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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

hayvender

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Everything posted by hayvender

  1. hayvender
    Thanks 42man sorry for the delay, & yes I would like to take this to the High Court, at the moment I am struggling to find an expert solicitor at ALL so anyone reading this who has found a solicitor who is willing to fight a bankruptcy rather than charge me a fortune for what is little more than a paper swapping exercise with the opponents, please mail me their contact details & I'll give them a call. Yes, my former wife did make a statement of truth detailing the fact that she met the server (who was pretending to be from the council), & he most DEFFINITELY did NOT give her any documents at all. Unfortunately we thought the statement would be enough, as the servers statement was nonsense, he claimed to have personally served me in his statement confirming service (despite having admitted he'd never met me before that day), by handing the documents (non existent ) to my ex wife. this was not the case, the statement was dismissed, as she was not present at the hearing.
  2. hayvender
    Is an application in the High Court the way forward ?This latest judgement was in county court ?
  3. hayvender
    Where do I find one, the only ones I've spoken to only seem interested in paying the other side, and charging me an arm & a leg to swap papers on my behalf. Any & all suggestions welcome I just need to speak to someone who is at least interested in reading the court papers.
  4. hayvender
    I have just been to court to seek an anullment for my bankruptcy on the grounds that the statutory demand was not served.It was claimed it was given to my ex wife at her home (different address),to give to me when I visited which it was not, & supported by a statement of service which was nonsense, & stated that the statement of demand was delivered to me personally. The anullment was rejected on the grounds that the bankrutcy petition was served according to the rules (substituted service), it was posted through the letter box of my house where I had not been living for some time & was considered served. I cited Boggis QC re Awan but the judge rejected it, as not relevant. What can I do now I was not served a Statutory Demand, & the claimed form of service was via a third party,(which did not happen), which I understood to be unsatisfactory, the judge however is of the opinion that, as the petition for bankruptcy was served in accordance with the rules for substituted service, then the lack of service of the statutory demand is of no importance & does not warrant anullment. What can I do about it.
  5. hayvender
    Will check on adjourned hearings etc. when I finally get to see court documents later this week, & will advise ASAP. Have seen the petition & it confirms service of statutory demand handed to ex wife at her current address (not same as mine), she acknowledges meeting the server ( 3rd party service), but was not handed any papers Thanks to everyone for their help, its a stressful situation but at least now I have a game plan.
  6. hayvender
    Thanks again unclebulgaria67
  7. hayvender
    Is it legal for the same solicitors that represented the applicant in a bankruptcy to be the solicitors representing the trustee in bankruptcy of the same bankruptcy.
  8. hayvender
    Thanks unclebulgaria, looks like a very similar case in many respects although my case is with the local council & the documents from the related case I mention above also indicate certain documents I was served by substituted service, again I never recieved them. The substituted service service was supported by a witness statement/statement of truth......is that acceptable or must there be an affidavit ?. Also is first class post sufficient to serve an SD/Petition, or must it be registered, & if it is OK must it be substantiated with a certificate of posting ?, I vaguely remember reading a thread on CAG to the effect that substituted service must be by registered post (1925 property act), and if not complied with TO THE LETTER, then can be challenged under Boggis QC-RE AWAN judgement as not complying with "perfection of service" principles, is this correct ?. There is a document recieved after the bankruptcy that suggests the SD was given to my former wife at another address, which she never recieved & so could not pass on to me. Is this legal to serve an SD to a third party, not withstanding the fact that it was never handed over in the first place.
  9. hayvender
    Is using bankruptcy as a device for debt collection grounds for anulment of a bankruptcy order. I was made bankrupt in my absence & as yet have not been given the opportunity to examine the court case papers. I did not recieve ANY papers concerning the case, but susequent papers recieved , concerning another related case indicate that at the time I was made bankrupt I was solvent, & had I recieved the SD the I would have been in a position to pay the demand, & at the time of the bankruptcy the lawyers representing the claimant,(debt was council tax) knew I had assets far in excess of their claimed amount ,an amount I was unable to verify, as I was unaware of the action against me.
  10. hayvender
    Thank for that, never having been involved in court proceedures before, its very intimidating, & no (that I've found) government agencies explain the practicalities of appearing in court and defending yourself. At least I know whats happening now
  11. hayvender
    Is a "Statement of proof" the same as an "Affidavit" for the purpose of applying for & verifiying an order for substituted service.
  12. hayvender
    Anyone any ideas concerning getting to see the court papers for the case I was made bankrupt in ? Also anyone know any insolvency practitioners prepared to fight your case, they all just seem interested in "payment in full" anulments, which appears to be a very expensive (for me) paper swapping exercise.
  13. hayvender
    Thanks again wintry very useful info.
  14. hayvender
    Thanks, will read those. Concerning Insolvency practitioners 1) Ive been declared bankrupt, so no funds at the moment for legal or living expenses,although there is a hearing coming up soon which will hopefully remedy that. &2) I've spoken to a few, but all suggest the 3rd party funds to pay off all debts/costs, without even examining the paperwork so I dont feel inclined to trust that they have my best interests at heart.
  15. hayvender
    I have been made bankrupt in my absence,having never had an SD,Petition,or declaration of bankruptcy served. Having discovered my status,due to a bank account being frozen,& being unable make a payment, I read a few "Bankrupt " tales on CAG where people had'nt been served & they suggested a starting point would be to go to the court where you were declared bankrupt & ask to see ALL the court papers relating to your case as the "litigant in person. I did this & the clerk said she couldnt let me see them without permission from a Judge, I wrote a note outlining my request, & was told it would be given to him when the opportunity arose. I called back to the court later the same day, to be told I could not see them & the matter would be dealt with later this month when I must attend court over the frozen bank account. How do I proceed to put together an application for anullment on proceedural grounds without these papers (or copies) & is it possible for me to insist on seeing them. How do I gain access to the papers

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