need help with creditors petition

fermi

Well, we've been discussing what technically could happen, but in practical terms I think it is a tad unlikely even if it was technically possible.

Personally I wouldn't trust a debt collector or their solicitors as far as I could throw them, and as such I would want to attend.

But see what your legal advice comes back with.

fermi

Richard_S wrote: »

Ooooops, sorry sir,

Is it the cane again or lines?;)

I'll call BLTN.

I only think that is the case anyway.

None of us are legal experts on here, so ..........................

mazlass

Just re read Fermi's post. Does it mean that another creditor would have had to already served us a stat demand? If thats the case we have only the one stat demand from Connaught.

Richard_S

fermi wrote: »

Well, we've been discussing what technically could happen, but in practical terms I think it is a tad unlikely even if it was technically possible.

Personally I wouldn't trust a debt collector or their solicitors as far as I could throw them, and as such I would want to attend.

But see what your legal advice comes back with.

On a serious note, I agree wholeheartedly with that fermi,

The chance of one creditor realising that another has issued a bankruptcy petition are less than negligible, and I'd want to be in Court to try and get the costs of a wholly inappropriate petition returned to me.

Having said that, I wouldn't want to spoil a holiday if there was some way I could reassure myself that it wasn't going to happen.

Rich

Richard_S

mazlass wrote: »

Just re read Fermi's post. Does it mean that another creditor would have had to already served us a stat demand? If thats the case we have only the one stat demand from Connaught.

Hi Mazz,

As fermi has just said we're not legally trained or qualified. In theory, we could find the correct regulations and case law and misinterpret their application.

You really do need proper legal advice.

I can't believe that you're liable for the solicitors costs either, you demostrated the ability and willingness to settle the debt and for them to continue with legal action is just negligence / incompetence on their part.

Richard

fiveyearplan

Richard_S wrote: »

Having said that, I wouldn't want to spoil a holiday if there was some way I could reassure myself that it wasn't going to happen.

Rich

My sentiments exactly!

fermi

Richard_S wrote: »

As fermi has just said we're not legally trained or qualified. In theory, we could find the correct regulations and case law and misinterpret their application.

Yep. I agree with that.

For example, I've just had a look to see if I can find an answer to your question, and found apparently contradictory information.

Because creditors petitions like yours are so rare, this is not something we have had cause to become particularly familiar with.

mazlass

Lets hope they don't become common because i wouldnt wish it on anyone. Maybe because we took the stat demand so seriously they thought we would be a good bet to get the money and costs out of us. If we had ignored it, like so many others, they might have thought we had nothing to lose.

Thanks guys, your great.

rog2

Hi maz - I haven't been around this evening and have just seen your thread. :eek:
I really am quite amazed at what the solicitors have told you - nothing really surprises me when CC are involved - I can see what fermi and richard are saying. My bankruptcy was creditor petitioned and, as it was HMRC, probably had more publicity than yours. I went to the Court (High Court) and yes the HMRC solicitor/agent was there - in fact she was quite surprised to see me - and she told me that they were applying for a six week 'stay', to which I replied that this would make no difference whatsoever as I did NOT have the money to pay what they were asking - my br went through, but there were none of my other creditors at the Court.
Personally I can see no real reason for CCs solicitors to even be at the Court, as this is something that the clerk of the court should be able to deal with, but if, as they have said, they do intend to be there, I would strongly reccomend that you also attend.
And you must, especially in the light of what has happened today, get some legal advice over the whole way that this has been 'handled'.
Good luck.

mazlass

Hi rog,thankyou for sharing your experience with me. Gosh, High court, how did you cope? Great advice. I think we will attend, stupid not to. I'll still phone CLA in the morning, see what they think about it.