Help Please, Im Bankrupt and didnt Know!!

[reallyconfused?]

Hi all, Im ReallyConfused?

 

Ive been attempting to get help on a matter that i believe some of you on here are more than familliar with.

 

Ive been attempting to get help in regards to a bankruptsy order that was served on me, However its took me nearly 3 month to get to my current position going backwards and forwards. over and over again.

 

Ive been shown this site by someone called fermi from the MSE bankruptsy & living with it forum and am really hoping you all can help me take the leap and fight to get my life back.

 

At the moment im seeking advice on other sites that have all details on the lead up to today.

my username on Both MSE is Confused? and legal Begals isConfused?

and the names of my threads are below. (I Cant Post Links Yet).

Please Can Someone Help With Annulment of my BR

Help Please, Im Bankrupt and didnt Know!!

 

I really do hope you can help as ive read posts from 42man which seem very spookily similar to my situation.

 

Many Thanks

 

reallyconfused?

 

(RC?)

 

[reallyconfused?]

WHERE I AM AT THE MOMENT IN A NOT SO SMALL NUTSHELL

 

Where im at at the minute.....

 

I am Bankrupt i have seen the official reciever and they have put a restriction on my property with the land registry. The house is valued at 79k

i have a 71k mortgage

 

if sold now i would have to pay 15k discount to the council, making the total pay back amount including fees aproximately 89k. so there is no real equity.

 

in 3 years the discount will be released making the amount payable if sold aproximately 72k ish giving an estimated equity of 7k.

 

my partner owns half so call my intrest in the property in 3 years time 3.5k which they are proposing to wait for.

 

They have no intrest in any of my other belongings etc...

 

They have no intrest in my car.

 

They have proposed an income payment order of £512 per month for 3 years which i can not afford, which at the moment i am contesting with a new SOA that i have completed and submitted.

 

I have a baby of 7 months, and a partner that is dependant on me.

 

 

The debt i do owe and was paying....

 

I owe 4k to the princes trust

I owe 10k to the halifax

 

 

The debt i have had no contact with in more than 6 years and thought were non enforcable..

 

HFC 1k

HFC 1.5k

 

(i believe these HFC accounts at some point may have been combined by them and purchased by Lowell who have made me bankrupt however im un certain on the status of these accounts as i have had no contact in over 6 years about these accounts).

 

Black Horse 3.5k Approx, i lost my job and had payment protection on this account. they needed a signature from my old boss who wouldnt sign.

 

I told Black horse that they should claim on the insurance.

i Never heard from these since then. and dont know the status of this account.

no contact has been made in above 6 years.

 

Debt settled but still persued...

 

Clydesdale 1.7k settled in 2004 (shown on credit file) persued by HFO Services even when notified. sum persued 3.5k

 

Verbal and postal and telephone threats of litigation balifs have been made on me

 

Even when i have explained this.

 

Total if all was valid 23.5k

 

 

Action Taken.

 

I have sent subject access requests to lowell and HFO. (27 days ago Recorded Awaiting Response)

I have sent request for CCA's to both HFO and Lowell (27 days ago Recorded)

I have sent Default follow ups for the CCA's (Friday 1st October)

I have sent halifax letters asking to hold action.

I have asked princes trust to write off the debt if possible. (who have replied and said they may do so)

I have stiill had no contact with Black Horse.

I have told the OR i want to get the order annuled

I have told the creditors im pushing for annulment.

I have the 7.1a and affidavits to fill out.

 

Help Needed.

 

I need help filling out the request for anullment

I need help filling an affadavit.

 

Ive also been putting this together with help from reading stuff on all the sites and currently am preparing my case for anullment.

 

please can someone look at the affidavit i am preparing and comment.

 

Thanks

RC?

 

 

[reallyconfused?]

Can anyone help please im trying to put together an affidavit for annullment of my Bankruptsy order?

Edited October 11, 2010 by reallyconfused?
Spies 'OO'

[Belaflat]

I think you need to be speaking to 42man as i believe he went through something similar.

On the details you have posted, you are certainly going to be able to get an annulment but the bad news is, going by 42mans experiences, it is not easy and may involve a fair amount of expense.

i will try and get him to drop by for you, have reported the post for attention.

 

On another note, the fact that Lowells were the ones who made you bankrupt might raise a few eyebrows as it appears they may now be upping the stakes. They have a generally bad reputation but this is the first bankruptcy I have heard about them applying for and going through with although the non delivery of Stat Demand and subsequent false claims to the contrary would be par for the course for them.

Edited October 11, 2010 by Belaflat

[Belaflat]

Oh and one more thing...be careful of how much detail you give out....Lowells have spies abord.

[reallyconfused?]

Thanks Belaflat,

for some reason i asked an admin question and it posted it here?

 

Is there anyone who can help cos im so close to getting my forms together but stuck.

 

42 man can you help please i really need some advice if at all possible.

 

Thanks

Confused?

Edited October 12, 2010 by reallyconfused?
not for public viewing

[42man]

Hello RC....I apologise I was just informed of this thread in my email box......Have you been to the court to pick up ALL the paperwork in the file ? If not then I would advise you to visit the court, state that you are the litigant and you need copies of ALL the paperwork in the files.....they will charge you a small amount for carrying out the copying. There should be in there the petition and possibly a demand, but crucially there will also be an affadavit which contains the statement from the process server and how they attempted personal service, and obviously failed, and were granted normal service...if there have been any adjournments then these should be here also. Without these you will not be able to potentially give any reasons for them to annul. It seems you have already been for your interview with the Official Receiver....did you state that any of the debts were disputed ? Did you tell them that you would fight to annul the BR ?

