Was not informed of bankruptcy proceedings!

[draknarz]

hi, ive spent ages researching bankruptcy, then i find this forum! i must say it seems a nice forum and hope i can stick around and learn more and help others!

my problem is this ------

im living with my parents and my house (buy to let mortgage) has tennants in it who dont speak english. .
a few days ago, the tennants friend told me that there is court paperwork from the local council - they want to make me bankrupt in early january. this is for a debt of council tax.

this council tax debt is in dispute since there are tennants in the hosue. i told the council this and before christmas they sent email to me saying that as they consider the house to be in multiple occupation, then i am liable for the council tax.


What i am doing:

1. I am writing an affidavit disputing the councils claim.
2. In my affidavit i will list all previous tennants and the ones i can contact i will ask them to write a statement saying that their family were the sole occupier.
3. Am taking paperwork to the court showing council maladministration, - they send me letters to my home address where im living with parents, none of these letters informed me of any debt they want to claim! At the same time, they send letters to the house where i have tennants stating that i owe council tax.


I am hoping to get this court case for bankruptcy stopped. (i think set aside is the right term???) Am hoping that the reasons of debt being in dispute, proof of the debt as to why it is in dispute and proof of their maladministration due to the fact that they couldnt be bothered to inform me of their claim of debt!

Does anyone know if this is possible? And if its possible, am i going the right way about it???

Also, anyone know if i can make a counter claim for all the time it has taken me to research this, say at £x.00 an hour, what is a reasonable cost? If i can make a claim for the time it has taken for me to research this and write affidavits and so on, can i also make a claim for further financial losses - ie my travel to the courts and council offices? (train ticket is £70 and i guess i would need to travel a few times)


I sent email to the council requesting they stop court proceedings, but they were not helpful. I informed them that I am willing to pay any debt I owe once the dispute has been sorted out. I informed them that they did not contact me at my right address. I also informed them that if they go ahead and make me bankrupt then it is unlikely they will get any money since the house is in negative equity and it is my only asset...

ANy help appreciated!

Happy new year

[Caspar]

Re: Was not informed of bankruptcy proceedings!

Don't deal with the underlings at the council - you'll never get anywhere. Send an e-mail explaining the circumstances straight to the CEO (just Google your council for his e-mail, if you can't find it, post up your council and we'll try!)

The CEO rarely hangs about, so something should move.

[draknarz]

Re: Was not informed of bankruptcy proceedings!

just an update,

The CEO sent my letter to the lady whose original decision it was to make me bankrupt.

i paid £2,500.00 to stop bankruptcy, even thoug this was not my debt!
because council didnt give me enough information, the payment was late and this resulted in bankruptcy.

complaint to LGO, but i will probably lose my home by the time they investigate this!

[Paul210]

Re: Was not informed of bankruptcy proceedings!

Firstly write to the official receiver and notify them that the debt was disputed and you may wish to apply for an annulment of bankruptcy, in the meantime request that they delay the appointment of a trustee in Bankruptcy (if that hasnt already taken place) until this has been resolved.

In the event you want to annul the bankruptcy you have to clear the original debt + the costs of the petition (presumably what the £2500 you sent them was), if a private trustee is appointed you will be liable for their fees as well (which at easily £400 p/h for an IP) would be extremely costly.) The Official receivers office have information on how to annul a bankruptcy and will assist you, from the cound of your posts above this looks like a good option for you.

[CleverClogs]

Re: Was not informed of bankruptcy proceedings!

Is it possible to issue a Winding Up Petition against a town council?

[Paul210]

Re: Was not informed of bankruptcy proceedings!

Is it possible to issue a Winding Up Petition against a town council?

no, winding up petitions are for organisations covered under the companies act ltd, plc's LLP's etc, a town council is a public body, in effect part of the government, you can however get a ccj + then a warrant of execution (permission to send in bailiffs) against a council.

[Crazy council]

Re: Was not informed of bankruptcy proceedings!

