Bankruptcy Petition

[Goldlady]

This was the letter after they had got the judgement when they were trying to tell you it would cost you £46k if you fought them. B*stards.

 

The bits of law I quoted many posts ago give you the right to this money IMO.

[Goldlady]

What was the difference in the selling prices of the house from start to finish? Were they trying to say she sold at an undervalue? But she was solvent then:confused:

[roystc]

She paid £62500 and sold it for £92500 but had put the mortgage was £55000 cos she put all her money into the deposit hence me helping furnish etc

[roystc]

She says she was solvent and had £10000 cash in the bank after transfering the money over but they wouldn't give her the details and still haven't released if she was or not.

[Goldlady]

So it was hardly sold at an undervalue was it??? How many years?

[roystc]

Bought when I got with her 2001 sold begining of 2003

[roystc]

No sold through an estate agent they valued it we were made up and it was all done through solicitors we didn't try and hide nothing. And she certainly didn't know she'd go bankrupt 2 years later:-/ and she said that was on bad advice from a friend!

[Goldlady]

I seriously think you should go for a set aside of the CCJ. It has got to be a better option than letting them bankrupt you.

 

The first thing you need to do is download an N244 from here:

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

Edited June 8, 2008 by Goldlady
cr&p link

[roystc]

I will go and see the solicitor tomorrow with your views what should I tell him:-/ I always find that they talk down to you when you go in they intimidate me with things I dont know about

[Goldlady]

Hmmm - I can't understand why the solicitor didn't suggest this course of action in the first place, so he might not be very amenable to some 'bod' on the internet telling him how to do his job;). There may be reasons why they decided not to follow this course of action that I don't know about, but I would suggest that you do tell him what has been discussed and see what he says. (Unless he comes up with a bl**dy good reason not to go for the set aside i would do it anyway:D)

[roystc]

I'll take a brave pill and go down with the points that have been brought up and see what he says maybe there is a reason I dont know because I haven't been on top of my game. Thank you for all your help though x;)

[Goldlady]

Best of luck. I take a brave pill every morning - seems to work:D

 

Let us know how you get on. I'm sure you will....

[roystc]

I sure will thank you:D

[roystc]

Hello all I took Goldlady's advice I've been to see the solicitor and he is going to apply for the CCJ to be put to one side on my medical grounds. I have been to see my GP to obtain a medical report he said will be Wednesday I hope it works or buys me some time:-/ My solicitor still thinks they will win in Court because I cant show reciepts from 2001-2003. The ex girlfriend will make an statement to say the money was owed. I have given my solicitor my bank statements for that period showing at least £20000 going out of my current account in larger ammounts over £500-£4000 but he said they'll say you spent it elsewhere:-( Is it up to them to prove I didn't spend it or up to me to show I did? And I cant:-( No receipts just her word.

[Gingerheid]

I strongly think that as well as asking for set aside (which I'm afraid I don't think you have a chance of getting), you should ask for the payment terms to be changed to something you can afford rather than all at once. That way they can't bankrupt you unless you fall behind on those payments.

 

@ Goldlady - they aren't saying that the sale of the house was a transaction at an undervalue, they are saying that giving roystc a share of the proceeds of the sale of a house that wasn't his was a transaction an an undervalue.

 

However, even if Roystc can prove he was owed the money (which he can't) they would just say it was a preferential payment, and still ask for the money.

 

The only way to fight the substance of the claim is to say that ex was solvent after the transaction - ie that ex had debts of no more than £10k after she paid off Roystc.

[roystc]

I will ask for that also thanks. I cant believe they expect you to keep any form of receipt from 5-6 years ago:-/ Thats a hard lesson learnt I suppose. The ex is convinced that she did not owe more than 10k and had that in the bank but they wont disclose that. My solicitor was of the thought it did not matter if she was or not.

[Gingerheid]

It very much matters whether she was solvent or not, as there can't be either a preference or a transaction at an undervalue without insolvency.

 

You could ask them to disclose the evidence that she was insolvent.

 

Alternatively, if it was mainly loans and HP agreements rather than credit cards, it might be possible to work out of from an experian report if she got one, as long as we aren't talking about going back more than 6 years.

[roystc]

It was 2003 I think but is worth a look I reckon. They are very reluctant to reveal anything, I'm thinking thats why they made me the offer of take £27500 or go to court and get £46600 with court costs. They are evil these people I've worked all my life to better myself until falling to ill health and they want to take everything from me for something I haven't done. The law stinks I say;-)

[Docman]

Hi Roystc

 

I've checked out a couple of points. I think the best course is claiming you had an equitable interest in the house. As you didn't put down the deposit, then you have to show that the house was your main residence ie you moved in with your ex and operated as a'family'. Things like paying the council tax, utility bills,etc or being on the electoral roll.

 

If however, you were just staying over, say at the week end, you won't have a strong case and will have to rely on proving your ex was solvent at the time of the sale. One way would be to have a look at her 'statement of affairs' or list of debts. She would have had to complete one at the time she went bankrupt and should have stated when her debts were incurred. If the trustee refuses to supply a full copy (not the summary he sends to creditors), your ex can ask the bankruptcy court to look at the court's file and take a copy from there.

 

Whatever happens, I think you will need some help on the day. If you have the cash, it might be worth getting a barrister involved to speak for you. Could cost a £1000 or so but might be worth the expense. Don't ask the barrister or solicitor to deal with everything. That WILL cost you.

[roystc]

Nice one Docman I did only stay a few nights to be honest but used to go half on the bills with her. It is going to be the Proof of work done in the house new bathroom and kitchen and I furnished it as she had put all her money in the deposit(had to to get a self cert Mortgage) she used to sit on the floor:-/ I got her a car to go to work but its all PROOF! Never thought over 5 years later would be in this mess never heard of it. She is going to ring Equifax to try and get proof from April 2004 to see how much she owed but is convinced she was solvent cos she spent the £10000 she had left to herself off the sale. I asked my solicitor today and he said he's asked Beechcroft and he said he believes they cant prove if she was solvent or not? and wont tell him. He is of the opinion that it dont matter if she was or not. She went bankrupt January 2006 she said on bad advice from a friend:-/ So just hope the CCJ gets put to one side and now I'm getting some money now will get a barrister can afford a few grand but not £13000. Thanks again though.

[Goldlady]

Surely the fact that the house went up in value so much will help your case too. I don't suppose there are before and after photographs anywhere?

[roystc]

Good thinking she might just have cos her little one was a tot then and part of the reason of ripping the bathroom out was 2 tiles fell in the bath with the little one could've been nasty. Does anyone keep reciepts from 6 years ago??? To be honest would've only had reciepts for the materials as I paid the lads doin the jobs seperate Tiler etc I bet you all keep your receipts:rolleyes:

[Goldlady]

Can you not get 'the lads' to help you out here? It would not be an issue with the taxman:D and if they can give statements that you paid them money for the work it would help you a lot. You need to think of every possible piece of evidence you can get to support your case.

[roystc]

I did ask one lad he nearly collapsed at the thought of making a ststement of doin a cash job:-/ He thought then they might start prying into his books. Could have a word again I suppose if it wont affect the tax man:D

[Goldlady]

Seriously it will not have any bearing on his tax affairs in a civil court. Also, he doesn't have to admit it was a cash job - just give you a receipt for the money.