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forced into BR by an old friend

2

Comments

  • stebiz wrote: »
    The way I see it (and I may be totally wrong) but if you are declared bankrupt, you will be allowed to run your business as a sole trader, with a basic bank account. Points 5 and 6 suggest this on

    http://www.just-debts.co.uk/bankruptcy_faq.html

    Now if he insists on making you bankrupt and you have no house, he will be an unsecured creditor, and will be paid in accordance, with the law. This could in effect mean that your debt may be wiped off.

    He would be a fool to make you bankrupt!!


    Many thanks I know and this is what I have been advised however when offered him 30K he would not accept - I have had nasty texts saying " I ll see you with nothing" and " you ll have nothing when I m done" so I think this is personal or jealously from his partner - not a nice person to do this anyway admit after 24 years.
    if I explain at hearing at court that I dont want to go BR and offer to pay 20K now is there a chance that judge would suspend interest and allow me to pay balance over installments - how can I get this agreed?
  • I would take a trip down the CAB or a solicitor who offers 30 free minutes if I was you. If they are sending you text messeges like that and it can be shown that they are from a mobile phone owned or primarily accessed by them, then it could constitute harassment in one form or another.

    This would of course only bring cause to strengthen your case that there is underlying motivation to someone pushing for your bankruptcy beyond sensibility.
    Signaller, author, father, carer.
  • I would take a trip down the CAB or a solicitor who offers 30 free minutes if I was you. If they are sending you text messeges like that and it can be shown that they are from a mobile phone owned or primarily accessed by them, then it could constitute harassment in one form or another.

    This would of course only bring cause to strengthen your case that there is underlying motivation to someone pushing for your bankruptcy beyond sensibility.


    thank you - i have written this for judge to read however he clearly did not read much correspondence - dont think he could see well ! I am really looking now to see what I can do at this stage - if at the court hearing I can say that my situation has changed and that business is better this year than last year and offered 500 pcm and interest stopped do you think I have a chance to sort this out? I DO NOT WANT TO GO BR.
    thanks

    How am I best to address this? I have a solicitor now and am seeing him again on wed however he is saying br wont be as bad as I imagine however I m only 42 and want to buy a house in future so dont want 6 yrs of bad refs
  • SouthCoast
    SouthCoast Posts: 1,985 Forumite
    Business Debtline can be found here:

    http://www.bdl.org.uk/
  • pelirocco
    pelirocco Posts: 8,275 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Do you have a signed agreement ? , I know as a business we cannot charge interest on any late payments unless its been agreed , so not sure a private agreement can either.

    They would have to prove the debt , so the first thing you should do , re the petition is to deny the debt / amount outstanding, this will buy you time
    Vuja De - the feeling you'll be here later
  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    pelirocco wrote: »
    Do you have a signed agreement ? , I know as a business we cannot charge interest on any late payments unless its been agreed , so not sure a private agreement can either.

    They would have to prove the debt , so the first thing you should do , re the petition is to deny the debt / amount outstanding, this will buy you time

    From the information available I think that his will be too late.
    It looks as though there is indeed a court order and interest if claimed is allowable.
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • gordikin
    gordikin Posts: 4,422 Forumite
    You owe the money...you've admitted that... pay it!
  • tigerfeet2006
    tigerfeet2006 Posts: 14,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Gordikin, she is [EMAIL="bl@@dy"]bl@@dy[/EMAIL] trying to pay it, the moron is refusing to let her and wants to make her BR. So get off your high horse and go and play some where else.
    BSCno.87
    The only stupid question is an unasked one
    Loving life as a Kernow Hippy
  • Trollfever
    Trollfever Posts: 2,051 Forumite
    OP's previous posts make interesting reading.
  • Doucam
    Doucam Posts: 1,130 Forumite
    They do indeed trollfever, as soon as I read this one I thought hang on minute surely I read a story like this recently?

    And I did, click on previous posts for more info about this, interesting and confusing as well!
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