lowell joined 3 debts [2 mobile, 1 credit card]made me BK, now want my house!!

[Ganymede]

Unfortunately I never saved envelope and I am angry with myself as I read I should, I think its in bag outside still so I may go and rummage.

 

 

No I have not drafted up yet was going to ask.........The judge states I can send application by letter quoting reference number. I am a little confused as what I need to put now and what I can put in my defence etc. It will be oral hearing, do I need to go to London?

 

 

 

 

Can you post your draft here before sending it please?

[Desperate Daniella]

I didn't mean not to claim it at all, I just meant it wasn't the top priority at the moment and if it had been knocked off the balance at the right time then the bankruptcy threshold wouldn't have been reached and none of this could have happened!

 

I think it will have to be an oral hearing too. The question is whether or not Wendy does this herself. I personally think if she can afford it she should be represented. I think a good barrister could win this for her. It's very easy to get flustered, especially if you get an unsympathetic judge, and where Wendy is on dodgy ground here is the length of time before the appeal.

[Mike_hawk]

I don't think there is any point in pursuing the PPI now.

 

I am concerned that some of the papers have apparently been lost and they may have made a difference to the order if [this] judge had seen them.

 

I was skimming through the other sides bundle and the sheer weight of correspondence from 2008 [which doesn't appear to have illicit ed a response or any form of dispute] probably swayed the judge in her decision. I can't see any written records of any dispute between Wendy and the other side over a 4 year period and I'm fairly sure the judge will have weighed any uncertainty against this.

 

As far as the missing papers go, it may be useful to Wendy if there are no notes of the earlier judgment assuming she is granted relief to a hearing

[The Mould]

Hello Wendy Watson

 

 

I apologise for my lengthy absence from posting on your thread/case, I am still very unwell and at the time of posting this, there is a brief let up to my illness and so I am taking this opportunity to post now, while I can. If you see this and reply and do not receive any response from me, please do not feel offended old boy, I will post back to you as and when and if I am able to – when I can.

 

 

I have not read any of the recent posts here thoroughly (due to my ill health). So, for all intents and purposes, I am posting ‘blind’ to the same, however, the material posted below is central to your case and is in fact, in my considered opinion (based upon all of our previous discussions and the facts of this matter posted here by you) the only issue to which the Court of Appeal is required to make a decision on.

 

 

That issue is this:

 

 

Should the bankruptcy Order to which this appeal relates, have ever been made?

 

 

The answer is no, because the whole bankruptcy Order which was made against Wendy was so made on the basis that all three debts stated in the said Order were indeed Wendy’s debts, however, it turns out that the said bankruptcy petition presented to the Court, does in fact contain two debts which are clearly not Wendy’s, therefore, as the Court is not dealing with two separate bankruptcy Orders – one to which relates to a debt that is alleged to be owed by Wendy and another which relates to two debts that are clearly not owed by Wendy, the Appeal Court must find that said bankruptcy Order ought not to have been made.

 

 

 

So, my dear friend, as I have said all along, Section 282(1)(a) of the Insolvency Act 1986 absolutely applies to your case and the facts of the circumstances thereto.

 

 

By the way Watson, you may be interested to learn that the Court of Appeal has accepted applications for Variation of Time Limit to Appeal - by applicants who have appealed 4 YEARS after the initial decision against them in the High Court.

 

 

Godzilla & Kind regards

 

 

Your eternal friend

 

 

The Mould

[The Mould]

Watson,

See the relevant CPR Pt 52 Appeals material posted below and cited case law in this area.

Rule 52.6 Variation of time

52.6

(1) An application to vary the time limit for filing an appeal notice must be made to the appeal court.

(2) The parties may not agree to extend any date or time limit set by—

(a) these Rules;

(b) Practice Direction 52; or

© an order of the appeal court or the lower court.

(Rule 3.1(2)(a) provides that the court may extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired).)

(Rule 3.1(2)(b) provides that the court may adjourn or bring forward a hearing.)

