need advice now!

bradrock

nothing saturday, nothing monday or today, i rang the solicitor and he said he will post another copy, (yeah right). do u think hes hoping to get it past the court date so that i will be classed as not turned up and there fore lose my property?

gettingitsorted

bradrock wrote: »

nothing saturday, nothing monday or today, i rang the solicitor and he said he will post another copy, (yeah right). do u think hes hoping to get it past the court date so that i will be classed as not turned up and there fore lose my property?

It does sound as if they are taking you for a ride,have contacted anyone for proff advice?

Richard_S

bradrock wrote: »

nothing saturday, nothing monday or today, i rang the solicitor and he said he will post another copy, (yeah right). do u think hes hoping to get it past the court date so that i will be classed as not turned up and there fore lose my property?

He's bluffing brad,

You would have had some correspondence from the court by now, I'd ask the Solicitor which court is dealing with the case and I doubt you'll get an answer. If you do ring the court and tell them what's happened and do they have a record of any proceedings being taken against you; they're usually very helpful.

Regards

Richard

bradrock

i did wonder, as i have had nothing from a court and he said it was happening on the 27th of this month, i will find out. tx for reply

bradrock

hi again. ok got a letter finally from the solicitor it says.

re;automotive financial services v Brad langton
petition no; 63 of 2007

we refer to the above matter and to our recent telephone call. we can confirm that a bankruptcy petition was recently issued against u.
a copy of the petition is attached and we have made an application to the court for the hearing to be adjourned as u have now made contact with us.
our instructions are to obtain the bankruptcy order against u at the adjporned hearing date unless we recieve payment of the outstanding petition debt plus costs. the costs currently stand at 1350 and will obviously increase should the matter progress.
we trust this explains the position and look forward to recieving the payment of 6079 total sum outstanding by return.please contact us as a matter of urgency to discuss this matter further.


ok now the date for the hearing is friday coming at 10.00 at my local court. if i go and appear will i get a chance to make an arrangement of payment?

not really sure whats gonna happen?

thanks

fermi

bradrock wrote: »

if i go and appear will i get a chance to make an arrangement of payment?
thanks

Yes. But I'm not sure, along with everyone else whether they are following the correct legal procedure.

For the creditor to petition for your bankruptcy, they must issue you with a Statutory demand, which must be stamped by the court.
You then have 21 days to respond with a fair offer of payment.
See: http://www.debtquestions.co.uk/legal_statutorydemand.php

It seems this (so called) solicitor is trying to frighten and mislead you.

bradrock

the attached pages has a stamp from my local court. i will ring him monday see what he says. but am definately going on friday.

fermi

BTW. A statuary demand MUST be served on you personally. Just putting it in the post will in most circumstances NOT be legal....

From: http://www.insolvency.gov.uk/guidanceleaflets/dealingwithdebt/howtomakesomeone.htm

How do I present a bankruptcy petition?

You cannot just complete the petition and present it to the court. Insolvency law requires that:

* the petition be served on the debtor; and
* statements of truth are lodged at court verifying the bankruptcy petition and that it has been served on the debtor.

You may have to make further statements of truth if, for example, you wish to withdraw the petition. Therefore, to ensure that you meet all legal requirements, it is usual to ask a solicitor to issue a bankruptcy petition.

Here is a summary of the procedure (also see Annex A):

* As the petitioner, you must complete a bankruptcy petition. You should use
either:

a. Form 6.7 - 'Creditor's bankruptcy petition on failure to comply with a
statutory demand'; or

b. Form 6.9 - 'Creditor's bankruptcy petition where execution or other
process on a judgment has been returned unsatisfied in whole or
part'.

i. Use form 6.7 if you have issued a statutory demand but
the debtor has not complied with it.

ii. Use form 6.9 if a sheriff or bailiff acting on a court
judgment has been unable to seize enough assets to
clear the debt.
* You must also complete a statement of truth (form 6.13) verifying the matters
giving rise to the petition. If a statutory demand has been issued, you must
complete a further statement of truth verifying that the statutory demand has
been served (form 6.11).
* The petition is filed (handed in) at court and 3 copies made for the following
purposes:
* one to be served on the debtor (see below);
* one to be attached to the statement of truth (form 6.13) verifying the matters that led to the petition; and
* one to be served on any supervisor of an individual voluntary arrangement of the debtor.

A deposit and court fee is payable on presentation of the petition (see below).
* The court then fixes the place and date when the petition will be heard. Normally there must be at least 14 calendar days between the petition being served on the debtor and it being heard in court.
* A copy of the petition must be served on the debtor in person. If this is not possible the court can, on application, order that the petition be served on the debtor by alternative means, such as by post. This is known as 'substituted service'. A copy must also be sent to any supervisor of a voluntary arrangement. Immediately after service, the petitioner must file at court a statement of truth
verifying service of the petition (form 6.17/6.18).
* If the debtor wishes to oppose the petition, he/she must give the court a statement of truth at least 7 calendar days before the hearing.
* On the day of the hearing, you must prepare a list of people intending to appear at the hearing for the court, using form 6.21.
* At the hearing, you (the petitioner), creditors (who have told you they intend to appear), the debtor and any supervisor of any voluntary arrangement all have the right to be heard. The court can then:
o stay (delay or stop) the proceedings;
o dismiss the petition;
o adjourn (postpone) the hearing; or
o make a bankruptcy order.

All the forms are in the Insolvency Rules 1986 as amended, and you can get them from legal stationers - see Yellow Pages. Some of the forms are available on The Insolvency Service website at https://www.insolvency.gov.uk where you can print them off for completion.

From this it would appear the the solicitor is talking Bull%%%%%!!!

Please take some legal advice from the sources in the link on statutory demands.