largo law bankruptcy petition statue barred **** WON ****

[buffyoo7]

hi

i have recieved a bankruptcy petition from largo law it says on it failure to comply to a statutory demand for a liquidated sum payable immediately

never had any stat demand the debt is well over 6 years since paid or herd from them phoned courts and their is a hearing date sent largo law statue barred letter weeks ago and asked all info but phoned them and the said never recieved letter have proof posting recorded delivery

just seems they wont give me any info its in court 3 weeks from now

 

[buffyoo7]

http://i936.photobucket.com/albums/ad205/buffy203/largo2.jpg

 

http://i936.photobucket.com/albums/ad205/buffy203/largo.jpg

[buffyoo7]

can any body help do i have to put in defence see i have nothing from courts and nothing from largo so how am i suposed to make a defence

thanks buffy

[buffyoo7]

bump

[buffyoo7]

bump

[DonkeyB]

Right, back to basics.

 

a. The person you are dealing with is one I have had experience of through my business. Economical with the actualité and as slimy as a box of toads is my 'executive summary'. They do things like tell you on the phone they won't go ahead with a case, then do it anyway. . So record all calls or do things in writing. If you can record calls, and feel able to deal with it, you may indeed be able to trip them up...

 

b. You need to write back urgently and deny that an SD was issued. Put them to strict proof and demand details and proof of service (eg, address issued, method of service).

 

c. Copy this correspondence into the court mentioned. Call the court and ask if they have details of the SD and its issue date.

 

Hold fire on the SB bit for now. Do this and let us know what happens. Roughly how long to the hearing?

Edited June 17, 2010 by 42man

[DonkeyB]

I say hold fire on the SB bit because, if it does get to court, we'll hammer them for costs.

[DonkeyB]

Interesting that they merely write to you, but say they will 'serve' the papers. Wonder if they'll be served the same way as the SD? Have PM'd you.

[DonkeyB]

Has the petition sent from Largo any court seal on it? Not sure if it should have, but looking up the scenarios...

[42man]

I'm sorry I didn't see this earlier.....you need all the information from the court, there should be a file there with an affadavit of how the stat demand was served (if you have never seen one)....get all this paperwork, and ask the court to copy it all (they will charge you a small amount to copy it)....you must apply a set aside of the petition this you do using form 6.19, you will need to accompany it with an affadavit and a witness statement....also there should be a name of somebody on the petition that you can contact I suggest you call them and state that you will be fighting this....you need to move quickly as your paperwork needs to be in the court 5 working days before the hearing with copies going to the opposing solicitors....

 

Once you have got ALL the paperwork from the court file....please send me a PM...

[DonkeyB]

Thanks for the edit 42man...for some strange reason, thoughtless anger surfaced in my typing fingers...

[42man]

As you have never ever seen a statutory demand or have had one served on you then there must be an affadavit in the file stating that a process server had attempted personal service on you but had failed to do so, only when they had tried to effect personal service and failed will they grant allowance on substituted service (by post).....if there is no affadavit then this high court judgment will help you...you'd be surpirsed how many don't do this properly and it is likely to be an abuse of the process... -

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

Then r 6.15 says:

(1) Service of the petition should be proved by affidavit.

(2) The affidavit shall have exhibited to it -

(a) a sealed copy of the petition, and

(b) if substituted service has been ordered, a sealed copy of the order;

and it should be filed in court immediately after service.

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. The rules provide in terms that the petition must be supported by an affidavit of service showing how the petition was served, and express reference is made to substituted service and the way in which that then is to be proved, which involves the affidavit of service having with it a sealed copy of the order.' - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

[buffyoo7]

Thanks everyone

about 2 weeks to go dont no wat to say as i said have no dates or any thing have emailed largo they wont give us any info the letter is court stamped still no papers from court tho just dont no how to go about writing to court and wat to say i know this debt is statue b it must b well over 9 years now since any payment or aknowlegement been made

thanks again for your help

buffy

[DonkeyB]

Stay calm. We'll help.

[buffyoo7]

thanks going down court in morning get copies of papers

buffy

[DonkeyB]

You have 42man on your case - can't go wrong!

[sillygirl1]

Any news on this, hopefully your court will know what to do and whilst they can't give legal advice they can tell you which forms to fill in and may even have a duty solicitor offering free help... I know Croydon County Court has this excellent service.

[buffyoo7]

hi went to the court yesterday the court gave me a copy of the creditors bankruptcy petition on failure to comply with a statuory demand they would not give me a copy of the staturory demand and the affadavit i asked how the SD was served and the lady at the court said they had called at my house but got no answer so spoke to a man who lived next door who comfrimed post was received at my address then the SD was sent by 1st class post. i have got the 6.19 form to fill in but not sure what to put.

what i did notice was on the 6.7 form (the failure to comply one )it says please give the amount of debt, what they relate to and when they were incurred please show separately the amount or rate of any charge not previously notified to the debtor and the reasons you are claiming it.... they have just but the debtor is justly and truly indebted to us in the aggregate sum of £3,069.69 in respect of ............... and then nothing they have not filled it in.

on another letter from largo it says

petition debt £3069.6

court fee £190.00

service of bankruptcy petition£65.00

solicitors costs £1,755.00

total £4.824.69

also found out that patrick stone has left largo and letters are just signed largo law have tried to talk to someone at largo but they said they didnt have the paper work so could not help

thanks for looking at this Buffy x

[buffyoo7]

on the 6.9 form they have also have put their full name and address as direct line anderston house 389 arygle street but this is the address for allied international credit not direct line our they allowed to do that is that not false information

[buffyoo7]

Bump

[42man]

As a litigant in person you are fully entitled to see the affadavit and the statutory demand......!!! the bankruptcy petition must also contain the name of a person you can talk to NOT a scrawled couple of initials....it is rule 6.2 - A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986

[42man]

Checklist....

 

Send a CCA request.

 

SAR to the creditor

 

You'll need to fill out form 6.19....

 

An accompanying affadavit and a witness statement....

 

What is the deadline Buffy ?

[42man]

I will help you on this Buffy, but you must be prepared to stand up in court and fight your corner...and of course I can't guarantee anything, my personal feeling is you seem to have a good case. And don't forget it depends on the judge on the day......let me know the deadline to submit your papers....

[buffyoo7]

hi thanks for your help i am fine with going to court as long as i know what i am saying i will go back to the court in the morning and ask for copies the affadavit and the statutory demand the court date is 6th july so 2 weeks tomorrow and i will send off a s a r to largo in the morning buffy x

[buffyoo7]

the court told me any papers i am sending in need to be with them 7 days before court date