Please Help - Appeal 49(6) of the Bankruptcy (Scotland) Act 1985 - Deadline is 7th July

[underdog134]

Good Evening,

 

I really need some advice on how I can help my dad out...

 

He is a 64 year old man who has worked his whole life a self employed baker. Unfortunately he was sequestratedin 2009 and lost his home of 40 years.

 

He accepted he was in debt, and owed Inland Revenue a substational amount of money, but expected a reasonable lump sum upon discharge of his bankrupcy.

 

However, his creditor claims form has since arrived, with all claims amounting to more than he was due to recieve.

 

The claims form for creditors states that the creditor must:

 

1. “Describebriefly the debt, giving details of its nature, the date when it was incurredand when payment became due. Attach any documentary evidence of debt, ifavailable.”

2. Inserttotal amount of debt, showing separately the amount of principal and anyinterest which is due on the debt as at 01 May 2009, the date of Sequestration”

However, 4 of the debts he apparently owes have been sold to a company called Marlin Financial. My father does not acknowledge any of these accounts apparently owed to them which in total come to £30,000. We have the right to appeal to the sherriff officer under 49(6) of the Bankruptcy (Scotland) Act 1985 but to be honest I'm not sure how to go about this.

One of the claims made by BT was rejected as they did not provide proof of debt. All Marlin have provided is a screen shot of the opening balance with Marlin NOT the original creditor and three charges of 20.00 for letters sent in recoveries.

Can I appeal the claims under section 77 of the CCA? Or would I simply appeal that the information requested on the Claims form detailed above in bold italic was not provided as requested and therefore cannot be claimed?

 

My dad is severly depressed and has lost his business, his home and some of his family. This lump sum of 30k really has kept him alive of the last 18 months. Please help me secure someonthing for him so he has something to show for all the hard work he has done. He has never claimed a benefit, even since his business has went bust, living on money from family and friends and doing temp work to make ends meet... i really want to help him but i dont even know what to do?

 

I have to lodge the appeal by the 7th of July with the sherrif court. I have a copy of all claims forms to present to the judge if they approve the appeal? What should I state my grounds are in my letter? I am hoping to take this to court tomorrow at 10am.

 

Thank you so much for your help in advance xx