Consequences of refusal to extend time

52.6.1 If a circuit judge or a High Court judge declines to extend time for appealing against the decision of a lower court, that decision does not have the same finality as a refusal of permission to appeal. The disappointed party may (if they obtain permission) appeal against the decision that time should not be extended. See Foenander v Bond Lewis & Co [2001] EWCA Civ 759; [2002] 1 W.L.R. 525.

The practical consequences of this decision need to be borne in mind by judges dealing with applications under r.52.6(1). These consequences were spelt out by Brooke L.J. in Foenander at para.19:

"The logic of this decision is that if a circuit judge or a High Court judge sitting in an appeal court has the choice of disposing of a belated and unmeritorious appeal either by refusing to extend time for appealing or by refusing permission to appeal, he/she should bear in mind that taking the latter course will bring the appellate proceedings to an end. The adoption of the former course, on the other hand, may entail further expense and delay while a challenge is launched at a higher appeal court against the decision not to extend time for appealing."

Criteria to be applied on applications to extend time

52.6.2 On applications under r.52.6 to extend time for appealing after expiry of the time limit, it is necessary to have regard to the checklist in r.3.9. This is because the applicant has not complied with r.52.4(2) and, in the absence of relief, the applicant will be unable to appeal: see Sayers v Clarke Walker [2002] EWCA Civ 645 at [21]; [2002] 1 W.L.R. 3095. In cases where the arguments for granting or refusing an extension of time are otherwise evenly balanced, the court should evaluate the merits of the proposed appeal in order to form a judgment on what the applicants will be losing if time is not extended: see Sayers v Clarke Walker at [34]. In Smith v Brough [2005] EWCA Civ 261 the Court of Appeal, in the course of refusing to extend time by 39 months, stressed the importance of finality in litigation.

In Smith v Kvaerner Cementation Foundations Ltd [2006] EWCA Civ 242; [2007] 1 W.L.R. 370 the claimant was granted permission to appeal, despite his delay of four years in applying to the Court of Appeal. The paramount consideration in that case was that the claimant at trial had been denied his right under ECHR art.6 to a fair hearing before an independent and impartial tribunal. There was also a good explanation for his failure to pursue an appeal earlier.

If an application to extend time for appealing is made in time (i.e. it is made prospectively), then r.3.9 does not apply: see the reasoning of the Court of Appeal in Robert v Momentum Services Ltd [2003] EWCA Civ 299; [2003] 2 All E.R. 74.

Where, in an appeal brought under a statute, the time limit for filing the notice of appeal is fixed, not by r.52.4, but by the statute itself, the court may lack power to extend that limit under r.3.1(2)(a); see para. 52.4.1.1 above.

I sincerely hope the above will be of some help to you Watson.

Kind regards

The Mould

[Desperate Daniella]

Hi The Mould,

 

Wendy will be soooo happy to hear from you. We have both been very concerned about you and your family and you have been constantly in our thoughts.

 

We are just so sorry you are going through such a very bad time.

 

Sending you love, hugs and prayers,

 

DDxx

[The Mould]

Hi The Mould,

 

Wendy will be soooo happy to hear from you. We have both been very concerned about you and your family and you have been constantly in our thoughts.

 

We are just so sorry you are going through such a very bad time.

 

Sending you love, hugs and prayers,

 

DDxx

 

 

Dear Desperate Daniela,

Thank you very much and so much for your continued kind words and compassion and humanity for your fellow neighbours.

If I was well enough, neither Watson nor any other good person would ever suffer any injustice or wrongdoing against them in this place.

Goodness me…………………………., I, pray so hard and so deeply,………………oh this is not the way, I am so sorry Watson and Daniela and all of you other good people.

If I can help, if I am allowed to help, I will help all of you, with God’s help I will, but right now and for a long, long time, I have needed his helpers to help me and my family, but they have not come…………………..and so, oh Lord please, my dear Watson, Daniela and all of you so very good members of Cag and my fellow neighbours, I love you all, I am so, so sorry……………I am signing off now.

Godzilla & Kind regards

The peoples eternal friend

The Mould

Who will be back, who will fill the skies and envelope his fellow people with a shield that will protect them from all the suffering that evil & ungodly people have bought upon them.

[Desperate Daniella]

We love you too, and if you ever want to let off steam, or I can help in any way, please pm me.. I know Wendy feels the same.

