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UK-Justice
UK-Justice, Barrister
Category: UK Bankruptcy Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I am helping someone in court - they have been made bankrupt

Customer Question

I am helping someone in court - they have been made bankrupt in 2011 and are about to be evicted on Oct 11 2012. I have sent in an apllication for adjournment on form n244. Can the hearing applied for be arranged before the eviction date? She was made bankrupt over a debt of £3,500 taken out by a loan from Lloyds tsb in 1999. This debt has been sold on and on and on and charges have accumulated. The final loan company who bought the debt have sent a statutory demand that was incorrect. It should have been statute barred but they produced flimsy evidence that a payment was made that bought it within limitation. The original loam had business repayment insurance. The bank refused to pay out on the loan after she was unable to pay due to ill health and her buinsess closing due not to her fault. This insurance should have covered the loan repayments but did not.

We are also trying to get llyods or the courts to force llyods to cover this.

My further questions are do you think we will get adjournment and if so what do i need to say in court. Also can we apply for bankruptcy annullment again and how hard is it to get.

What also is the court procedure on the day of the hearing what do i have to do to jhelp my friend





The thing is she has now been made bankrupt and has had two applications to annul the bankruptcy throw out of court.
Submitted: 2 years ago.
Category: UK Bankruptcy Law
Expert:  UK-Justice replied 2 years ago.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

What is the basis for adjournment?
Customer: replied 2 years ago.


basis for adjournment is:


 


an action against llyods tsb for not enforcing the insurance policy (specific performance) under misrepresentation


 


an action against the debt enforcement company who bought the debt for fraudelent misrepresenation


 


and an action to annul the bankruptcy


 


i am correct in saying if the bankruptcy is annulled then she will not have to pay anything and her house will no longer be respossed


 


is all i have to do is anul the bankruptcy or do i have to take on llyods and the debt company? or is proving to the bankruptcy court that the application order was unsafe enough to get it lifted?

Expert:  UK-Justice replied 2 years ago.
I do not understand the link between the bankruptcy and eviction?

Why has she waited until now to contest the bankruptcy?
Customer: replied 2 years ago.


it says in my original posting she has had 2 applications to anul thrown out - she has not prepapred properly and 1st her solcitor didnt turn up and 2nd one she did herself.


 


the bankruptcy was made as the debt company have charged 30,000 in fees to collect a 3000 debt and the joint recivers have added their fees as well. She owns her own home and there is equity in the house, so they have been granted an order to evict her and sell the house.


 


hope that makes sense now? thanks

Expert:  UK-Justice replied 2 years ago.
Did she apply to set aside the original statutory demand or original bankruptcy petition?
Customer: replied 2 years ago.


original bankrutcy petition - any ideas on how to procedd?

Expert:  UK-Justice replied 2 years ago.
Did she apply to set aside the original stat demand?
Customer: replied 2 years ago.

i dont think so? but it is the stat demand that was inherently flawed as it does the account number and "thing" it refers to are wrong - she never had a credit card - it was a business loan and the stat demand refers to a credit card". i know that the bankruptcy was applied to be set aside - the debt comapny had it adjourned as they said its not statute barred then produced some flimsy evidence - a print out showing that misacellenous payments were made 2 years after the last payments were made. - these were not even challenged properly or at all - how were they made - where is the evidence of payment - reciepts etc

Expert:  UK-Justice replied 2 years ago.
The difficulties I see are this.

A. The stat demand was not applied to be set aside.
B. the petition was not contested
C. There were two applications to annul

The application to annul will really depend on the judge, the problem you have is that she has applied twice before.

If I were the other side I would say it was an abuse because of the above reasons.

But you may get a sympathetic judge. If the debt is statue barred then you may be ok,

But to be honest you do face an uphill struggle because it looks like she wants another bite of the cherry.

I hope this helps.



