need help with creditors petition

peachyprice

But Connaught should never have petitioned in the first place as Maz was willing and able, and offered to pay, therefore it must be unfair that Maz should have to pay the fees for an unnecessary petition.

I would be tempted to take the solicitors to small claims court when you get back from hols Maz.

rog2

Debt_Monkey wrote: »

Petition costs are usually between £1,000 and £3,000. They are fairly high as they include the legal fees for the petition, the costs for serving the petition and the bankruptcy petition deposit.

Court 'Petition' costs are £590.00 (Fixed). Associated Solicitors fees, in my case were an additional £1,500, are normally broken down into fine detail, including attendance fees and disbursements. This information should be made available to the plaintiff.

mazlass

I've paid in full today so just going to wait untill friday to phone the court and make sure they have withdrawn the petition. I've notified the solicitors so i am presuming that's what they will do or else it's going to be a daytrip back to court on Monday! Thanks everyone.

fiveyearplan

Thats good news but if you can't get through to the court before Monday, a trip down there will give you peace of mind - and don't forget proof of payment.

mazlass

Hi guys, need your advice again please. I recieved an email today from Moorhead James, Connaught solicitors, and it says that they thank us for our payment of £2111 which pays our costs in full but they will still be sending their representative to court on Monday who will be asking the Judge to dismiss the petition. I phoned the solicitors and they said we should attend in case any of our other creditors turn up and take over the petition. Does this happen? We really don't want to have to come back from holiday if we can avoid it.

We were planning on sending a copy of the email and proofs of payments to the court, just in case.

Any help greatly appreciated.

fiveyearplan

When do you start your holiday? Do you have any other creditors?

mazlass

Go on saturday. Yes, quite a few creditors.

Richard_S

mazlass wrote: »

Hi guys, need your advice again please. I recieved an email today from Moorhead James, Connaught solicitors, and it says that they thank us for our payment of £2111 which pays our costs in full but they will still be sending their representative to court on Monday who will be asking the Judge to dismiss the petition. I phoned the solicitors and they said we should attend in case any of our other creditors turn up and take over the petition. Does this happen? We really don't want to have to come back from holiday if we can avoid it.

We were planning on sending a copy of the email and proofs of payments to the court, just in case.

Any help greatly appreciated.

Hi Mazlass,

I've never heard of anybody taking over a petition brought by somebody else; it's not the way the system works.

I would certainly take legal advice to put your mind at rest, but you must have spoken to the office junior at the solicitors who brought the action.:rolleyes:

Richard

fermi

Richard_S wrote: »

I've never heard of anybody taking over a petition brought by somebody else; it's not the way the system works.

Apparently it can happen under some circumstances.

The Insolvency Rules 1986

See page 242.

fiveyearplan

I think I'd want to be in court to see for myself and defend myself if necessary.

Where are you going on holiday?