Bankruptcy Petition

[Gingerheid]

Indeed - it's up to Roystc to show she was solvent after giving him the money. If he can do that, then the rest falls away.

 

I suspect he can't though, even if she was solvent.

[Goldlady]

Oh b*gger I was about to go to bed:D. Someone called Eves, but I have now found a lot more in my notes which I will read tomorrow regarding constructive trusts.

[Docman]

and so to bed for me...

[roystc]

So if I do get this put aside which we think I wont:-/ How can I prove she was solvent if they wont release the details? Is it worth getting an affidavit from her saying she owed me the money and she believe's she was solvent? She has rang Equifax and they cant tell her only how much she went bankrupt for. So it looks like it will fail as I cannot preduce receipts from 6 years ago the best being a statement from a builder saying he did work if he's prepared to? So if I do get back to court could I then ask although I dont believe I owe this money that I am able to pay in instalments rather than make me bankrupt. Why do they want to make me Bankrupt if I'm willing to pay its crazy. Thank you all:)

[Goldlady]

Presumably the OR has her financial records. If you do manage to get the CCJ set aside then there will be another hearing as if you had just received the claim form. I think an affidavit from your ex would help, but wonder if it is possible to demand disclosure of her financial affairs from the OR, as they are presumably the claimant.

[Gingerheid]

So if I do get this put aside which we think I wont:-/ How can I prove she was solvent if they wont release the details?

 

If she remembers what accounts she had then, or can find out from an experian report, she could do DPA requests to the creditors to ask for the balance at that date.

 

Is it worth getting an affidavit from her saying she owed me the money and she believe's she was solvent?

 

If she owed you the money and you prove it, that just makes it a preference rather than a transaction at undervalue. That doesn't really help you much, I don't think. And if she can't prove she was solvent, thinking she was doesn't count for much.

 

She has rang Equifax and they cant tell her only how much she went bankrupt for.

 

They should be able to tell her what accounts she had at the time, so she can find out.

 

So it looks like it will fail as I cannot preduce receipts from 6 years ago the best being a statement from a builder saying he did work if he's prepared to?

 

Again, even if you could, it just makes it a preference rather than a transaction at undervalue.

 

So if I do get back to court could I then ask although I dont believe I owe this money that I am able to pay in instalments

 

I think you have to do it, if you can at all, under the CCJ heading. If you wait until the bankruptcy hearing they will make the order, as you have a debt under the judgement that you were due to pay and haven't.

 

rather than make me bankrupt. Why do they want to make me Bankrupt if I'm willing to pay its crazy. Thank you all:)

 

Basically because a lot of people faced with bankruptcy petitions magically find the money.

[Docman]

Hi Roystc

Are you sure it is a CCJ? If the trustee claims a transfer at undervalue, he makes an application to the bankruptcy court for an order nullifying the transaction. The court has wide powers under the section in the Act. It is likely that the order just simply requires you to repay the money. To that extent it would be the same as a CCJ.

As to why the trustee is going for bankruptcy? I don't know really and whilst I could speculate as to a reason, I don't think it would help.

[roystc]

It just seems crazy that they are saying they cant prove that she was solvent or not and they can get access to anything. What chance have I got if they cant get the information? Or are they just playing a game not releasing it to my solicitor. I cannot magicaly find the money I have done 2 years on half pay and NO pay and have just been taken on my works permenant health scheme of 80% of my salary for the rest of my life if my health doesn't improve. I am waiting to go on disability hence why I'm stuck on here and tv all day. I tried to get a loan but just my luck in todays current lending climate got no chance. I'm being treated worse than a criminal for doing absoloutly nothing and me and my family could be put out of our home of 30 years. My father is 70 and has emphasymia and my mother is in hospital in Manchester having extensive heart tests. Call us unlucky if you like I'm not after a sympathy vote from a judge just pure comon sense! The laws need to change even if its just to be able to get representation to fight these people they know you dont have money and its just a job to them.

[Docman]

It may sound like a daft idea but are there any family members around who could get a mortgage on the house your parents occupy, depending on the price of the house, especially if you agreed to fund the mortgage after a year or so?

[roystc]

I am an only child:-/ dont really think they'll give my mum and dad one:-/ These people are evil I accept someone elses debt and they want to make me bankrupt not take payments. My solicitor said all along they would go for bankruptcy as they are a team of solicitors and get paid anyway. Dont really understand that but he said they make money no matter what.

