Jump to content


Failed bankruptcy petition


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5264 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I wonder if anyone could give me a bit of advice about whether I've got a case against my ex-landlord and/or their DCA over a failed bankruptcy petition? They were warned it was misconceived on a number of occasions, but ignored my letters. The whole issue has caused massive stress to myself and my family at an already difficult time for us.

 

To cut a long story short we moved out of a rented property in Jan 2006 at the end of the AST, and an agreed inventory was made with the agent. We owed two months' rent due to my serious illness but agreed direct with the landlord that they could retain the deposit to pay off some of it, and we'd settle the remainder (£750). A month later we got a bill for £3,200 (:o) including charges for items not on the inventory and massive DCA charges and interest! This was from a DCA and threatened bankruptcy - it was the first time we'd seen this bill or heard from the DCA. Over the next four months we argued the toss, with the landlord and the DCA constantly threatening bankruptcy in writing and the landlord eventually agreed (in writing) that we actually only owed £540 (we had paid some of the £750 off in the meantime). We couldn't pay this off in one go, so sent them a copy of our financial spreadsheet and offered instalments. They rejected this offer in writing and said they'd go to the county court for a CCJ.

 

A month later we received a statutory demand for £1,143.00 (:eek:), which included the £540 we did owe and more charges and interest. I didn't apply to get this struck out, but waited until the bankruptcy petition was issued and then issued a defence. The DCA's solicitor didn't respond to this and when we got to court in November 2006 the judge was not a happy bunny. He adjourned the case until Jan 2007 for the petitioner to submit a response and invited both of us to submit a skeleton argument.

 

I submitted my argument, using the penalty charge defence and stating that a bankruptcy petition should never have been issued as the amount I owed was under £750. I argued the petitioner was well aware of this, as I had informed them I would be using this as a defence before the bankruptcy petition was issued. A week before the hearing I received a letter saying that the petitioner would be prepared to withdraw the bankruptcy application if each side agreed to pay their own legal costs (I didn't have any). I replied I could not agree, as they had proved themselves untrustworthy and I sought the protection of the court.

 

I submitted a bundle for the judge's attention just before the hearing, but the petitioner did not show up. The judge was spitting feathers and struck out the bankruptcy petition. He also said to me that he enjoyed reading my skeleton argument and that the court certainly would have had the issues raised in it 'very much in mind' when considering the case (;)).

 

We still owe £540 and there is stalemate here - we haven't heard a peep from the landlord. I have been reading about malicious prosecution, which seems to cover misconceived bankruptcy action, but this seems a very difficult path to tread! We do have some costs (time and effort) but I really am wondering whether there is any action we can take to reflect the extreme stress their unlawful actions have caused?

 

Sorry for writing 'War & Peace' - I was meant to be cutting a long story short! :)

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

Link to post
Share on other sites

Excellent, very well done! :):)

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

Link to post
Share on other sites

If they've gone quiet then in my humble opinion I'd leave it at that.

 

You, quite reasonably, want some compensation but also recognise that you still owe £540. You might be best just letting the matter drop.

 

My personal opinion, nothing more. But kudos for taking them on in the first place! :D

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

Link to post
Share on other sites

Thanks guys. It was very stressful but also (admittedly!) quite enjoyable too....the Court bit was very interesting and both judges were fantastic.

 

I reckon that's sound advice djdave. However I'll check my credit rating to see if they've screwed that up (not that it's not screwed up already :) ) - might take a different view if they have!

WOOLWICH -S.A.R - (Subject Access Request) sent 03/03/07 :cool:

LBA sent for non-compliance with Data Protection Act 28/04/07 :mad:

 

ABBEY - S.A.R - (Subject Access Request) sent 03/03/07 8)

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...