urgent help needed with defending against bankruptcy

[donein]

Hello

 

please can anyone give me some advice on defending against bankruptcy.

 

Served with notice at the weekend informing me of court date next week.

 

However, I only have 7 days to submit defence.

 

Rang solcitors and cannot get appointment until Thursday at earliest.

 

original petition served back in 2006. I was scared and made an offer. This was refused.

 

Original offer for £150 - refused.

Made payment of £1300

 

Disputed claim all way along. This is not as a result of a debt but of a fine from a professional body. Whom a). refused my request for the hearing to be help on a different day (not a court hearing - their own one)

 

and b) refused any sort of appeal

 

and c) I do NOT believe they were justified in any way in their decision. (unture allegations against me were made that followed on from them personally asaulting me and them being found guilty of GBH)

 

they threatened and vowed to "get me" in any way they could. I already also repaid them much of their fees as a goodwill gesture. Also they then took me to small claims court for repayment for VAT - the court ruled in their favour. (This happened before the attack) And I paid all the VAT I had charged them back. I lost becuase the judge stated my paperwork was misleading.

 

 

Anyway, to cut a long story short. i made one payment. Disputed and disputed.

 

I was ignored. Until I again respectfully asked them to reconsider.

 

They then served stat demand but not at my current address - old address. I have been competely unaware that it was served.

 

Now, by sheer fluke i was at old address friday evening, visiting and they served a form 6.8 informing of bankruptcy hearing next week.

 

Can I defend?

 

been looking at the grounds for applying to set aside but clearly this is way past 21 days.

 

Can anyone please assist me ???

Edited March 15, 2010 by donein

[donein]

Ok, so I know this is not the normal one but I have been looking through other threads and have put this together, could anyone take a look and see if they can help/ check through/ advise of any changes.

 

I have to take this to the court tomorrow.

 

 

AFFIDAVIT

I xxxxxxxxxxxx of 16 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, xxxxxxxxxx

MAKE OATH and say as follows

 

1 -With regards to the statutory demand

 

1.1 The first time I was made aware of any bankruptcy proceedings was when I received form 6.8 informing me of the petition for bankruptcy that is due to be held in xxxxxxxxxxxxxxxxxx on 23rd March 2010. I received this document on Friday 12th March 2010 at approximately 1840 by the way of hand delivery at xxxxxxxxxxxxxx, xxxxxxxxxxxxxxx, xxxxxxxxxx, xxxxx.xxxxxx from xxxxx xxxxxxx from xxxxxxxxx xxxxxxxxxx. Previous to this I had NOT received ANY paperwork pertaining to a further Statutory Demand or a Bankruptcy Petition . (attached witness statement doc 1)[/font]

 

1.2 – To my knowledge the Insolvency Act requires the bankruptcy petition must be accompanied by an affidavit proving service of the demand, as well as exhibiting a copy of the actual Statutory Demand itself. I am not aware of any such Affidavit. Although, point 5 of the document I was hand delivered states “On 28th April 2009 a statutory demand in respect of the above mentioned debt was served on the debtor by inserting it through the letterbox at xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.”

 

1.3 - On 22nd April 2009, I had a telephone conversation with Mr xxxx xxxxxxx of xxxxxx xxxxxxx where I continued to dispute the debt and in fact the monies that I had paid in respect of this debt to date. During this telephone conversation I informed Mr xxxxxxx that I firmly believed this debt had been resolved back in 2006, following on from the initial statutory demand dated 22nd December 2005.[/font]

 

1.4 - During this telephone conversation, I also informed Mr xxxxxxx that I had moved to xxxxx in August 2007 and at that time was in the process of moving from xxxxxxx xxx to xx xxxxxx xxxxx, xxxxx. I requested him to put in writing full details of this debt and requested copies of the information he held. To date this has never been received. I explained that all my paperwork was in boxes and I would need time to find my copies of documentation as I strenuously disputed the amount owed and the debt. [/font]

 

1.5 - I did not receive the said Statutory Demand that was allegedly posted through the letterbox of xx xxxxxx xxxx on 28th April 2009, and I have asked the other members of my family if they signed for such a document or received this document; they have assured me that they did not.

