Debt from the past returns!

[ck101]

Bit of an issue i really need some help with.

. Will list information in date order.

 

2003 - 2008 Ran a small company (pet shop) with my wife as a partnership.

 

Mid 2008 closed company down as it was no longer viable.

 

Offered job in Portugal in late 2008.

Moved in November 2008.

 

Myself declared bankruptcy in November 2008 before we left,

my wife did not because she was ill and was unlikely to work again,

 

 

handed keys back to mortgage company for our house.

 

October 2009 company took myself and my wife to court for £13K debt.

Did not fight as we were out of the country.

Myself and my wife Received CCJ.

 

Wife became pregnant with twins was very ill.

 

November 2009 i was discharged from bankruptcy.

 

November 2009 Other company got a charging order against repossessed house

 

September 2010 Old house resold after we had given mortgage company keys back..

it sold with a mortgage shortfall.

 

Wife gave birth late 2010.

Was in ICU for many weeks.

 

June 2011 returned to UK so family could help us with twins and my wife's recovery.

 

I work from home so i can look after wife and children.

 

 

We now live in rented house, with leased car.

 

 

Wife works for me for around 10K per year (doing my accounts).

 

 

Wife has no bank accounts or joint account etc.

 

This morning received letter from Company with "Notice of Hearing of Application" TO ENFORCE JUDGEMENT.

 

 

This is on the 8th Feb 2017.

 

What should we do?

 

One thing i notice on the Application notice form sent is that the date they say i was made Bankrupt was 27 November 2009 ,

this is incorrect as it was November 2008.

 

Could i get the original judgement Set Aside because

 

1) i was out of the country and they knew because official receiver had informed them of our new address

 

2) One of the defendants was Bankrupt but they got a judgement against me anyway.

 

One other problem

hearing is at 2pm

i cannot make that meeting because i need to pickup my children from school at 2:45pm.

 

I would not like my wife to attend she is still quite ill

(has a heart condition (under treatment) and stress is not good for her).

 

Nothing in the house was purchased by my wife,

if the bailiffs come

can they remove goods that i can prove were purchased by me AFTER the bankruptcy?

[dx100uk]

civil debt

no right of entry to any bailiff.

 

you were both equally liable.

 

what company has sent this 'letter'

 

scan it up to PDF

 

something smells here.

 

dx

[ck101]

Will scan it tomorrow morning..

 

Company is

 

Tollers LLP

Corby

[dx100uk]

Who are their client?

[ck101]

ALF a pet store distributor.

 

Also noticed that when they got CCJ in October 2009 they used my old address.

 

They had received new address in Portugal because they were listed on the Bankruptcy order.

 

My wife and i were living in Portugal from November 2008 to June 2011

 

(i even had the call with the receiver in Portugal, lady had to get permission to do this)

[renegadeimp]

Wait. I they were listed in the bankruptcy then surely the debt is gone.

And even if not, the 6 years have passed so theyll be extremely unlikely to get enforcement orders.

[ck101]

Only myself did the bankruptcy. my wife did not, she was ill at the time and very stressed out.

 

 

We were both listed on CCJ application and our old UK address was used , even though we had been out of the country for 11 months.

 

When i did the bankrupcy my wife was never expected to work again, we were also leaving and she never had much involvement with the business anyway.. Just she was down as a partner..

 

We have also been back in the UK since June 2011, thats 5.5 years.

No request from them in all this time and we have always been on electoral register.

[dx100uk]

bet they aren't the claimant or named on the charge either...

[ck101]

ALF are named on all documents..

[dx100uk]

darn...

 

 

i'm not sure if theres any worth in a set aside because you were not in this country.

 

 

but ofcourse the CO doesn't exist anymore does it?

 

 

can you scan the letter up you have received please to PDF

 

 

follow the upoad

[ck101]

Documents received scanned to PDF.

 

Also i got my dates wrong.. it was November 2009 that we moved to Portugal and were only there 18 months..

ALF1.pdf

ALF2.pdf

[ck101]

ive been thinking.. it might be worth just having my wife go though bankrupcy. She does not have any assets / bank accounts and only work part time (

 

 

Can she go thorough the process without having to goto court, she would hate that..

