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Made Bankrupt - how to overturn it?


seylectric
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  • 1 month later...
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I just picked this thread today couldn't stop reading. Good luck with your quest, your lass doesn't want to be made bankrupt, it seems to hang round the neck like a noose. Wor lass was made bankrupt on 28/2/2001 and discharged 28/2/2004 and has now fallen off the the credit file because of the six year rule. However, we seemed to cope better then. Beacuse my eldest son is getting married VERY shortly we tried to raise extra funds; there's no chance. Although we managed to keep our property (the OR could pounce though) there is a Caution shown at the land registry. I tried to borrow £3000 off my mortgage company but because of the caution the second word was off. It seems to me that criminals who come out of jail are treated better than honest citizens who lost all their money because of a business failure. Bankrupts will never really have a "clean sheet". Sorry to go on but I realise that many ex bankrupts end up doing well but personally, I think it is something to avoid. Your lass does not want to go down this road. Again, best of luck but the system is sh*t.

 

 

You're not wrong. We lost the case, although basically as Mrs. French has been ill we were asking for a further short adjournment and it was thrown out basically bacause (a) the tosspot doctor "didn't want to get invloved" and refused to give us the letter requested in advance by the court to say she was unfit to attend; and (b) because of that her "illness" claim was disregarded and the judge considered, with a fair amount of badgering from the O.R and the representative from the council, that we had, in the previous 5 months, had the time to repay the amount owed.

 

My pleas that we were having difficulties raising the finance even more because of the fact that due to the illness we had been £140 a week short for the past 4 months, and because of the bankrupcy it was harder to raise the finance anyway fell on deaf ears. I bluntly told the judge that 4k might be a pittance to him and easy for him or indeed most other people to raise in 5 months, but for us it was nigh on impossible particularly under the circumstances we had been forced into.

 

However the fact remains that our case has not yet been heard so a further appeal will be going in, and a possible perjury charge against the process server.

 

Got to go out, but more to follow.

I only mouth my opinion, please look elsewhere for sensible advice! :)

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This has come as a complete shock because although they threatened it several months ago we have had no notification whatsoever of any hearing.

 

How can you be shocked at being made bankrupt when you had severe threats several months ago?!?! (I know its not you being bankrupt)

 

The worse thing you can ever do is ignore them warnings!

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How can you be shocked at being made bankrupt when you had severe threats several months ago?!?! (I know its not you being bankrupt)

 

The worse thing you can ever do is ignore them warnings!

 

You haven't read the whole thread, have you? Do not presume to Judge when you don't know anything about the situation.

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You haven't read the whole thread, have you? Do not presume to Judge when you don't know anything about the situation.

 

Managingdirector

 

Where have you sprung from with your rather insensitive comments. As StoneLaughter says, you can't possibly have read the whole thread. Perhaps you work for Blackpool Council

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  • 4 weeks later...

hi all my dad and brother has had bankcupsy procedings against them at differant stages though for the same debt that was disputed

firstly the first time we found out about my dads was when the bankcrupcy hearing of which we aplied to have setaside and my brothers was the statatury demand of which we aplied to setaside and have subsequently had it set aside as the judge favoured us that the ammount was disputed but we can not go down the same route with my dad because it has gone to far he has just recieved the bankcrupcy order on creditors petition with a mistake on the post code having read all the previose posts i will go to the court to get all paper work regarding this substituted service and hope ther is some mistake.

but obviosly the debt is disputed because the judge has found that upon my brothers but we could not have the judge on my dads case have grounds for a disputed debt to be set aside because of the bankrupcy petition

 

any ideas would be great thanks in advance CB

SETTLED CASES

LTSB (CC) £20 21-8-06

HSBC (CC) £600 19-10-06

HSBC (Ac) No.1 £1900 25-10-06

RBS (CC) £900 25-10-06

Smile (Ac) £1300 17-11-06

A&L (Ac) No.1 £400 23-11-06

A&L (Mortgage ERC) £3900 4-12-06

LTSB (Ac) £200 13-12-06

A&L (Ac) No.2 £120 19-12-06

HSBC (Ac) No.2 £650 29-12-06

LTSB (Business) £1700 13-2-07

RBS (Ac) £4500 + Default Removal 17-3-07

Barclays (Bus) Warrant of Execution 10-3-07 not used yet

ONGOING CASES

Egg (CC) N1 Filed £1300 + Default Removal Judgment Order 9/1/07 In my Favour

Barclays Business loan & 2 accs. S.A.R N1 filed Judgment in Default isued 15/2/07

HSBC (CC) have failed to produce Credit Agreement

TO DO CASES

Egg (Loan)

LTSB (Ac Ltd Company)

LTSB (Loan)

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Managingdirector

 

Where have you sprung from with your rather insensitive comments. As StoneLaughter says, you can't possibly have read the whole thread. Perhaps you work for Blackpool Council

 

Thanks for your ongoing support people.

 

Hey, I could have done things differently. I could have paid them. I could have worked harder or smarter or whatever. We live and learn. The fact remains that at the end of the day there are LEGAL PROCEDURES TO BE FOLLOWED ACCORDING TO LAW and this didn't happen in this case. It is IRRELEVANT how or why we are in this position, the overriding factor is that we did not receive the relevant documantation - I repeat, this is a LEGAL REQUIREMENT - and as such we should not be in this position.

 

Incidentally, Blackpool Council - these are the people that send out traffic wardens at 11pm at night to ticket cars parked in residents parking areas in quiet cul-de-sacs and issue £30 parking fines (£60 if not paid within 14 days). I have witnessed a car being towed away at 9.45 P.m. in an otherwise empty street - WHY???

 

 

 

Ongoing...

I only mouth my opinion, please look elsewhere for sensible advice! :)

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good luck

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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