lowells bankruptcy pertition *** dismissed ***

[Bandit127]

This thread was started on MSE. OP is defending a SD/(petition?) on his wife and is trying to pay sufficient to reduce the amount owing to less than £750. OC has locked the account so is frustrating his efforts.

 

Hearing is on Wednesday.

 

Ideally OP can make payments and submit evidence of the same for the hearing Wednesday and avoid penalty.

 

Please advise.

 

Original thread on MSE:

http://forums.moneysavingexpert.com/showthread.php?t=4217717

[Bandit127]

Steve.

 

Please post up the particulars of claim from the court papers. Word for word. This will help the experts advise.

 

Thanks.

[Bandit127]

Steve. I don't want to tread on the toes of the experts here (and I am well out of my depth on Bankruptcy rules).

 

But I am going to offer you my thoughts on what I would do as a Plan B just in case the site team can't help you in time for Wednesday.

 

You should phone the litigation team in the morning and offer to make a lump sum payment and also offer a sum in monthly payment that will pay the debt off. You will do this in return for them discontinuing (hopefully) or "staying" if not discontinuing. If they insist that costs are included in the sum now, I think you have no choice but to agree.

 

I am pretty sure they will not accept anything that does not include a proposal to pay the full amount.

 

Time is very tight here and I think you have run out of time to submit a defence (I think 7 days is required for bankruptcy proceedings).

 

You have to somehow get "litigation" to stop the hearing on Wednesday.

 

I truly hope the guys here can give you a Plan A - or improve on my Plan B. But if not, I think the above is at least a plan.

[Bandit127]

You should ring the court to check whether the adjournment has been actioned ? Otherwise do you have it in writing from Lowells that they will adjourn ?

Steve - you really need to do this.

[Bandit127]

My mate Lensman on MSE told me to look in on your thread...

 

Well done both of you. A proper result and I hope you have enough money left for a bottle of bubbly. Congratulations.

[Bandit127]

AIUI the amount of the alleged debt was at least partially disputed, therefore it appears there were triable issues which should have been resolved via a court claim. In this instance the petitioner has been allowed to side step the court claim /CCJ process, which as you know is against OFT guidelines on debt collection.

 

Rob

Rob.

 

The OP (for whatever reason) first posted for advice on MSE on Saturday night. He was in a position of a BR hearing yesterday (Wednesday) having failed to set aside the SD or done anything to acknowledge and defend the BR hearing. This was no fault of the OP, but that is by the way.

 

While you might be right that 42man's advice might be better than paying, all I could find (from 42man actually) was that any submission for that hearing had to be made with 7 days notice. He was therefore out of notice.

 

I don't know what would have happened if he had somehow got a legitimate defence together and submitted it to court on Monday with 48 hours to go, but I suspect he would have been at the mercy of the judge lottery at best.

 

So I think the OP may have paid perhaps some disputed amount to a debt. But the circumstances denied him the proper course of action. I stand by my advice at the time and I stand by my congratulations to him for a good result.

 

He could well have seen his wife bankrupted by the judge lottery.

 

Hopefully he can pen a good complaint to the OFT and FOS and get recompense of some sort that way.