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Customer: replied 2 years ago.
Hi thanks

What is the procedure in court, what do I say to the judge who do I speak to ? The clerk of the court? Is the judge I call sir or madam? Do I put her on the stand and ask her questions ? Will she be cross examined on the other side? Do I put questions to her? Does she have to be there? Can I claim costs? Do I tell this judge we are submitting another application for annulment of bankruptcy. Do I have to show lots of evidence as to where she has gone wrong before and it's not her fault? Is the judge going to say well she has had legal representation before, I can't see why I should adjourn the eviction... Can I say she has never been properly legally represented and on the first occasion no one even turned up to defend her from the petition. Is the judge goons say I don't care to that? Or is that a good ground as to why eviction must be postponed so I can say that this goes against the rules of natural justice if she is evicted then she will not be able to be put back in the position she is now .... Etc.... To annul bankruptcy is it enough to show the petition was unsafe or do I have to try court action against lloyds and the debt company win that then put that in as proof against the bankruptcy..... And finally they have given me a court date for her on tue. Can I speak to the joint trsutees by phone before that and try and agree an adjournment on the basis of the actions I am taking or will this give away the element of surprise in court Away....- I have attached evidence in the form n244 anyway.... Which they will get a copy ...off? Could you please answer the above points properly then I will gladly pay and rate high... Your previous answers don't tell me anything I don't already know. Thanks again sir/madam
Expert:  UK-Justice replied 2 years ago.
You will speak with the judge, the judge will ask you questions and you answer them. You have to say why it should be set aside. Male judge - sir. Lady judge - madam.

There will be no stand. Your friend just gives evidence and she can be cross examined. You can only claim costs if you have told the court you are on record and even then only £18 an hour. The judge will know why you are there and should have read the papers. Yes the judge may well say she was represented before.

You have to show show the petition was unsafe and why, so yes court action is good.

You can try and speak to the trustees. They will get a copy of the application.


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UK-Justice, Barrister
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and 3 other UK Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
Can u pls answer the questions I have posed in relation to the bankruptcy annulment u missed them out in ur reply
Expert:  UK-Justice replied 2 years ago.
What Specifically so I can make sure I do not miss them?
Customer: replied 2 years ago.
To annul bankruptcy is it enough to show the petition was unsafe or do I have to try court action against lloyds and the debt company win those court actions and then put that in as proof against the bankruptcy..... Will that then stop people trying to get her house sold?

Also..

If the stat demand was not set aside is it too late to get that set aside or argued?

Expert:  UK-Justice replied 2 years ago.
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Customer: replied 2 years ago.
onw last question - i gave a letter without prejudice save as to costs to the other side - i now wish to show the courts this letter tommorow, as it shows that i explained what our grounds for adjourment are as i made a mistake in the original application form can i show this letter? can i just delete the without prejudice? and show it?
Expert:  UK-Justice replied 2 years ago.
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Customer: replied 2 years ago.


Thank you for all your help. I will be keeping you updated and posting new questions in due course for some guidance throughout this and other processes.

Expert:  UK-Justice replied 2 years ago.
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Expert:  UK-Justice replied 2 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 2 years ago.
Hiya

Faced a big problem, we were up against the judge who granted the bankruptcy and refused the annulment, but he gave us one week stay of eviction, he said we can't pursue any of the actions unless we get consent of the trustee to pursue those actions. So our application is hopeless but he still gave us a week to sort something out, Is that right? Not always I think? Also she has a personal injury claim, I said if it's settled quickly it could go to discharge some of the costs, but the firm on the other side said it's now the trustees claim and she can't progress without there consent. I think thatswrong as on the net it says they can't keep all of it if it's a personal injury?
Expert:  UK-Justice replied 2 years ago.
Personal injury I am sorry to say is not my thing
Customer: replied 2 years ago.
But in bank rutcy law are all rights vested in the trustees can she bring a claim herself?
Expert:  UK-Justice replied 2 years ago.
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