BR hearing at High Court this week - panic has set in

dreamon_3

I posted some weeks ago about being made BR by the Inland Revenue, I can't find the thread now, would like to thank you all for your replies and advice back then. I went underground in deep depression knowing that I couldn't do anything about it and trying to face up to the reality of it happening. Well it happened, served with a petition and the hearing is on Thursday at the High Court in London. Panic has now set in, feeling sick, can't sleep, can I off load and ask questions ... please.

The petition doesn't give you much information, I phoned the court and they said it is in your best interest to attended the hearing.

Do I have to take anything with me (other than a bottle of Kalms), such as bank statements etc etc ?

Can my partner come in the room with me for the hearing ? (although I might not want him there as I'm angry with him at the moment)

We have a joint basic account with a nil balance, will that be frozen immediately.

Do I get to see the OR tomorrow.

The petition indicates that I am still trading, and although I have told the IR countless times that I haven't worked for nearly ten years and I have been unemployed will the 'judge' take note of this.

Basically .. anyone that has been to the High Court can you tell me what happens, I'm freaking out

Thanks all for any help you can give

Richard_S

dreamon wrote: »

I posted some weeks ago about being made BR by the Inland Revenue, I can't find the thread now, would like to thank you all for your replies and advice back then. I went underground in deep depression knowing that I couldn't do anything about it and trying to face up to the reality of it happening. Well it happened, served with a petition and the hearing is on Thursday at the High Court in London. Panic has now set in, feeling sick, can't sleep, can I off load and ask questions ... please.

The petition doesn't give you much information, I phoned the court and they said it is in your best interest to attended the hearing.

Do I have to take anything with me (other than a bottle of Kalms), such as bank statements etc etc ?

Can my partner come in the room with me for the hearing ? (although I might not want him there as I'm angry with him at the moment)

We have a joint basic account with a nil balance, will that be frozen immediately.

Do I get to see the OR tomorrow.

The petition indicates that I am still trading, and although I have told the IR countless times that I haven't worked for nearly ten years and I have been unemployed will the 'judge' take note of this.

Basically .. anyone that has been to the High Court can you tell me what happens, I'm freaking out

Thanks all for any help you can give

Hi dreamon,

We were petitioned for bankruptcy by a creditor and didn't bother attending the Court hearing; unless you intend disputing the petition what's the point? It'll happen whether you're there or not.

You don't need to take anything with you apart from enough money for a drink afterwards if you decide to go, and a copy of the bankruptcy petition.:rolleyes:

I'd imagine the Court will allow you to have somebody with; the CAB will escort people to Court if they're too nervous to go on their own.

It's the bank that will freeze the account when they find out about your bankruptcy; usually from the Official Receiver. We opened two new accounts the day after our Court hearing and didn't have any problems.

Sometimes you get to see the O.R on the day, it depends on how busy they are. We got a letter from the O.R after the hearing advising us to expect a phone call; we were on holiday on the first date he suggested.:D

The High Court is a pretty imposing place and a number of people on this site have been there and apparently the staff are really helpful.

The only help I can really give you is help that you won't accept until it's over,;) and that is you have absolutely nothing to worry about; say Goodbye to your debts and the heartache and look forward to a thick black line being drawn under the past.;)

All the best for the big day,

Richard

fiveyearplan

Look on the Royal Courts of Justice website (just google it) and it shows what services they offer. If you want someone to show you where to go etc. there is a volunteer service and they will hold your hand throughout. You need to book this in advance so look it up and phone them early tomorrow. Be sure you clear out all your money from your bank account because it could (not necessarily - but could) be frozen longer than expected so make sure there isn't any money there. You and your OH will need to open new accounts and there is no reason why OH can't do that NOW so at least you can have any income paid into that. Good luck for Thursday, I'll be there Friday morning myself! As Richard_S said, you will be kissing all your debt away and have a fresh start.

dreamon_3

Thanks for your replies.

I was in two minds not to go and also for that fact that I will probably break down in tears and make a complete fool of myself. I do now think I will have to go for my peace of mind that it has finally happened and I need them to know that although I contest what I owe them and that the information they have is all wrong. I know it won't make any difference to them if I owe them 5 grand or 15 grand I can't pay them anything as I have nothing.

I'm in a state of confusion really, should I put myself through that stressful situation of going there or sit back and sort it out with the OR ? Is it seen negative if you don't go there and face the music ?

dreamon_3

Also worried, if I don't get to see OR at the hearing does that mean that I have to go to the high court again for a meeting with OR or would that be at another court? Am I right in saying that I will have to attend a OR meeting and not an over the phone interview if the IR have issued a petition against me ?

I'm now thinking if I don't have to go on Thursday and have to go to the High Court to see the OR for interview then I would rather just go the once to the High Court to see the OR, I really don't think I could mentally face going twice :undecided

dreamon_3

anyone out there ?

Would it go against me if I didn't go to court ?

dreamon_3

anyone ?

nomoneyprobs

Hi, You wouldn't have to go to court to see the or,They operate from a seperate building, when I went br I had a brief telephone chat with the or on the day of br just to organise a more formal telephone interview, then a couple of weeks later I spoke with the or properly.

Ian

wherediditallgo

Hi Dreamon,

I went BR at the Royal Courts. It's a very imposing building, but if you think you'll be overwhelmed by it or the day itself, do please call the Personal Support Unit on 020 7947 7701 or 7703. You can find out more info about them here. They need a day's notice of a booking, but I found them really helpful - they're all volunteers, but I found them really friendly & I was so glad for their company: I know I'd have got lost without them.

As for whether you should go or not, unless you really can't get there, I do think it's in your interests to go. You might not be contesting the case, but by turning up you'll get a chance to put your side. I petitioned for my own BR & didn't see a judge, but you might have to. You usually get given your BR order in the afternoon & you're told to go to the OR's office (about 15 mins' walk up the road) - you don't meet the OR, just one of the administrators, who'll go over your SOA with you. It was made very clear to me by the registrar & the woman from the PSU that it's definitely frowned upon if you don't go to the OR meeting if you've been to the court earlier the same day.

I think most judges will understand why you didn't want to be at the hearing, but you might get someone who takes it as you sticking your middle finger up at them. I very nuch doubt they can do anything to you for not going to court, but it really isn't going to be as bad as you think anyway. Call the PSU for support, & you will get through it.

dreamon_3

What is a SOA is that something that I would have in advance if I had filed for BR myself. I haven't been advised on the petition that I have to attend and it does not give any indication as to what I need to produce.

wherediditallgo

The SOA is something those petitioning for their own bankruptcy fill in. I don't know what paperwork is filled in when creditors make you BR, but I think you should really speak to at least one of the organisations in my signature before going to court, as they'll be able to tell you how things work when a creditor makes you BR & what paperwork is needed from you. Please ring them tomorrow, if only to put your mind at rest.

Even if they say you don't need the SOA for the court, it might be worth you filling in the SOA anyway (you can download it from here) - it's form 6.28 (download both forms, as you'll need both the Guidance Notes & the Petition), as filling it in will help you organise your thoughts etc & what you'll need to tell the OR.