Hi, i have a fair ammount of experiance of similare surcumstances. I was a property manager form 1995-2003 and i specialised in contracts and HIMO laws.

1. HIMO - was the house officilay a HIMO, ( more than 2 residence that were not related ) or is the current tenancy an standard AST

2. Did you get a stat demand and did you oppose it.

3. Forget the LGO, they are F****g usless bunch of D***s you correct, you weill loose your house before they act.

anyone considering the LGO should read ths site. Public Service Ombudsman Watchers

some advice.

Do a subjet acsess request of your council for all the paperwork on your house and ask them to identify any they are withholding, ask them for your council tax account database print out with notes. Ask them to identify if there is any other accounts listed against your property. . .

When corrisponding with your council, make sure you send a copy to your council monitoring officer, ( is regulated to act ) .

DO NOT TRUST ANYONE OFFICAL TO WORK IN YOUR INTEREST. they can be a bunch of sharrks. done expect them to be fair or reasonable.

Finaly, put as much detail as you can on here, including any mistakes you may have made, the morte info, the more likely your to get very valuble help.

one more questioin, who is your council.

i have spent the last 5 years researching the application of council tax inb relation to liability orders. my council NELC the worst of the bunch, whos yours

Crazy Council

[draknarz]

Re: Was not informed of bankruptcy proceedings!

Update... Still not sure what I should do!!!!

December 2010, I returned home to UK to visit parents for Christmas, then I found bankruptcy paperwork at my own house in relation to unpaid council tax of nearly £5,000.00


I contacted the local Council to say that I dispute the debt – explaining that half of the debt was for a property that was uninhabitable and I did not live there (dispute with mortgage company) and the other half of the debt was for a different property which was the responsibility of the tenants.
I also told the Council that I was already suffering with stress and depression in relation to a different legal matter and that bankruptcy would only add a detrimental effect on my mental health.
The council asked if my mother could lend me the total money and if she (my mum) knew what effect bankruptcy would have on me (her son). I said that I could not and would not ask my parents to borrow money to pay the total debt. After what felt like a bargaining / barter scenario that you would expect in a Russian market, the agreement was that instead of paying the total of nearly £5,000.00 to stop bankruptcy, that I would repay £2,300.00


Most of above shown in Subject Access Request, minutes of meeting. Council did not record the fact that I stated to them I have mental health problems – mainly stress and depression. They did record the fact that it was asked whether my Mum knew what effect bankruptcy would have on me.


Council gave me bank details so I could make payment. Bank details were incorrect. The payment was a day late which resulted in me being made bankrupt. I complained to the Council concerning this and requested CCTV to show evidence of their maladministration. The Council would not give me CCTV despite me visiting their offices and speaking with manager and 3 request letters. They responded to me in a letter saying CCTV not for public and that I should contact the official receivers dealing in my bankruptcy.


The Council have then continued to ignore me. They did reply to a letter which was given to them in October 2012, however, I did not receive the reply until May 2013 even though they dated it March 2013. So going by their own date, a 5 month wait of a reply shows how slow this Council is.

[draknarz]

Re: Was not informed of bankruptcy proceedings!

sorry - didnt make it clear in my last post -

i paid £2,500.00 to stop myself being made bankrupt, but this payment was late because of the wrong details the council gave to me.

because of my complaints of pre bankruptcy, and after bankruptcy, my bankruptcy is still ongoing!

[CleverClogs]

Re: Was not informed of bankruptcy proceedings!

Which wunch of bankers is that council?

As it is plainly inappropriate to use the Insolvency Service to collect any debts in dispute and as that alleged council still continues to act most unreasonably. you must submit and escalate an official complaint - but the injustice here is such that the Public Services Ombudsman for Wales - link - might wish to become involved without the customary rigmarole of letting the municipal monkeys try to fix it first.

