Lowell Portfolio and Bankruptcy Proceedings

[alf2009]

Thank ypu so much again. Just to be clear, are you saying I should cut & paste your previous post, plus copies of CCA and SAR letters sent today, into a statement, have it witnessed and take it to the court and sent to their solicitor?

 

 

And once again, if my defence is rejected, can I then just offer to pay in full (family would probably help if it was really BR) and avoid the BR and thats that or has it gone too far and BR is given and all is lost?

[42man]

If worst comes to worst then yes, but be warned their costs could be quite substantial.....if the judge sees it your way and it is an abuse of process then I would be claiming my costs in court !!! don't be a soft target...

[alf2009]

Sorry to keep coming back to the forum, but I cannot find a local solicitor from the Law Society versed in Bankruptcy to look through the paperwork, maybe I can use an Insolvency practitioner?

 

I'm not sure about the Affidavit. There doesn't seem to be one specifically for the SD, nothing headed Affidavit, only a certificate from the bloke saying he came to the house, and a statement of truth from the solicitor saying the blokes statement is true to his best knowledge. There is nothing relating to serving the BR at all, and nothing was sent by post either, so if I hadnt gone to the court, I would have nothing.

[42man]

I think Alf, you may have to go alone on this....!! I don't think time is on your side....

[alf2009]

Thanks again to all. I composed the defence and it is posted and filed.

 

The Clerk seemed to expect the other side to apply for extension since there was nothing in the file regarding service or substituted service of the BP.

[42man]

If it isn't in the file...then they are scuppered, you fight your corner Alf...