Bankruptcy looming need HELP please!

[lynmal]

Hello all, I have today received a Citation for Summary Application for Bankruptcy - served on me by Sheriff Officers.

I will give you a little background on what has led to this.

I have a lease on shop premises - I have been unable to trade from the shop for approx 2 years due to never ending leaks coming from the landing outside the flats above the shops.

I asked the landlord several times to get someone to repair it - both in person and be letter. Nothing was ever done. Anyway - long story, short, I with held rent - albeit after advising them I was going to do so in writing, this was about eighteen months ago - and eventually last June sent the keys back to them! I heard NOTHING until November 2008 when I got a call from one of the Landlords directors asking what was happening - this surprised me -as I had sent one of his employees (the person responsible for dealing with tennants) several letters about the leaks, the rent etc etc. He said he would look into it - as it was the first he had heard.

He then put a letter through my door - stating that as far as "they" the landlords were concerned there had only been one leak from the washing machine in the house above -This happened - but three years previously! The leaks I was talking about caused mushrooms to grow in the carpets walls and ceiling!

Anyway he stated in the letter that the lease still had another year to run - I was due £3000 rent but I would be due the full term of the lease if I didn't pay immediately. I suggested that as they were in breach of the lease by not making it water tight - I would be willing to pay half (this was in a phone call) He said he would ask his directors - and a couple of days later he came back and said, No, they wouldn't accept half they wanted it all or it would go into the hands of a solicitor. So I said OK see you in court, knowing fine well I could get all sorts of witnesses to the constant leaking.

This is where it gets bonkers. As I said this was in November last year - and today 9 months later I got athis petition for my bancruptcy as I appear to be insolvent "by virtue of Service of a Charge for payment on the 14th May 2009" - Never happened - in fact I wasn't even in this country in May - I was in America!

I have contacted a solicitor today - but frankly she sounds about 12 - and not really bothered" So guys - I have seen your great work here - and wondered if you have any advice for me?

By the way the court date is the 9th of September, and sorry for going on! Talk about being rattled!

[ukaviator]

Hi Lynmal welcome to CAG.

 

I have moved your thread here for more help. I am not too good with Scottish law so hopefully someone will along shortly to assist you.

[lynmal]

Thank You!