Bankruptcy Order !!! *** WON, TWICE ***

[Docman]

I think the first priority is to get the threat of bankruptcy lifted once and for all. Then you can throw the book at them and their solicitors.

 

On the other hand, if the District judge is incensed enough about their conduct, you might like to ask if he can grant a Civil Restraint order under the Civil Procedue Rule 3.11. The detail is in Practice Direction 3,where at paragraph 7:

 

VEXATIOUS LITIGANTS 7.1 This Practice Direction applies where a ‘civil proceedings order’ or an ‘all proceedings order’ (as respectively defined under section 42(1A) of the Supreme Court Act, 1981) is in force against a person (‘the litigant’).

7.2 An application by the litigant for permission to begin or continue, or to make any application in, any civil proceedings shall be made by application notice issued in the High Court and signed by the litigant.

7.3 The application notice must state:

(1)the title and reference number of the proceedings in which the civil proceedings order or the all proceedings order, as the case may be, was made,

(2)the full name of the litigant and his address,

(3)the order the applicant is seeking, and

(4)briefly, why the applicant is seeking the order.

7.4 The application notice must be filed together with any written evidence on which the litigant relies in support of his application.

7.5 Either in the application notice or in written evidence filed in support of the application, the previous occasions on which the litigant made an application for permission under section 42(1A) of the said Act must be listed.

7.6 The application notice, together with any written evidence, will be placed before a High Court judge who may:

(1)without the attendance of the applicant make an order giving the permission sought;

(2)give directions for further written evidence to be supplied by the litigant before an order is made on the application;

(3)make an order dismissing the application without a hearing; or

(4)give directions for the hearing of the application.

7.7 Directions given under paragraph 7.6(4) may include an order that the application notice be served on the Attorney General and on any person against whom the litigant desires to bring the proceedings for which permission is being sought.

7.8 Any order made under paragraphs 6 or 7 will be served on the litigant at the address given in the application notice. CPR Part 6 will apply.

7.9 A person may apply to set aside the grant of permission if:

(1)the permission allowed the litigant to bring or continue proceedings against that person or to make any application against him, and

(2)the permission was granted other than at a hearing of which that person was given notice under paragraph 7.

7.10 Any application under paragraph 7.9 must be made in accordance with CPR Part 23."

 

 

I think the link is

PRACTICE DIRECTION – STRIKING OUT A STATEMENT OF CASE - This Practice Direction supplements CPR Rule 3.4

[42man]

That is brilliant Doc thank you....

[pt2537]

Hey Bill,

 

i cant really offer any more than has already been said, apart from NO CCA =NO ENFORCEABLE DEBT. so with that in mind i think its fair to say that you have a fairly strong case and my fingers are well and truly crossed for you

 

regards

paul

[tomterm8]

Dear Sir or Madam,

 

RE: Bankruptcy Petition.

 

With regard to your petition, I would like to bring your attention to the following issues:

 

1.ORIGINAL CREDITOR has confirmed they have no record of this account existing, or any documentation showing the outstanding balance or proving any default notice has been issued. A copy of this confirmation is enclosed.

 

Further, I would like to remind you that:

 

1. Your client has failed to provide, on numerous occasions, any copy of the original Credit Agreement; neither (in the absence of any record by the ORIGINAL CREDITOR) can it be said that the original document would have been complaint with s127 (3) of the Consumer Credit Act 1974.

 

2. Your client has provided no evidence that this account is not statute barred.

 

3. Your client has provided no evidence that the alleged amount is accurate, or indeed of how or when it was incurred.

 

Further, there are numerous other legal arguments that have been raised in previous hearings, which you should expect that I will raise.

 

At this stage in proceedings I would like to remind you that I will vigorously defend further legal action, and that I reserve the right to make an application to the Attorney General under s42 of the Supreme Court Act, 1981.

 

Yours Truly,

 

XXXX (type)

[42man]

Brilliant as usual Tom thank you.....i'll keep you posted

[linz2011]

Just looking in 42 and wishing you loads of luck with your case - it seems to be never ending for you - stick with it we are all behind you

[sosumi]

Bill I can't believe you're still having to go through this. xx

[42man]

Letter to opposing solicitor sent out today....

[Saffronflowers]

Any news mate - thinking of you and yours

 

SFx

[42man]

Petition dismissed, the stat demand also falls off automatically, op Solicitor said that they wouldn't have liked to have fought my case, judge couldn't order the adverse information off my default files as the hearing was only related to the petition, however as I already have confirmation in writing, that will be pursued....judge said no to Tomlin order as it wasn't really needed as the agreement between us covered myself. Didn't make any specific comments on the case (not even sure he had read it), my file which is huge, although I did ask him at the end of he had read it and he said 'some of it', I suggested he might like to read it all through as it makes for some interesting reading !! (various offences under Data P Act, OFT breach of rules and CCA1974) I shouldn't have caved in to be honest, but wanted to see this flicked off the radar, the further this has gone on the more confident I was and the more enlightened I have been...Once again a MASSIVE heartfelt thanks to certain people, what you do is simply amazing, you know who you are, and I am forever in your 'debt', please don't stop helping others, I will commit as much time as possible to helping others on here myself, it is the very least I can do....a huge T H A N K Y O U

[tomterm8]

Congratulations.

 

I've changed the title to *** WON, TWICE ***

 

bwahahaha

[pt2537]

Result,for the second time eh,

 

im very very pleased for you Bill

[kfdh1962]

great news for you 42man, well done.....

[Curlyben]

Nice one 42 a SERIOUS result here.

 

I hope Connaught are taking notice !!!

[linz2011]

Yeehar!!! Well done Bill - a huge glass of bubbly been raised for you - you must be so relieved - you are very inspirational to all on here

[jo1lygrngiant]

Way to go Bill! This is the BEST news, I have heard all day!!

 

Awesome result, is all I can say to this one..

 

Be safe

JGG

[FLWLSW]

I have just read this thread from start to finish. What a rollercoaster and all i can say is WELL DONE and CONGRATULATIONS.

What those scumbags have put you through is nothing short of torture. I hope they are taking note. It just shows the power of forums like this.

[haggis_2]

Congratulations 42man, your fortitude and tenacity are an inspiration.

[sosumi]

Hey that's great news 42M!! Well done for getting through it, hope you'll be able to celebrate with your family now! xx

[Darren]

I have just read this thread from start to finish. .

 

Me too - A great read

 

Well Done 42

[Belaflat]

So pleased for you, I just hope the powers that be are taking note and if Connaught are reading this.........UP YOURS..

[spamheed]

Great stuff Bill congratulations nice to see a positive result

[babybear39]

Congratulations YAY

[renegotiation]

Edited April 9, 2011 by cerberusalert
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[Santos L Helper]

Finally the right result.

 

Kind regards

 

Santos