 

1.6 - I did however, receive a letter dated 16th April 2009, from xxxxxx xxxxxxxx xx xxxxxxxx informing me of her intention to personally serve me a statutory demand on 23rd April 2009. This letter was forwarded to me at my new address. I subsequently made arrangements to be present on 23rd April 2009 at 19.20hrs but no such service took place. This appointment was a waste of my time as it was a 2 hour drive back to xxxxxxxx.

 

1.6 – Furthermore, no such document was delivered to my new address of xx xxxxxx xxxxx, xxxxx or my previous address of xx xxxxxxx xxx, xxxxxxxxxx. As I had informed Mr Robbins of my new address, I am completely mystified as to why he would state in point 2 of the attached the document “the debtor as for the greatest part of six months immediately preceding the presentation of this petition resided at xx xxxxxxx xxx,xxxxxxxxxx, xxxxxxx “ and then proceed to serve the alleged statutory demand at my previous address in xxxxxxxxxx. H[/font]

[

2 - I am disputing the debts claimed by xxxxxxxxxxxxxxxxxxxxxox xxxxxx xxxxxx

 

2.1 I believe that the circumstances and subsequent “trial” held by the xxxxxxxl Association xx xxxxxxxxxxxxx was unfair and my requests to be present during the “trial” were ignored and I was therefore not given the opportunity of defending myself. Furthermore, my requests for an appeal were also denied. I do not believe that the xxxx conducted this “trial” fairly, had they of done so, I would have given me every opportunity to attend and defend myself. (attached witness statement document 2

 

2.2. I believe that no liquidated sum is payable. At no time has any credit agreement or agreement that I agreed to abide by any terms and conditions as stated by the xxxxxxxxxxxxxxxxxxxx ofxxxxxxxxxxxxx been provided in evidence, and I have not been supplied with a copy of any agreement despite my legal rights. Also I have not been provided with any statements or in fact default notices

 

2.3 -. If, as I expect, no written agreement exists, then the respondent was in error when it stated that a liquidated and legally enforceable sum was due to the respondent at the time the bankruptcy petition was issued

 

2.4 -.I therefore request that the court order the respondent to supply an original copy of this document, and of any proof that a default notice was served on me

 

2.5 – Furthermore, at no time, that I am aware that any judgement has been made by a court to enforce this “fine

 

3 – I have today requested all copies of documentation from xxxxxx xxxxxxx xxxxxitors and fully intend in making an application to have the Statutory Demand set aside and completed Form 6.4 and attached an affidavit (form 6.5).

 

3.1 – Whilst I appreciate the time for applying to have the Statutory Demand is well over the 21 days, had I actually received this document I would have applied at that time for a set aside. [/font]

 

3.2 - I make application that the court dismiss or set aside the bankruptcy petition on the grounds that the debt is unenforceable by law.

 

3.3 – Should the court disagree and find that this debt is payable then I make application that the court dismiss or set aside the bankruptcy petition by powers granted under section 271(3)(6) of the Insolvency Act 1986 on the grounds that it has not been proven that I cannot pay this debt. I would therefore, request that the court allow me to pay this debt by monthly instalments of £100 per month and have therefore attached an income and expenditure form that shows my ability to pay the debt. .[/font]

 

 

_________________________ ___________[/font]

Signature

SWORN AT

this day of year

before me,

__________________

Edited March 15, 2010 by donein

[donein]

Hopefully the above makes sense.

[mandyjayne]

Hi donein..

 

i cant help you im afraid...but as you need help asap, click your red triangle in the bottom left of your post, leave a brief message and site team will drop by...

 

All the best

 

mj:)

[donein]

thanks mandy jane ! I will click red triangle now

[donein]

red triangle says only to be used when reporting abuse??

[mandyjayne]

No thats fine you can leave a "help me please" message there

 

MJ:)

[donein]

No thats fine you can leave a "help me please" message there

 

MJ:)

 

Ok thanks

[cymruambyth]

Just remember that the site team are busy and don't always respond immediately.

[donein]

i understand, thanks

[donein]

Ok well I a hoping what i have done is right as i need to leave in 20 minutes to get to the court

 

thanks anyway

[toddle2u]

It is very difficult to comment on this without more information - mainly what the debt was for and should it have been subject to a regulated agreement?

