need help with creditors petition

rog2

mazlass wrote: »

Great advice. I think we will attend, stupid not to. I'll still phone CLA in the morning, see what they think about it.

Please phone CLA - even better, see if they can get someone to go to the Court with you.

Richard_S

Hi Mazz,

Our bankruptcy was creditor petitioned, but we didn't think they'd be stupid enough to go through with it, but neither did we really care, and that's a world of difference to your situation.

We had our solicitor (legal aid funded) make an 11th hour offer of full and final payment which they refused on the basis that it wasn't adequate given the unexpired part of the lease, and they saved us the cost of doing what we would probably have had to do ourselves anyway.

To be a 100% certain that nothing goes wrong it would probably be best if you were there, but you can retain a solicitor to represent you, if that's an affordable option for you.

I do believe in the legal system of this country but there are some glaring faults with it.

Richard

mazlass

I don't think they have anyone local to me or else i would. I've got everything down on paper and the court already has copies of all the documents. I will phone the court tomorrow afternoon just to make sure they have not withdrawn the petition. Thanks rog.

mazlass

Thanks richard, not really an option for us, although it might be cheaper than what it's going to cost us in fuel to get back!

Maz

Richard_S

mazlass wrote: »

I don't think they have anyone local to me or else i would. I've got everything down on paper and the court already has copies of all the documents. I will phone the court tomorrow afternoon just to make sure they have not withdrawn the petition. Thanks rog.

Hi Maz,

You could well find that the petition has been withdrawn, or if it hasn't that it's dismissed on the date of the hearing, but obviously you need to be certain that it doesn't go through by some bizarre twist of fate.

The only way you can do that is by being there yourself, or having somebody represent you.

Richard

rog2

Richard_S wrote: »

The only way you can do that is by being there yourself, or having somebody represent you.

Couldn't agree more. The implications are far more important than a couple of days of your holiday, plus you are only going to be worried sick whilst you are away, when you really should be enjoying yourself.
You can always leave straight after the hearing, and at least you will know one way or the other.

mazlass

Hi all, spoken to comm. legal advice. They said it is unlikely that another creditor would take over a petition, and in our case, would not be able to because they would first have to issue us with a stat. demand. So thats good news.

I phoned court and Moorhead James have not withdrawn the bankruptcy petition so we will have to attend. We have decided to go on hols tomorrow, as planned, and have a day trip to court on monday, then back to holiday. It's not ideal but at least we will have peace of mind.

Thanks again to you all. I'll keep you posted.

Richard_S

Hi Mazz,

Under the circumstances and with what's at stake, I think you've done the right thing; peace of mind does count for an awful lot.

And you'll be able to ejoy your holiday without worrying what's going on at Court.

Richard

fiveyearplan

I think you'll enjoy your holiday much more once you know the court stuff is behind you. At least you booked somewhere near enough to be able to 'take a day trip'!

Have fun.

mazlass

fiveyearplan wrote: »

I think you'll enjoy your holiday much more once you know the court stuff is behind you. At least you booked somewhere near enough to be able to 'take a day trip'!

Have fun.

For once, that was great planning for me!!:T