Liquidators trying to take our house

**bluebottle** · 7th August 2012, 19:50:PM

Re: Liquidators trying to take our house

It sounds like the other side's solicitors have either mislead the court or attempted to mislead the court. That is serious. It is serious professional misconduct under the Solicitors' Code of Conduct. Who appointed the liquidators? Is the Office of the Official Receiver involved?

**jillypompom** · 7th August 2012, 20:23:PM

Re: Liquidators trying to take our house

They were voluntary receivers I think both directors were advised by their accountant.

Jilly

**jillypompom** · 7th August 2012, 20:25:PM

Re: Liquidators trying to take our house

Am I allowed to say the company the receivers worked for?

Jilly

**bluebottle** · 7th August 2012, 20:45:PM

Re: Liquidators trying to take our house

Usually, when a company goes into liquidation, it can either be Voluntary Liquidation, Creditors' Liquidation or Compulsory Liquidation. Voluntary Liquidation is usually instituted by the directors of the company. Creditors' Liquidation, as its name implies, is at the instigation of the company's creditors. Compulsory Liquidation is by way of court order and can be because the company owes tax or VAT, or the Director-General of the OFT has requested the High Court to close the company down because it is being used as a vehicle for fraud or it is in the public interest to close the company down.

If the liquidators knew of the existence of the shares and that they were assets of Company 'A', they should have sold them and obtained the best possible price. If the court was not made aware of this, it would, in my considered judgement, influence the decision of the judge as to whether the liquidators are entitled to take your home. It sounds to me like a case of Unjustifiable Enrichment on the part of the liquidators. You certainly need to speak to a legal professional about this as my gut-feeling says these liquidators and their solicitors have mislead the court.

**jillypompom** · 7th August 2012, 20:48:PM

Re: Liquidators trying to take our house

I feel a bit stupid because I am not sure if I should wait for an answer ??

Jilly

**jillypompom** · 7th August 2012, 20:49:PM

Re: Liquidators trying to take our house

Sorry I think I get it now x
Jilly

**jillypompom** · 7th August 2012, 20:57:PM

Re: Liquidators trying to take our house

Thank goodness
I thought I was the only person who could see what they were doing. I will have to try and find another solicitor but who do I trust. The judge just dismissed me like I had dared to question anything to do with the case. Thank you Thank you for giving me the confidence to keep on fighting.

I will let you know what happens if you don't mind.

Jilly

**bluebottle** · 7th August 2012, 22:14:PM

Re: Liquidators trying to take our house

That's fine. If you represented yourself in court - Litigant in Person (LIP) - some judges are very intolerant and ill-disposed towards them. You need to get a legal professional to challenge the judgement and what the liquidators and their legal representatives have been involved in. If the Corporate Insolvency Division of the Office of the Official Receiver is involved, they need to be informed and told what is going on as soon as possible. The reason I say this is because if there are any irregularities in the manner in which the company was wound-up or that lead to the company being wound-up, the Official Receiver has a duty to refer the matter to the Insolvency Service for investigation. I hope this provides you with some pointers and reasoning for querying what has happened.

**Nikolai** · 8th August 2012, 02:10:AM

Re: Liquidators trying to take our house

Don't know much about company insolvency law, but there appears to be some sharp practice going on here. How come they have a claim against your house in the first place? Was the house put up as security for something, or have these people got a money judgement against you and are trying to enforce it by getting a charging order/order for sale?
You do need some competent legal advice. Look for a solicitor who is an expert in the field of company/commercial law. You're unlikely to find such a person in a typical high street firm. You'll have to look at large city-centre firms to find someone with the right expertise to help you, and when you do, don't hesitate to explain the problems you've had with previous solicitors, who you feel have let you down. You may be able to find a solicitor who has qualified as a Licensed Insolvency Practitioner, the Law Society can give you details or even a list.
If you need to complain about a solicitor, it's the Solicitors Regulation Authority - have a look at their website. If you're complaining about the receivers, take a look at the website of the Insolvency Practitioners Association for guidance, as the IPA is only one of the authorising bodies. Do be aware that your priority is the court case - seek advice! Complaints against the other side's solicitors and the receivers will not influence the court proceedings.
Keep fighting and don't give up.

**bluebottle** · 8th August 2012, 11:39:AM

Re: Liquidators trying to take our house

In addition to Nikolai's excellent advice, whilst complaints against the other side's solicitors and the receivers may not influence any court proceedings, if it is found that they mislead or attempted to mislead the court, that will influence the court proceedings as it can be argued the judgement was perverse and should be set aside or quashed altogether.

**jillypompom** · 13th August 2012, 10:29:AM

Re: Liquidators trying to take our house

Hi
I have been to seek legal advice from a city centre solicitor. He said " I will have to find and agree a substantial payment plan for the £22,000 the liquidators (and him).
He said there was probably a perfectly valid reason for not going after the shares. As far as the Liquidators named on the court papers no longer holding office "They were on from the beginning and probably still have a duty to the court".

He thought it was a little draconian for the court to allow the forced sale of a house for £22,000. The liquidators said in todays market the house is worth £600,000 it is actually valued at 1.4.
Would you mind telling me what you think?

Jilly

**bluebottle** · 13th August 2012, 13:33:PM

Re: Liquidators trying to take our house

I still say the liquidators and their solicitors are engaged in Unjustifiable Enrichment.

**Nikolai** · 14th August 2012, 02:20:AM

Re: Liquidators trying to take our house

Too many "probablys" here for my liking. You're presumably paying this man to advise you so I find it surprising he hasn't contacted the liquidators or their solicitors to ask why they have not gone for the shares, but rather gone for sale of your house instead. If there is a perfectly valid reason for this you deserve to know what it is. Further he should know what the liquidators' position is, not be telling you they probably still have a duty to the court. Have they or haven't they? Your solicitor ought to be capable of advising you on this point.
What has happened to the shares? Have you had an account of the liquidation? I'm sorry but I don't know the full facts, so can't really comment on the advice you received to come up with a substantial payment plan for the £22,000.
I'm left with the feeling that you're getting a raw deal here. If you want to post more information I'll be happy to comment.

**jillypompom** · 18th August 2012, 20:43:PM

Re: Liquidators trying to take our house

Hi everyone
I found this paperwork regarding the shares. This relates to the shares the liquidators told us to forget about. Would you mind having a look for me. x

Jilly

Attached Files

legalbeagles1.pdf (1.77 MB, 1 view)

Liquidators trying to take our house