Debtor intending on going bankrupt after running up Huge legal bill!

spootlad

I have just gone through 2 years of the worst nightmare I could imagine. Taken to court on a rubbish claim which has cost me in the region of £27k to defend. The court threw the pursuers case out as the court saw the claim for what it was. The pursuers are elderly and have no intention to repay my legal costs, they simply intend to go bankrupt as they appear to have no assets. I dont believe I can prevent them doing this but the irony for me even though I won hands down is that there is every likelyhood that I will go bankrupt because of my inability to pay the debt of £27k incurred to date! Is it possible to get access to their private pensions, benefits, any future life insurance payouts? Desperate does not describe this situation!

Rrushi_Shqiptar

Have the courts found in your favour for costs, maybe they might have to pay your bill for you out of any estate or assets they have?

I don't know just wondered.

Sorry to hear this.

alastairq

http://www.bis.gov.uk/insolvency/personal-insolvency/pensions

Whilst it is not possible for the trustee to access benefit payments...if they have private pensions which generate an income, this can be considered for an IPA.

If not done already, immediately ask the Court to rule in your favour regarding costs.

Once that ruling is made, then..if non-payment is the route taken, perhaps enforcement proceedings can be sorted?

As I understand it, once a ruling for costs is made, does the amount owed become the liability of the person against whom the costs order is made?

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part70

spootlad

The court has found in my favour, quite categorically! They had to demonstrate 4 points of law and failed on every one! The court has set an expenses hearing for later this month in which my counsel will lay out my incurred costs. They will need representation to try and reduce the expenses sought. There is no question they will need to pay an amount though. My problem is that I know they intend to let me pursue them into bankruptcy so I will not receive any monies as they will try and show they have nothing. There will be cost implications for me to pursue of course which I am not likely to see either. I cant afford the debt as it is never mind wracking up more legal bills! Its terrible that they had no need to demonstrate that they could cover costs if they were to lose! I had too! How can people like me who win not become the loser?

longtermplanner

If you won't get anything from making them bankrupt, then you should save your money and not bother.

System

Do they own their own house? Can you put a charge on it?

alastairq

they simply intend to go bankrupt as they appear to have no assets.

The above may prove an issue?