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

[42man]

Gizmo....ty i'll email directly with you.....be in touch shortly....anybody know any sympathetic barristers (who don't cost £200 per hour ?)

[PI Guy]

all the ones i know cost cause they're dam good at their jobs

[gizmo111]

Gizmo....ty i'll email directly with you.....be in touch shortly....anybody know any sympathetic barristers (who don't cost £200 per hour ?)

 

Fraid not - last cheap solicitor I knew - got 7 years for defrauding Legal Aid:o

[sequenci]

have you considered help from a law centre?

 

The Law Centres Federation

 

law for the people! or something.

 

in all fairness they are very, very good.

[42man]

zzzz

[42man]

Well I could fight it myself.....this should be interesting...

[greendykes]

I can offer my moral support only..have you contacted any of the specialist on here yet. Sorry if this is a stupid question..try pm them or ask moderator to contact them for you. As I said not much help in the legality department. Wishing you success

[Goldlady]

We have a student law office at local Uni who do work for free and they are backed up by their tutor who is also barrister. Is there nothing like that near where you are? I wonder who our two guests are?

[dannyboy660]

Fraid not - last cheap solicitor I knew - got 7 years for defrauding Legal Aid:o

 

If that's "TR" you're referring to Gizmo, we have a common acquaintance!!!!!

 

'Robin' Hoods of the South West. ;-)

[gizmo111]

If that's "TR" you're referring to Gizmo, we have a common acquaintance!!!!!

 

'Robin' Hoods of the South West. ;-)

 

Spot on;)

[42man]

Just a quick update.....my N244 has been submitted to the court....NO CCA's have come back and all are in default. Although one has said they are requesting it from the 'original' lender. Just awaiting the court date, special thanks to a certain person on here who is assisting me. Went to see the Official Receiver this week who cannot progress fully due to the N244 annullment being submitted. Still feel pretty rotten and angry by this whole affair, but still putting on a brave face.....but feeling more confident. I'll keep the updates coming

[Saffronflowers]

42M - you have been in my thoughts since I have been away - all I can say is stick with it - you will succedd and the success wil be even more sweet. You are a star and you can deal with this and you will be all the more stronger - just look at your avatar!!!

 

SFx

[linz2011]

42 - I have read your thread and feel desperately sorry for you - i am no expert but will support you all the way - there are a lot of good people on here and I am sure you are aware of that. Please keep us posted and I am wishing you all the luck in the world

[42man]

Well interesting day....but as case is continuing I can't say too much...CCA didn't stand a chance at this stage, required to provide affadavit.

 

HUGE thanks to a very special person here and AN OTHER....feel free to pm me...

[Saffronflowers]

42M - not sure from your post if that is good or bad, but am routing for you 100% - I am so thrilled that you have and are recieving the help and support that you soooooo needed.

 

Give your girls a big hug and remember you will be a much stronger person and family at the end of this.

 

Big hug

 

SF and her girls xxx

[sequenci]

CCA didn't stand a chance at this stage.

 

I'll be interested to hear what this means.

[sequenci]

I've sent you something which *may* be of assistance my good man. Well I'm hoping, anyway.

[sosumi]

42Man - subscribing and thinking of you! xx

[sosumi]

whoops - already subscribed.

Have therefore 'tickled' you instead!

[babybear39]

Subscribing...

 

Good luck and best wishes.

[tomterm8]

I'll be interested to hear what this means.

 

From what I can tell, it means that the judge isn't interested in the wilson case, at this stage, and that the OP hasn't used all of the case law available.

 

there IS case law that is very applicable to this situation, but you need to use the top cases, and wilson is only a minor case in relation to bankruptcy...

[42man]

i'd be interested to know of any other case laws TT !!

[tomterm8]

i'd be interested to know of any other case laws TT !!

 

It's all in disorganised, large handwritten file at the moment, I'm pretty sure I'll have to go through it to organise it, and that'll take time.

[sequenci]

Here is the part of the insolvency act which covers annulment. I can't find any case law currently

 

282.

Court’s power to annul bankruptcy order.

— (1) The court may annul a bankruptcy order if it at any time appears to the court—

(a)

that, on any grounds existing at the time the order was made, the order ought not to have been made, or

 

(b)

that, to the extent required by the rules, the bankruptcy debts and the expenses of the bankruptcy have all, since the making of the order, been either paid or secured for to the satisfaction of the court.

 

 

[F1 (2) The court may annul a bankruptcy order made against an individual on a petition under paragraph (a), (b) or © of section 264(1) if it at any time appears to the court, on an application by the Official Petitioner—]

(a)

that the petition was pending at a time when a criminal bankruptcy order was made against the individual or was presented after such an order was so made, and

 

(b)

no appeal is pending (within the meaning of section 277) against the individual’s conviction of any offence by virtue of which the criminal bankruptcy order was made;

 

 

and the court shall annul a bankruptcy order made on a petition under section 264(1)(d) if it at any time appears to the court that the criminal bankruptcy order on which the petition was based has been rescinded in consequence of an appeal.

 

(3) The court may annul a bankruptcy order whether or not the bankrupt has been discharged from the bankruptcy.

 

(4) Where the court annuls a bankruptcy order (whether under this section or under section 261 in Part VIII)—

(a)

any sale or other disposition of property, payment made or other thing duly done, under any provision in this Group of Parts, by or under the authority of the official receiver or a trustee of the bankrupt’s estate or by the court is valid, but

 

(b)

if any of the bankrupt’s estate is then vested, under any such provision, in such a trustee, it shall vest in such person as the court may appoint or, in default of any such appointment, revert to the bankrupt on such terms (if any) as the court may direct;

 

 

and the court may include in its order such supplemental provisions as may be authorised by the rules.

 

(5) In determining for the purposes of section 279 whether a person was an undischarged bankrupt at any time, any time when he was a bankrupt by virtue of an order that was subsequently annulled is to be disregarded.

Annotations:

Amendments (Textual)

F1

S. 282(2) repealed (prosp.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123, 170, 171, Sch. 8 para. 16, Sch. 16

Modifications etc. (not altering text)

C1

S. 282(1) applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II

C2

S. 282(4) applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II

[sequenci]

282.

Court’s power to annul bankruptcy order.

— (1) The court may annul a bankruptcy order if it at any time appears to the court—

(a)

that, on any grounds existing at the time the order was made, the order ought not to have been made, or

 

The above is my issue, surely if it is proven that the debt is unenforceable or whatever, then on ANY grounds the bankruptcy can be annulled.