My day in court...

fool_with_a_pen_75

Don't want to disappoint some of you with not very useful information as today was not what I expected...for those of you that don't know I was being petititioned into bankruptcy rather than declaring myself bankrupt.

You will not believe this but the other side did not show at the court so it was struck out!!!!! To anyone else in this position this would be seen as a blessing, the judge said it was my lucky day but as this was the end to all of the other crap hanging over me I am not so sure!!!

What it basically means is that if that company want to secure the debt they have to go back to square one...stat demand and then br proceedings again costing them a lot of money...so hopeful it may not happen but unfortunetly all the other things I can't get my name off ( I signed some guarantees to do with a job I had in 2006...stupid!!!!) are left in limbo too!!!! so they too could choose to do proceedings at anytime whereas if i had gone BR it was likely that they would have not bothered!!!!!

SO not really sure where that leaves everything...I should be happy but I am not sure plus I did not pay my credit card this month and now I have a missed payment charge too!!!!! typical!!!!!!!!

So back to playing the waiting and hiding game...

In terms of what the day was like....waited about 40-50mins in waiting room, bit like a dentists really magazines on the table etc very relaxed atmosphere...other people there seemed to all be going throught BR but again all petitioned, all seemed to be discussing possible outcomes!!!! Went into see the judge, very nice lady, who said that her preferall option was to strike it out as the otherside had not bothered to show...she did ask me if I wanted to ajorn but you could tell she thought that she was helping me by striking it out!!! which in a way maybe she has, don't want to sound ungreatful!!!!! was asked uf I wanted to claim costs but at this piont I was still reeling from the stiking out that I said no!!!! maybe I should have said yes to put the knife in!!!!!

Sorry that I can't shed more light on things as I know some of you in the same situ were hoping I could help more.

If I do go back to square one I will share more info with you all.

Good luck to everyone on their journeys will be thinking of you all!

Puzzledbubbles

Hi Fool,

I found your post as promised

Im not sure about being petitioned and what all of that means but i hope that you are able to sort things and will be able to find the light at the end of the tunnel soon.

Que Sera Sera

Puzzlesd

xx

DON79

Hi fwap, sorry to hear that it did not go ahead today - can you maybe try raise the funds to declare yourself bankrupt? Do you think that BR is the best option for you?

Sorry again that things did not go the way that you expected.

Donna

philnicandamy

Hiya FWAP sorry to hear things went a bit pear shaped....creditors huh? GRR!!!

Hopefully there's an end to it all in the not too distant future for you

So_Sad_Angel

Hi...I have seen this situation a couple times recently.

I reckon its another creditor tactic to make you pay up. ie - threaten with court & hope that you pay the balance beforehand.

If you are in a BR position & thats the best route for you can you scrape the money together to do it yourself & end the matter once & for all ???

Angiex

Lensman_2

I wonder if there is a way to negate the stautory obligation of a debt if a creditor does not turn up in court (or ask for an adjournment) for legal proceedings upon it.

Now that would be a result... Statute barred!!!

CliffandSarah

O MY GOD!

Poor you...or good for you which ever is the best thing for you!!!
However you have made me ten times worst now!!!:eek:
I am in Court tomorrow at 3pm and do you know from the start I thought this was all a little bit too good to be true...because the solicitor who is making me Bankrupt knew my financial situation from the word go and knows that he will not benefit 100% due to the fact that his £2k debt he is making me bankrupt for is pennies compared to the £45k debt we are in (not including the shortfall on our mortgage after we handed back to the mortgage company) We only did this so we could rent and save money each month!!! and because we knew we were going Bankrupt...and to be fair going bankrupt is making us better off believe it or not...as Citizen Advice takes 100% of our disposable income at the moment to pay our creditors the OR can only take a maximum of 70%...but anyway My case worker at Citizen Advice could not see how or why the solicitor was going to make me bankrupt it never made sense...he was always really smug and insulted me so much sometime he had me in tears on the phone - he is a bully.
I have said from the start he must have something up his sleeve and knowing him this is what he is going to do...I wasnt aware that if the other party didnt turn up there is a strong chance it will get dismissed...I really wouldnt be surprised if he does this to me...because he will know that we gave up the house etc and he probably thinks we have missed payments too thinking it was a sure thing (but we havent) So we will be worse off.
Well hey ho...we will see what happens tomorrow and I will let you know!
If this is the case I will have to make myself bankrupt because with the house shortfall our debt is huge!
Gonna have a LARGE glass of wine now...thanks for the update / warning though fool :T

Sarah x

karma_police

Sorry to hear this, what an awful thing when you have worked yourself up for it mentally and for them to do that to you. Just confirms that these people are scum of the highest order and take delight in treating people in the worst possible way they can.

I hope that you can get it sorted soon.

fool_with_a_pen_75

CliffandSarah wrote: »

O MY GOD!

Poor you...or good for you which ever is the best thing for you!!!
However you have made me ten times worst now!!!:eek:
I am in Court tomorrow at 3pm and do you know from the start I thought this was all a little bit too good to be true...because the solicitor who is making me Bankrupt knew my financial situation from the word go and knows that he will not benefit 100% due to the fact that his £2k debt he is making me bankrupt for is pennies compared to the £45k debt we are in (not including the shortfall on our mortgage after we handed back to the mortgage company) We only did this so we could rent and save money each month!!! and because we knew we were going Bankrupt...and to be fair going bankrupt is making us better off believe it or not...as Citizen Advice takes 100% of our disposable income at the moment to pay our creditors the OR can only take a maximum of 70%...but anyway My case worker at Citizen Advice could not see how or why the solicitor was going to make me bankrupt it never made sense...he was always really smug and insulted me so much sometime he had me in tears on the phone - he is a bully.
I have said from the start he must have something up his sleeve and knowing him this is what he is going to do...I wasnt aware that if the other party didnt turn up there is a strong chance it will get dismissed...I really wouldnt be surprised if he does this to me...because he will know that we gave up the house etc and he probably thinks we have missed payments too thinking it was a sure thing (but we havent) So we will be worse off.
Well hey ho...we will see what happens tomorrow and I will let you know!
If this is the case I will have to make myself bankrupt because with the house shortfall our debt is huge!
Gonna have a LARGE glass of wine now...thanks for the update / warning though fool :T

Sarah x

hi Sarah,

think that you will be on your way to court as I am writing this....really have my fingers and toes crossed for you!

Still can't believe what happened yesterday not sure yet if it is good or bad really. Lets hope that yours does go thru so that you know where you are.

Strange that people have mentioned hearing about this sort of thing...I had no idea that it was a possibility!!! Almost feel off my chair when the judge said so!

Well will be waiting for your post later...good luck

FWAP

fool_with_a_pen_75

karma_police wrote: »

Sorry to hear this, what an awful thing when you have worked yourself up for it mentally and for them to do that to you. Just confirms that these people are scum of the highest order and take delight in treating people in the worst possible way they can.

I hope that you can get it sorted soon.

thanks Karma, really appreciate everyones comments...you are right was so ready for the big br mentally nevermind will have to see what happens next!

fool_with_a_pen_75

Lensman wrote: »

I wonder if there is a way to negate the stautory obligation of a debt if a creditor does not turn up in court (or ask for an adjournment) for legal proceedings upon it.

Now that would be a result... Statute barred!!!

Lensman, that is a really interesting point! will have to look into it...there is some talk of these sort of debts being covered by insurance for these companies...ie they need to get closure on a file for the insurance to pay out and this is one way of doing it...they either scare you sh**less into paying or get a piece of paper stamped from the court showing they pushed it as far as poss...anyway going to see what happens next!