 

With regards to point 3.3. where you are asking the court to set aside on the grounds that they don't know if you can pay or not. The defeinition of insolvency is being unable to pay your debts as and when they become due. You ask the courts to make an installment payment order if they decide the debt is due which suggets you can't pay the sum they are claiming in one lump sum and therefore by definition insolvent. Therefore your defence would fail on this point.

[donein]

It is very difficult to comment on this without more information - mainly what the debt was for and should it have been subject to a regulated agreement?

 

With regards to point 3.3. where you are asking the court to set aside on the grounds that they don't know if you can pay or not. The defeinition of insolvency is being unable to pay your debts as and when they become due. You ask the courts to make an installment payment order if they decide the debt is due which suggets you can't pay the sum they are claiming in one lump sum and therefore by definition insolvent. Therefore your defence would fail on this point.

 

well its too late now as I have submitted the forms.

 

No it is not a debt for a credit agreement. It was fine imposed on me by a professional body that held a hearing in my absence. They found me guilty of breaking their rules. I disagreed, I was not allowed to be present to put forward my defence and they refused to hold an appeal.

 

This goes back to an evening in 2006. They served a sta demand back then having refused my request for an appeal. For which i might add they charged £100 for.

 

Meanwhile, I replied to the stat demand and offered a repayment - they wanted a charge over my property - voluntary one, partner refused.

 

i was intimidated into making a substantial payment. Then nothing. They took months to reply to my reuqest for instalments.

 

Anyway, I have submitted the forms now. If I have done it wrong then its a bit late now

[johnerog]

Hello Donein, just found you.

Toddle is right we need much more info. What professional body? What agreement did you sign? Do you have a copy? What gives them the right to fine you?

John

[donein]

Hello Donein, just found you.

Toddle is right we need much more info. What professional body? What agreement did you sign? Do you have a copy? What gives them the right to fine you?

John

 

I have NO agreement.

 

They are stating they have the right

 

I can't say publicly which professional body as it will be obvious who I am.

 

My hearing for bankruptcy is tomorrow.

 

Please can anyone offer advice! Very worried!!!

 

And thanks John for finding me!

[Oldshep]

Do they have a CCJ for this 'Fine' and was it a court 'Fine'??

 

This seems really odd to me

[donein]

Do they have a CCJ for this 'Fine' and was it a court 'Fine'??

 

This seems really odd to me

 

 

No it is not a court fine.

 

Ok here is an analogy

 

I am a hairdresser. I am a member of the hairdresser national ombudsman.

 

I cut a ladies hair. She doesn't like it. She sues me for her money back. I pay her.

 

Then she complains to the hairdresser national ombusdman.

 

The hairdresser national ombudsman then holds a hearing (without me) and finds me guilty of malpractice.

 

They then discredit me and fine me £8000 for malpractice.

 

I do not pay. reuqest a fair trial. They refuse.

 

They serve stat demand 4 years ago. After 9 months I pay £2k

 

Argue it. (Not in court)

 

In the meantime. I move.

 

Wham 4 years later another stat demand.

 

Now I defend sending in 6.19

 

Hearing today for bankruptcy/

 

Leaving in 30 minutes

 

HELP URGENT

[donein]

Ok just got back from court hearing.

 

The Judge has moved the hearing to be at my local court.

 

The Judge has given them 3 weeks to provide background information.

 

The Judge has advised I see legal advice

 

The Judge stated that should I continue to defend it will cost them a further £1100 to proceed and if I lose I have to pay!

 

So now I have to wait for their response.

 

The Judge said also it was unusual case and referred to a book. He also asked the solicitor for the other side is it fell into contract law, the solicitor confirmed it does because I was a member of an organisation and therefore I agreed to be bound by the terms of the organisation.

 

So I still need any help anyone can offer! PLease.

[donein]

Also if anyone needs more information I will gladly pm but I cannot put in on the public board.

[donein]

Do they have a CCJ for this 'Fine' and was it a court 'Fine'??

 

This seems really odd to me

 

Forgot to say no CCJ either.