual has assets of value and that you are not one of many creditors. You may just be throwing good money after bad. BTW did you apply to the Criminal Injuries Compensation Authority for an award?
  4. and Sorry if I have missed something in your post / novel but at what stage did you provide 1st Credit Ltd with a copy of the settlement cheque and an extract of your bank statement showing the payment in 2002? Do they acknowledge that you paid that sum? And what is the approximate difference between the amount you paid in 2002 and the amount stated to be outstanding in 2005?
  5. http://www.hotfrog.co.uk/Companies/Els-Exclusive-Lounge-Sofas
  6. From the Exclusive Leather Sofa's thread:-
  7. All very interesting but where's the link between the above Company's and Yes Sofa Specialists in Droitwich and Camp Hill, Birmingham?
  8. Which business are you referring to here, have you got a company number?
  9. Why does Mr. M become Mr. A halfway through your post? You are incorrect when you state:- The Company still exists (same Company number) but just has a different name.
  10. Appoint which people? Your private sector Insolvency Practitioner would have been appointed by the Secretary of State from a rota following an application made by the OR. "Inner establishment":roll: I think I am beginning to get the picture and seeing why the simple realisation of the equity in your property was so costly. Out of interest what year were you made bankrupt?
  11. Well here's how to make a complaint to The Insolvency Service about the bad advice you were given. http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/complaints.pdf Please come back and tell everybody what response you receive.
  12. If you had gone into the OR's office the next day and HMRC were the only creditor for £3,000 (you have not confirmed this) then you would have been advised to get your money together and apply to court for an annulment, all done and dusted in a few weeks. You do realise the OR is an officer of the court and not a commercial enterprise and that until 2009 a scheme operated where the spouse or partner of a bankrupt who’s home was in negative equity could acquire the interest for a nominal £1.00 (plus conveyancing costs)? Perhaps if you had gone to the OR's office you would have found out about this. It's never a good idea to re-fight old battles.
  13. See my reply above. I agree that prior to the changes made in the Enterprise Act 2002 there was too much of an onous on the Bankrupt to be proactive, approach the OR and seek the re-assignment of his/her benefical interest in the property early in the bankruptcy. The OR / Insolvency Service will say that Bankrupts were given leaflets at the making of the order that explained that the beneficial interest would vest in the OR until it is was dealt with and it was therefore the bankrupt's fault they did nothing. I would add that you might be mis-directing your disatisfaction. On the basis your interest in the property was your only asset then your file would have sat on the OR's shelf only occasionally being reviewed until there was sufficient equity to warrant the appointment of an Insolvency Practitioner (your Trustee). His/her job would simply have been to act on what the OR said was the asset that needed realising and realise it.
  14. No, there are a total of 8 authorising bodies:- Institute of Chartered Accountants in England & Wales Professional Standards Office Metropolitan House 321 Avebury Boulevard Milton Keynes MK9 2FZ Tel:01908 248100 Fax: 01908 248088 http://www.icaew.co.uk Insolvency Practitioners Association Head of Regulatory Operations Valiant House 4-10 Heneage Lane London EC3A 5DQ Tel 020 7623 5108 Fax: 020 7623 5127 http://www.ipa.uk.com Association of Chartered Certified Accountants Professional Conduct Department 10 & 11 Lincoln's Inn Fields London WC2A 3BP Tel: 020 7059 5917 Fax: 020 7059 6858 http://www.acca.org.uk Institute of Chartered Accountants of Scotland CA House, 21 Haymarket Yard Edinburgh EH12 5BH Tel: 0131 347 0100 Fax: 0131 347 0105 http://www.icas.org.uk Chartered Accountants Ireland Chartered Accountants Regulatory Board The Linen Hall 32-38 Linen Hall Street Belfast BT2 8BG Tel: 028 9032 1600 Fax: 028 9023 0071 http://www.icai.ie Law Society Education and Policy Unit Solicitors Regulation Authority, Ipsley Court Berrington Close Redditch B98 0TD. Tel: 01926 820082 Fax: 01926 431435 http://www.lawsociety.org.uk Law Society of Scotland The Law Society's Hall 26 Drumsheugh Gardens Edinburgh EH3 7YR Tel: 0131 226 7411 Fax: 0131 225 2934 http://www.lawscot.org.uk Plus the Secretary of State for Business, Innovation and Skills (BIS) Insolvency Practitioner Unit The Insolvency Service 4th Floor Cannon House 18 Priory Queensway Birmingham, B4 6BS
  15. You are a creditor of the Company that is now in Administration. The money owed to you, subject to certain limits, can be claimed from the National Insurance Fund. You need to contact the Administrator and request a form RP1, complete it and return it to the Administrator. you should then get the monies owed in the next 4 to 6 weeks. The second part of your question is irelevant as you were made redundant prior to the Administration and transfer. TUPE may well apply to those transferred over but not you. Of course its discrimination, but if you were in the shoes of the Company and didn't have the money to pay everybody, wouldn't you prioritise those who were remaining with the Company / new Company? You probably could take action but.....errr the Company is in Administration. Yes technically it can, but very very rarely. Neither you nor I know the full story behind the failure of the business, but in your pre-amble you have stated that the Company was owed a lot of money that was going to be paid in the near future, that alone could be a good enough excuse to continue to trade. As the Administration only occurred yesterday, it is unlikely to be on Companies House website yet. I would suggest calling the Company on Monday and asking, but in the meantime I would be writing a letter detailing the monies you are owed, address it to "The Administrator" and put it through the Company's letterbox today or tomorrow. And of course you can contact the Administrator, if you don't you wont be getting any money.