It's a nice site and it shews a typical and happy Welsh family on the home page:

[draknarz]

Re: Was not informed of bankruptcy proceedings!

diolch yn fawr clever clogs! - thanks in welsh!

this is an English council, Wirral Council. I have made a complaint to the LGO but the LGO will not look at my complaint is because it is now over a year old.
The reason it is over a year old was that i informed the LGO i was waiting for a SAR from local council.

Both the council and the LGO ignore my concerns and complaints

[draknarz]

Re: Was not informed of bankruptcy proceedings!

The LGO ignored the complaint because it is over a year old. The reason it is over a year old is that I have had to wait approx 30 months for my Subject Access Request from the Council, even though they said they had sent this to me previously.
The LGO were informed of my waiting for the SAR, although they did not advise me that there was a time limit.

There are many complaints surrounding my bankruptcy, the main complaints are:

1. £2,500.00 was reapid in order to prevent bankruptcy
2. Council gave incorrect details concerning bank details.
3. Council clearly aware that I was not in UK when statutory demand sent and all attempts to stop bankruptcy were rejected, apart from the agreed £2,500.00 payment.
4. Council failed to provide SAR despite many repeat requests.
5. Inconsistencies in copy of minutes of meeting with finance officer - eg, no reference was made to some things I said, whilst only implied reference given.
6. Council not considering that bankruptcy would have a detrimental effect, why no arrears payment was accepted whilst debt was disputed and is still in dispute.
7. Fundamental part of the complaint is that in a recoreded meeting with a finance officer, I stated that I do not wish to be made bankrupt and would make effort to settle disputed debt and provide payment. I also stated that it is crucial I not go bankrupt as I have a time limit in which I can make a claim of profession negligence against a solicitor (another legal problem). I stated that if I were to go bankrupt, then I would lose the claim of professional negligence against the solicitor because of time limits.
The Council only documented the above in the minutes of the meeting saying that i said: "i had loads of legal problems" and also the council officer asking if my "mother was aware of the effects of bankruptcy on me"


I am now making another complaint to the LGO about the LGO and why they gave me advice in 2013 which could have been given to me in 2011, along with the fact that I had informed them in 2011 that I was waiting for a Subject Access Request in order to support my complaint.

I think i have exhausted the complaints procedure in the local council as well as the LGO....

My main problem is that I have paid £2,500.00 to STOP bankruptcy, and nearly 3 years later I am still bankrupt. It would have been a lot easier and quicker not to have paid the agreed £2,500.00 and just go bankrupt as that would have been over within a year!

Complainits procedures have been exhausted.... And after paying £1000s to a barrister to proceed in a case of professional negligence in a different legal matter, now I have lost this case because of time limits (caused in bankruptcy) - I can not find more £1000s and believe I need to take legal action against the council myself.

Such questions as can i get my £2,500.00 back? I should be discharged? Annulled? Bankrupted?

Can I claim against council for loss of my other legal claim?

Should i just simply forget and take the easy route and accept actions of an inept council? Cut my losses...

[CleverClogs]

Re: Was not informed of bankruptcy proceedings!

this is an English council, Wirral Council. I have made a complaint to the LGO but the LGO will not look at my complaint is because it is now over a year old.
The reason it is over a year old was that i informed the LGO i was waiting for a SAR from local council.

As the LGO usually insists that the complaint procedure has been exhausted before she'll take up a case, it is inherently perverse to reject your complaint merely because it is over a year old.

Have you contacted your MP (link 1, link 2) and asked him or her to get the LGO to look into this monstrous maladministration?

[draknarz]

Re: Was not informed of bankruptcy proceedings!

getting the LGO to look at the complaint could take ages.

i would like to annul or discharge this bankruptcy if possible... maybe also claim from the council for my financial loss which i attribute to their actions or lack of actions..

[draknarz]

Re: Was not informed of bankruptcy proceedings!

hello? any help or guidance appreciated! & thanks for help so far above, but still unsure as what i should do