[unclebulgaria67]

I will ask the site team to move this thread to the CAG general legal Forum. Your attachments will be removed, as they include your personal information.

 

In regard to the hearing, it is only to consider the enforcement out of time. The claimant only had 6 years from the CCJ date to enforce the debt and if they want longer they need a Judge to sanction it.

 

The claim will now be against your wife, due to your bankruptcy.

 

Given that your wife is ill with a heart condition, i think you should ask the claimant to seek a postponement of the hearing.

[ck101]

Its a long term condition she will be on medication for the rest of her life.. Can i go in her place. Or should i just wait to see what happens and if its granted my wife could declare bankruptcy.

[dx100uk]

attachments hidden

moved to general legals

 

 

dx

[unclebulgaria67]

Its a long term condition she will be on medication for the rest of her life.. Can i go in her place. Or should i just wait to see what happens and if its granted my wife could declare bankruptcy.

 

You could go representing her, as long as you confirm this to claimant and court.

 

Bankruptcy may not be necessary. The out of time application for continued enforcement might be declined. From what i have read, the courts normally limit enforcement to 6 years. The claimant has had reasonable time and made attempts to enforce, so i am not sure they will be given more time. I think as long as this application is defended properly, you might not have this debt to worry about.

 

Hopefully those more legally knowledgeable will see the thread and reply.

[ck101]

we have been back in the uk for 5 years 6 moths and heard nothing from them in that time.. we have lived at our current address for 4 years 2 months, we have always been on the electoral register. Before this house we were are previous house 1 year.

[AndyOrch]

They are aware they are out of time to enforce the judgment...hence the requirement for a hearing (this is by the courts volition not the claimants they didnt want a hearing)

 

The fact that they have already executed the judgment by way of a Charging Order in 2009...which for the above reasons (repossession) is now rendered defunct.

They are aware they cant go after you because of your Bankruptcy and are therefore looking to execute against the the second defendant (your wife)

 

You live in rented accommodation with a leased car therefore there are no assets.

Your wife works for you now I assume under self employed basis ? Therefore they cant Attach to Earnings on her salary.

 

Your wife holds no Bank accounts so any attempt at a Third Party Debt Order would be pointless.

 

Your wife will have to attend the hearing...you can accompany her and act as Litigant Friend (make sure you request permission from the court in advance.)

 

So given all the above this leaves very little options left with regards to executing the original Judgment and I am at a loss to what exactly the Solicitor is trying to achieve ?

 

Further Costs Order?

 

Regards

 

Andy

[ck101]

Thanks for all the help..

 

There's a few issues with attending.

 

First is the time, we have to pickup our children (twins 6yo) at 2:45pm hearing is a 2pm in city centre..

Second my wife really should not get stressed because of her heart condition, is there anyway i can go on her behalf.

[AndyOrch]

Thanks for all the help..

 

There's a few issues with attending.

 

First is the time, we have to pickup our children (twins 6yo) at 2:45pm hearing is a 2pm in city centre.. Im sure you can arrange alternative collection by friends /family or ask the school if they could remain until your collection...You wont be in more than 10 mins I assure you.

 

Second my wife really should not get stressed because of her heart condition, is there anyway i can go on her behalf.

She must be present...the court will not accept anything less than death Im afraid...if you dont attend they could push it through...Its vital you both attend to fight this.....it in both your interests..

 

Andy

[ck101]

ah if its a short meetign it should be ok..

[AndyOrch]

ok, would the court allow us the alter the time though?;

 

Possibly...application fee is £100 and you require the courts/claimants agreement....as stated you will be in and out within 10 mins as it should be dismissed.....but only if both of you attend.

[ck101]

Sorry for all the questions...

 

ive received no forms to fill out, is the Application for me to be a Litigation friend? What forms do i need to fill in?

[AndyOrch]

None...simply ring or write to the court were the hearing is to be held.

[ck101]

Ok we went to see the judge today. went in straight away. Judge allowed the enforcement, turns out some house of lords ruling allows the enforcement after 6 years! did not really understand..

 

So bankruptcy petition completed paid and sent off. So was all a big waste of time!