  16. Not a name I have come across but they appear to be a newly established company. This page from their website probably gives you a good idea of what they do. http://www.ascotbrookes.com/services.html As for Welcome Finance they are part of Cattles Plc who are going through a rocky patch at the moment:- http://www.ascotbrookes.com/services.html But if I was in your position and a supposed expert contacted me and referred to a UK Limited or Public Limited company "starting bankruptcy proceedings" I would put the phone down. Only individuals can go bankrupt in this country, limited companies may enter Administration, Liquidation, Receivership (and a few others) but they cannot go bankrupt!
  17. You were given advice in the other thread you started:- http://www.consumeractiongroup.co.uk/forum/showthread.php?286525-stat-demand-from-RBS-please-help&p=3223840&highlight=#post3223840 It maybe of assistance if you told us the outcome of that advice (assuming you acted on it) rather than going over old ground.
  18. It is possible, but if HMRC go down the bankruptcy route any subsequently appointed trustee (as well as the Official Receiver) would look very closely at such a transaction it's timing, the reason for it and may well seek to have it reversed. Anyway, you said the bank have a charge what is that over? Also how much do you owe HMRC? What is it for i.e VAT, PAYE/NIC? And how old is the oldest part of the debt?
  19. Not sure where you and another poster are getting 50% is written off because the ex-husband has been made bankrupt? A mortgage shortfall is a joint and several debt and so the lender can pursue the OP for the amount oustanding, less of course any dividend they received in the bankruptcy proceedings. It is imperative that the OP gets a copy of the mortgage agreement. Given the time that has elapsed since the mortgage was taken out and certain other information the OP has given I think legal advice is essential and finding a solicitor who does not stare blankly back at you when you utter the words "undue influence" and "no indpendent advice was obtained" in the same sentence would be a plus.
  20. How I read it the OP first made their offer to pay Lowell to the Judge when he / she was considering granting the creditors petition for bankruptcy. There is no indication that the OP made this offer to Lowell before it got to court. Assuming there was no representative from Lowell at court then the Judge can only make his / her decision based on the validity of the petition. If we are talking post bankruptcy then Lowell were perfectly correct not to accept the monies as it would be a preference payment to them under The Insolvency Act 1986 that could subsequently be reversed by a Trustee in Bankruptcy. So you probably are right that they could be criticised by the OFT but for the opposite reason. If the OP can raise sufficient monies to pay ALL creditors in full (plus any statutory interest due) as well as the Official Receivers costs (c£1,400) and Lowell's costs (£400 - £1,200) then they should seek an annulment.
  21. Am I missing something? Why has nobody suggested an equity release scheme? The individuals are both of retirement age, have substantial equity in their property and don't wish to move. Seems sensible to release some equity and pay creditors in full.
  22. Ok so it was Hertfordshire Highways and not The Highways Agency who came out to see what you wanted done and approved it. What grounds did Decorum Council give for refusing your application? And was this the planning department of the council?
  23. OP in your original post you refer to applying to The Highways Agency, you do mean The Highway Agency as in an Executive Agency of The Department for Transport or a department in your County Council with a similar name? My reason for asking is you state that the road is relatively minor but The Highways Agency would normally only be responsible for such decisons on major trunk roads.
  24. The payments you made under the agreement, did they come from the Company account or a personal one?
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