Once you have ALL the paperwork, then give me a shout and let me know what is there.....

[42man]

Am I correct in assuming that it was Lowells who have made you bankrupt (for those HFC debts ???!!!?) (it will tell you on the bankruptcy petition who was the petitioning creditor)....you seem to have done ok so far, but it is crucial you get ALL the paperwork on file from the hearing first....

[42man]

Has a trustee been appointed as yet ?

[reallyconfused?]

Thanks 42man im so close yet soo far,

 

yes 42man, to all

Ive, been and seen OR

They know im trying to anull it

Ive, been and bought paper work from the court. they gave me stat demand and petition, with affadavits.

The OR sent me the order.

 

i have the petition affadavits and statutory demand.

i have info how the stat demand was meant to have been served but

i dont have ant info regarding how the petition was meant to have been served?

 

i was never informed.

 

it was indeed lowells

and as far as im aware the trustee is still the OR

[42man]

Were there any adjournments from earlier hearings when you didn't attend ? (when you didn't know there were hearings !!). Are any of the houses either side of yours empty ? Any problems with the mail around the time of the demand or petition ? How does the affadavit measure up to what they say and where you were ?

[42man]

I think you should also SAR the original creditors.....HFC were well known for missold PPI and it sounds like Lloyds sold you a duffer too as far as PPI goes...!!

[42man]

What you will also need to produce is witness statements from yourself and your partner to state that you had never seen any stat demand or bankruptcy petition....

[reallyconfused?]

Thanks 42 man, neither house is empty. Post is good. I've got a post under same heading as this thread on mse forum under confused? I don't know if you have time to look at it but may answer your question about service. If you want I can cut and paste it here? Just gonna get my laptop out and will answer all q's.

[42man]

Please cut and paste....

[reallyconfused?]

Were there any adjournments from earlier hearings when you didn't attend ? (when you didn't know there were hearings !!). Are any of the houses either side of yours empty ? Any problems with the mail around the time of the demand or petition ? How does the affadavit measure up to what they say and where you were ?

i dont think there was the lady at court never gave any information on this however i could ask?

also i did ask for all files, but do you think there is a chance there may be more?

[reallyconfused?]

will get it all together and paste it in for you.

 

thanks again

[reallyconfused?]

What you will also need to produce is witness statements from yourself and your partner to state that you had never seen any stat demand or bankruptcy petition....

 

i can do that 'BRB'

[reallyconfused?]

I think you should also SAR the original creditors.....HFC

 

if it helps i had a reply from lowells sayingt they have requested it from HFC and will forward once recieved?

 

should i still SAR HFC direct?

should i also send a CCA request?

[42man]

Yes, cover as many bases as you possibly can, it shows that you have made every effort to get the information...

[reallyconfused?]

Thanks 42man,

 

I've PM'd you however it wont let me put links on , you ask if any pms, that we put the link below?

 

Ive pm'd details as i was unsure if i should post this much detail in the thread.

 

Thanks

RC?

[reallyconfused?]

it posted the same posting 3 times

[42man]

OK RC....it seems that they have attempted personal service, what is important is what is said in their affadavit and if it ties up with what you said above (I have unapproved it for obvious reasons). I would check with the court to make sure that there have been no adjournments. It is unusual for a judge to grant a bankruptcy on the first hearing when the defendant isn't there (although it does happen on occasions)

 

Bear in mind that the official receiver will want to attend the court hearings too, as they have an obvious interest, and will claim their costs for attending. However if you are determined to annul, and a large part of this will depend on the judge on the day.

 

Your potential reasons for getting it annulled could be.

 

Not providing any copy of the agreement.

Statute barred debt at the time of the statutory demand

Failure to provide a valid default notice and subsequent termination notice.

Faliure to provide any notices of assignment.

The debt/debts being subject to missold PPI (HFC got into trouble a few years ago - http://news.bbc.co.uk/1/hi/business/7191506.stm

Excessive charges

An abuse of the process

What I think you will also have to provide a full breakdown of your income and expenditure to prove that you are not bankrupt also.

You really need the results of the Subject Access Requests and Agreement requests however.

 

If the original petition, minus any PPI and any charges is below the £750 threshold then this could be used to annul the BR...

 

Missold PPI could be an issue too. although only statements and the agreement could verify this....

 

I'm adding this to your thread as you may find it extremely useful...

 

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

The debts claimed by the petitioner are totally disputed

[reallyconfused?]

i read the affadavit of the supposed server and the details tie up, other than the important fact that they never actually served any documents.

 

he said in it that he posted it by hand on the seccond visit, however he didnt, (reasons explained in the previous explanation).

 

the old hfc stuff i had wouldnt have had ppi as far as im aware i was in the mod so supposed 'job security', however this could be totally unrelated debt as i have no proof it is the same one yet.

[reallyconfused?]

what happens if they dont produce, SAR and CCA docs, up to now theres nothing its been a month now?

 

also with what ive said does it stand up on the fact that i wasnt actually served with any docs or notified of a hearing? i would have thought that they would have posted it to me?