 

In haste,

 

DDxxx

[wendyboats]

Hello Wendy Watson

 

 

I apologise for my lengthy absence from posting on your thread/case, I am still very unwell and at the time of posting this, there is a brief let up to my illness and so I am taking this opportunity to post now, while I can. If you see this and reply and do not receive any response from me, please do not feel offended old boy, I will post back to you as and when and if I am able to – when I can.

 

 

I have not read any of the recent posts here thoroughly (due to my ill health). So, for all intents and purposes, I am posting ‘blind’ to the same, however, the material posted below is central to your case and is in fact, in my considered opinion (based upon all of our previous discussions and the facts of this matter posted here by you) the only issue to which the Court of Appeal is required to make a decision on.

 

 

That issue is this:

 

 

Should the bankruptcy Order to which this appeal relates, have ever been made?

 

 

The answer is no, because the whole bankruptcy Order which was made against Wendy was so made on the basis that all three debts stated in the said Order were indeed Wendy’s debts, however, it turns out that the said bankruptcy petition presented to the Court, does in fact contain two debts which are clearly not Wendy’s, therefore, as the Court is not dealing with two separate bankruptcy Orders – one to which relates to a debt that is alleged to be owed by Wendy and another which relates to two debts that are clearly not owed by Wendy, the Appeal Court must find that said bankruptcy Order ought not to have been made.

 

 

 

So, my dear friend, as I have said all along, Section 282(1)(a) of the Insolvency Act 1986 absolutely applies to your case and the facts of the circumstances thereto.

 

 

By the way Watson, you may be interested to learn that the Court of Appeal has accepted applications for Variation of Time Limit to Appeal - by applicants who have appealed 4 YEARS after the initial decision against them in the High Court.

 

 

Godzilla & Kind regards

 

 

Your eternal friend

 

 

The Mould

 

 

My Dearest, Kindest Mouldy,

 

 

My Heart has been overflowing with love, and concern for you, and your family Mouldy, in your long absence these past few months I and DD and many more I am sure have said many prayers for your wellbeing,

 

 

To come home from a very bad day (family matters) to find you Mouldy, and all the other CAG members, many posts to my case, Left me crying with Joy and Happiness, the past hour or so I could not even speak ! I am overwhelmed to hear from you Mouldy and also big thanks also to Mike, Daniella, Ganymede, and many more for being here for me.

 

 

Wendy aka Watson is back on the case and will digest all posts and come back to you xxxx

 

 

Mouldy I always knew you were still out their as promised many, many moons ago

[wendyboats]

Wendy

 

Tbh, you really need specialist advice. Not had time to read or digest the whole thread, if you're genuinely stuck and can't source legal assistance all I can come up with at short notice is to apply to set aside the order and request relief to a oral hearing as the matter of your solvency was not considered by the lower court. You believe that as you were able to service the demand (and evidence same) had it come to your notice and were not insolvent s282 (1)(a) of the insolvency act would be effective, the bankruptcy order should be annulled. You would also be asking the court to grant you relief from sanction for the delay in appeal in asking it to look behind the lower court judgment.

 

There could be other reasons to set aside or vary but right at this moment I can't think of any to suggest.

 

 

Thank you Mike for above this will be my defence and one I can really say I believe With Kind regards WB xx

[wendyboats]

We love you too, and if you ever want to let off steam, or I can help in any way, please pm me.. I know Wendy feels the same.

 

In haste,

 

DDxxx

 

 

OMG............... Daniella, Prays do get answered sometimes ! I am overwhelmed to read all these Posts tonight after such a bad day ! I am soooooooooooooooooo happy, and relived our friend Mouldy is around, even if it is for a short while, at least he knows how much he has and always will mean to us xxxx Big Hugs Wendyxx

[wendyboats]

With my heart bursting with happiness I am now going to write up my draft and upload it for opinions and advise Big thanks to you all here on CAG xxxxxxxxxx

[Mike_hawk]

Thank you Mike for above this will be my defence and one I can really say I believe With Kind regards WB xx

 

Wendy

 

Bear in mind I'm no expert and it may be your last throw of the dice in the matter. Given the fees already involved you could end up on the end of a forced sale and losing all the equity in your home if this doesn't go in your favour.

