Been to court today...........

Denzel1989

Went to court today to petition for bankruptcy and the court clerk wouldnt let me do it as i havent had my papers checked?

Has anyone ever heard of this? Ive spent an awful long time filling them all, checked and rechecked.

He then sent me to CAB office and they cant fit me in for two months, how long does it take to look at some papers!!!

Anyone else other than CAB that can look at the papers?

I personally know, a barrister, a judge and an insolvency practitioner, could any of these people look at my paperwork?

Regards Daniel

nottoolate

thought they only refused it if you hadnt taken professional advice?

Denzel1989

Thats what ive thought, but ive had advice from my accountants, solicitors an insolvency practioner and step change.

But the clerk said that the judge could bin the paperwork if it hadnt been checked or if there was something wrong and i would lose my £705.00 associated fees.

Thing is i dont know how there can be anything wrong, i have zero assets my income is nil most of the forms are blank.

nottoolate

sounds like the clerk is just being an idiot then

McKneff

nottoolate wrote: »

sounds like the clerk is just being an idiot then

I think you could be right.


:rotfl::rotfl::rotfl:

Denzel1989

So what do i do then? ive phoned all CAB offices around here, 4 didnt answer the phone, and the rest couldnt fit me in for an age, just go back to court and risk it?

TheGardener

I would call StepChange, they may be able too advise over the phone - this sounds very strange - who would they expect to check them?? I would go back and insist your petition is accepted unless they can tell you exactly who or what they actually think you are missing.

thelionel2000

When I went BR the only people to go through the paper work was me and a family member, a court official and the judge. I got asked if I had taken advice which I had from Step Change.
Would surgest contacting the court tomorrow and get them to clarify what they meant by what they said. Also speak to step change and see what they say, they may do a review and agree with you straight away.
They have been a massive help in the past years with me.

macbabypam

no one asked me if I'd had my papers checked either, they only wanted to know if I had taken comprehensive advice about BR. I would do as the others have said and ring the court, ask to speak to the bankruptcy clerk and clarify exactly what she meant.

If all the paperwork was completed and you told them you have spoken to Stepchange I don't see what the problem could be. Is there another court in your area you could try?

Denzel1989

Hello all,

I rang roger the court clerk whilst i was in CAB office and told him that they are pretty clueless and couldnt fit me in for a long time anyway, he then said well i can get you in front of the judge but if he says the paperwork is no good you will lose your money......which is scandalous as i am exempt from the £180.00 court fee anyway, and i dont see why the OR keep the £525.00 when, as at this stage they have done naff all and are not even involved yet?

TheGardener

Sounds like you have either a clueless court official or this person is not conveying to you what the problem actually is. You will be asked by the judge if you have taken advice about going BR and understand the options and consequences - not whether someone has gone through your petition with a red pen correcting your maths, grammar and punctuation!!
I don't know if any of the board pro's are around this afternoon but it sounds to me like the court official is misunderstanding what "taking advice" is about.
I had a bit of a meltdown the day before court with the paperwork and I have to say a chap at StepChange who went though the forms with me over the phone was a life saver but it wasnt part of the deal at court that they had to be 'checked'