[Docman]

I am an only child:-/ dont really think they'll give my mum and dad one:-/ These people are evil I accept someone elses debt and they want to make me bankrupt not take payments. My solicitor said all along they would go for bankruptcy as they are a team of solicitors and get paid anyway. Dont really understand that but he said they make money no matter what.

 

OK, I'll think of something else. Any good friends who might buy the house and let your parents remain?

[Gingerheid]

Hi Roystc

 

Are you sure it is a CCJ? If the trustee ...

There is definitely a CCJ. It seems Roystc has accepted that the transaction was voidable in order to avoid the expense of a court hearing on this point, and that the Trustee has subsequently obtained a CCJ on that back of that.

 

They are now going for bankruptcy on the bank of the CCJ not being satisfied.

[roystc]

Not that good;-) and where do ya get a mortgage these days? I spoke to the mortgage lender the other day about it. He said he knows people wh have dropped there houses £40K and still cant sell because no one is lending. This country is absolutly going to the dogs when normal people get persued like this. Thanks to you all Ging, Doc,Goldlady;-) They cant kill me and what dont kill ya makes you stronger! Would love to get hold of the person who said that;-)

[roystc]

I have today given my solicitor a medical report to try and have the CCJ to one side but after reading dont think they'll put it to one side. And even if they do I think all I'll do is loose end up with £46600 with the costs but I haven't got £27500 never mind £46600 so all I'll get is to put my side accross and be humiliated by a judge. I know I wont win all I want them to do is speak to the financial management company:-/

[roystc]

I asked my solicitor about getting the CCJ changed to something I can afford but he said they wont accept that and will go to court. They are so unreasonable its beyond belief.

[roystc]

Had letter off solicitor today he thinks we have very little chance of winning this case they've got me all ways. Is there any leagal way I can make them accept a payment rather than make me bankrupt? I signed believing I could pay in installments not raise £27500 who has got that sort of money?

[roystc]

Is it worth trying to get this put to one side or just attend the bankruptcy hearing and hope for the best:-( Had a word with one of the lads that did work on her house he said he would reluctantly make a statement but cant produce receipts which is a bit pointless. Seems pointless asking to get this put aside with no chance of winning. Or is it worth it to ask for a change in how it is paid rather than in one lump sum.

[Goldlady]

roystc what exactly did the solicitor say? is he still going for a set aside of the CCJ?

[Gingerheid]

Is there any leagal way I can make them accept a payment rather than make me bankrupt? I signed believing I could pay in installments not raise £27500 who has got that sort of money?

 

 

The only possible way I can think of, as I said before, is to go to court to get the CCJ terms varied to payments in installments rather than forthwith.

 

I don't know if that works after a Stat Demand has been served though - perhaps you could ask your lawyer if he thinks you could win this.

[roystc]

He said he confirms that he will make an application to have the judgement set aside with request that the hearing in relation to the bankruptcy be ajourned till such time that the applicationis heard. He goes on to say, However I think you must give strong consideration to reconsidering your position regarding applying to have the judgement set aside. He said Councel said my case was weak and would almost certainly loose at trial with the lack of evidence. He said I will have to pay the applicants legal fee's of £6500 +vat so expect £46600.

[Goldlady]

Well what is another few grand at the end of the day? You are damned if you do and damned if you don't. Of course if you are made bankrupt who is going to pay his fees? Or if you pay him in advance does that make him a preferential creditor:rolleyes:.

 

Keep those boxing gloves ready, and keep taking the strength pills.

[roystc]

The ex has been trying to find out how much she owed but is having great difficulty getting anything back but has wrote letters asking as they wont do it over the phone. Surely they should have to show she was insolvent or is that to keep me guessing gambling on going to court. The letter said it had to be settled on a forthwith basis as that was the grounds the applicant would settle for such a reduced sum:-/

[roystc]

Will do, will see if I can get it put off and see if I can prove she was solvent. Looks like they wont take payments though so wondering if a judge might make them with my problems? They all seem to be in the same club though

[Goldlady]

No there are some bl88dy good judges out there - met one yesterday:D

 

Whatever it takes to prove she was solvent and how ever many people you can get as witnesses to the work you paid for/did in the house (friends even) will help.

[roystc]

How do you get someone to be a witness do they go and make a statement to my solicitor??? A few saw the house and knew the problems I got sorted there.