 

The 'debts' were found to be fact, that part of the process is settled, the court has no interest in hearing any arguments regarding proof whilst they are vested in the bankrupt estate. The recent order hilited the judges decision in finding no grounds within your appeal to grant you relief.

[wendyboats]

Hope you san see all and any comments greatly received Wendyx removed for edit

[Desperate Daniella]

But Mike, the debts might have been found to be "fact" but they weren't. We surely need to unravel the whole thing? The bankruptcy happened because of the first CCJ which Wendy didn't know about until too late.

[Desperate Daniella]

Wendy,

 

I've emptied my inbox. xx

[Desperate Daniella]

Wendy,

 

I'll read through a bit later tonight, but for now take your name out!!!!! xxx

[Mike_hawk]

Wendy, it just appears to be repeating the grounds already rejected.

 

Your appeal to be heard out of time is based on your solvency, your ability to pay on demand immediately/forthwith, without question or dispute. Mentioning payment plans and disputes after the fact will not provide you with any grounds to annul.

 

You can't at this time argue the proof/validity of the debts as the lower court judgment settled them as fact.

 

In effect you need to show the court that you were not bankrupt at the demand.

[wendyboats]

Wendy, it just appears to be repeating the grounds already rejected.

 

Your appeal to be heard out of time is based on your solvency, your ability to pay on demand immediately/forthwith, without question or dispute. Mentioning payment plans and disputes after the fact will not provide you with any grounds to annul.

 

You can't at this time argue the proof/validity of the debts as the lower court judgment settled them as fact.

 

In effect you need to show the court that you were not bankrupt at the demand.

 

 

Thanks Mike, I really do not know what I am supposed to write, or shall I just request Variation of time and a oral hearing ? wendx

[wendyboats]

Wendy,

 

I'll read through a bit later tonight, but for now take your name out!!!!! xxx

 

 

Have removed from post and waiting for advise Wendxxxx

[wendyboats]

Wendy,

 

I've emptied my inbox. xx

 

 

Ok xx

[Mike_hawk]

Thanks Mike, I really do not know what I am supposed to write, or shall I just request Variation of time and a oral hearing ? wendx

 

You said you could evidence you could satisfy the demand, do you have a bank or building society statement showing you had enough in liquid assets to pay the sum demanded at that time?

[wendyboats]

You said you could evidence you could satisfy the demand, do you have a bank or building society statement showing you had enough in liquid assets to pay the sum demanded at that time?

 

 

 

January 2007 I had 78,00O In my bank account after divorce and sale of house, I paid by DD from taking out card end of November 2006 to Capone for 18 months, with no communication by phone,letter, or email account of just £500 was in trouble.

 

 

November 2007 brought house with ex-husband, became very ill after a breakdown.

 

 

2008 till April 2013 I was on long term disability's and also in June 2012 receiving foster care allowance for my grandson.

 

 

Also my ex husband who is self employed would have paid any debt proven to be owed in full as he owns more than half the property.

 

 

I am sure this would show I was able to pay any debt that was proven to be owed. WBX

[Mike_hawk]

Its the date of demand you need to satisfy. If not in your own name did you have shared liquid assets where you were a named party at that time. Could your ex provide any evidence that he held cash at the bank for you?

 

As an example, 18 months ago I could lay my hands on the better part of 700k, if I were served a demand today I'd be hard pressed to find 5% of that without selling property.

 

The court will only be interested in the sum available to you in liquid/cash assets at demand.

[wendyboats]

Mike do you mean date of demand from Capone or Lowlife?

 

 

Capone was as evidenced in August 2008 and Lowlife was December 2012 but in any case I only had income support and later in 2012 foster care allowance, but I could have got money from my ex husband who earns good money and who has endowments and alike, and also any one of our family members could have given me this amount and more.

 

 

But I suppose that's not good enough, although remember here it was never proven that two mobile phone bills were mine and neither one totalled £750..... needed to take me into Bankruptcy, So we are talking an alleged debt of £850.36p Hardly an amount to warrant a Bankruptcy. WB