arrow global has made me bankrupt

[angiek]

hi all my name is angiek,

had a credit card from capital one in 2001 and fell ill and lost my job 3 years ago and i am now slightly disabled, which left me with a debit with this company for 1023.47p

not heard anything from this company from 2007 had a letter arrive on the 13th of october saying i was bankrupt and on the 6th of october they took me to court ,after talking to the insovency service they said that arrow globel hand deliverd me a partition for bankruptcy on the 6th of august which was not handed to me as i was staying with my mother in hastings as i just lost my dad in june . i have a house a joint morgage with my husband and 100000 of equity .. can any one help me please

thanks

angiek:(

[postggj]

Well I Would Demand Proof Of Service

 

Where Is Your Signature Or The Process Servrs Signature To Start With

 

Have You Been Made Bankrupt Or In The Legal Stage

 

You Mention The Insolvency Service

 

have You Been In A Court Room And The Judge Award Bankrupcy

[angiek]

hi there first time on any forum

it went to court on the 6th of october and me not showing up in court not knowing what the court date was.

because arrow globel surposidly handed me a partition for bankruptcy a month before that i never got and never signed for any letters. the court ordered me bankrupt,

i am going to find a solicitor tomorrow and get an annilment on the grounds that the bankruptcy should not of been made because the proper steps were not taken

thanks

angiek

[DonkeyB]

You also need to submit a subject access request to the original creditor to see if there are unfair charges on the account. These may well take the balance below £750 which would mean bankruptcy is not an option for them. It's also worth asking for a copy of the CCA within your SAR. It costs £10 - see the templates section for the letter.

[angiek]

hi all just come back from the solicitors and they are telling me that they cant help me the best thing for me to do is contact the court and get hold of the trustie of bankruptcy and discharge the debit.

 

well i dont know who the trustie is and they have not been in contact with me yet ,

i have spoke to arrow globel and told them that my husband is going to pay the debt off and they wont let me pay yet as the trustie will be apointed.

 

this is giving me a bad headache just want it sorted out and dont want to losse my house over it all

 

can any one help me please

 

thanks

angiek

[postggj]

i would demand from arrow how the statutory demand was served

copy of signatures

who was the process server

 

etc

[Docman]

Hi angiek

 

This is serious and I think the solicitor is wrong. A good solicitor should be able to help but they tell you to go away because they want paying - and you can't if you are bankrupt.

 

You need to fight this all the way. The chances are that AG can't prove the debt, or that they own it or that they served the bankruptcy papers properly. This bankruptcy order can be rescinded but it will take some work. If you don't the trustee in bankruptcy will sell your assets (and that possibly includes your share of your house to pay ALL your debts and the costs of the bankruptcy - and they can be another 30 -35% on top of all your debts.

 

Don't bother with advice suggesting sending a SAR under the Data Protection Act or even writing to Arrow for a copy of the credit agreement. It is far to late for that now. You may need them later but you will have to sort out the bankruptcy first. Have you been to see the Official Receiver yet or filed in a questionaire?

[palomino]

Also, tell your husband he must stop offering payments to Global - or to any other of your creditors. These debts are now included in your bankruptcy and must now be dealt with by the Official Receiver.

 

In any case, if there are funds available [big if], then the OR must pay out creditors pro rata. Your husband paying off one of your creditors separately will probably complicate matters enormously in that one creditor is being paid off preferentially at the expense of the others. In this respect at least Global is acting correctly.

 

Do you have assets of any sort? Shared house maybe?

If you have no assets then Global will have made you bankrupt to no purpose. It will have cost them a lot of money to petition for your bankruptcy and they will want that paid, and this is on top of any existing debt to them. If there are insufficient funds available then the creditors are short paid. Bear in mind that a house with a large mortgage may be in negative equity and as such is not an asset.

 

If you do have assets of any sort then the OR will want to know all about them with a view to realising their value in order to repay the creditors.

 

Do you have other creditors? Unsecured debts to these people are also included in your bankruptcy and now 'belong' to the Official Receiver. You must not pay them yourself. Note that monthly utility bills and suchlike don't fall into this category and you must continue to pay them as normal.

 

Can you post some more details about your circumstances - assets and other debts particularly?

Edited December 13, 2009 by palomino
Added info

[angiek]

The only creditor we have is Arrow Global for the amount of £1023 we have had the interview with the official receiver and filled in the questionnaire

 

The only asset I own is half of the property with my husband my share is worth around £50k.

 

I want to try for annulment based on the grounds that the incorrect procedures were not followed, the letter of partition for banruptcy order I never received let alone signed for, therefore I never knew i was to be in court on the 6th of october untill the bankruptcy order was served and it was too late. Am I able to do this and is there a way I can get hold of a solicitor to help me that wont cost me the earth?

 

From reading the literature on all of this it states that I need to make an affidavit verified by a statement of truth saying why the bankruptcy order should not of been made (the reason above)

 

Any ideas on this?

 

Thanks

 

Angie

[palomino]

It appears that your plan to have the bankruptcy annulled is the best option. Have you discussed this course of action with the Trustee?

 

The sworn affidavit is of course necessary. I've never been through the annulment process so I'm not familiar with the procedures. Have you looked through Government's Insolvency website? There's a lot of information there and it may take some time to trawl through it all.

 

This is the address of the Tecnical Manual on the Insolvency website. The part you will need to examine is Chapter 6. Technical Manual Contents