Father Bankrupted by Lowell

[PlanB]

Re: Father Bankrupted by Lowell

We've now exchanged details and I shall be making some urgent enquiries :mod:

Don't forget to keep us posted :whoo:

[PlanB]

Re: Father Bankrupted by Lowell

Being a third party my info is in places limited here

Don't worry because you can get a letter from your father authorising you to discuss the case which you can fax to Celestine

[Stormcrow23]

Re: Father Bankrupted by Lowell

I have asked for one to be sent to me in case we need it. Thanks

[MIKE770]

Re: Father Bankrupted by Lowell

I'd really like to investigate this case further if possible.:beagle:
Stormcrow, could you private message me with your contact details please?

Our lone =(Ranger) Celestine to the rescue, thank god we have her on here! do as she says P.M. her the data she ask!:beagle::beagle::beagle::beagle::beagle::beagl e::beagle::beagle::beagle::beagle::beagle:

[Stormcrow23]

Re: Father Bankrupted by Lowell

I am doing Thanks all.

[Novocaine]

Re: Father Bankrupted by Lowell

1. Did your parents ever attend any of the bankruptcy hearings? I ask as I can't believe that they were bankrupted over such a small sum while having assets. Liquidity aside, that was a solvable problem as the debt was so low. Many judges would have adjourned the hearing to give them time to seek advice. If they did not attend then sadly the judge may not have done this.

2. A few critical questions:
a) When (date only) was the Statutory Demand served and how was it served? By 'how was it served', the answer is likely to be one of these four: 1) Personal service (i.e. given in person to your parents), 2) Substituted service by one of the following: i) first class post; ii) inserted through the letterbox at your parents' address; iii) pinned to your parents' door.
b) When was the Bankruptcy Petition filed (the date is on the Petition)?
c) When was the Bankruptcy Petition served and how was it served (see 'a')?
d) What was the date of the first bankruptcy hearing in the County Court?
e) Was that hearing adjourned i.e. were there one or more other hearings?
f) If 'yes' to 'e', were your parents notified in writing of all of the subsequent hearings especially the one where they were made bankrupt? This is normally done by post, by the solicitors acting for the creditor. Counterintuitively, this has to be done even if your parents attended the previous hearing and if the date of the next hearing was set in that hearing - i.e. it has to be done even if your parents knew when the adjourned hearing would be because they attended the previous hearing. I believe it even has to be done if they attend the final hearing (but I would need to check that - I could be wrong). This is the sort of thing that might not have been done and the judge can overlook when granting a bankruptcy order.

By the way, if the date your parents were made bankrupt is different from the date of the first hearing, then it is almost certain that the answer to 'e' is 'yes'.

I ask these questions as I am checking if there was a flaw in making your parents bankrupt in the first place.

This is not legal advice! See a solicitor for that.

[QCKate]

Re: Father Bankrupted by Lowell

We've now exchanged details and I shall be making some urgent enquiries :mod:

Celestine, you are just a brilliant person.

QCK

[Stormcrow23]

Re: Father Bankrupted by Lowell

Hi All,

Just checking in to let you all know that I'm still going on this - have been PMing Celestine with what details I can get my hands on.

Some shocking facts you may be interested in:

1. My father was attempting to pay them £5 a month that had been agreed upon. He received a form to do so in January from BW Legal that he describes as 'incomprehensible'. He filled in all his details and sent it to his bank - it was returned as BW Legal HAD NOT SUPPLIED ACCURATE / ADEQUATE INFORMATION FOR THE PAYMENT TO BE PROCESSED. He filled in a direct debit form he obtained from his bank and sent it to BW Legal so they could initiate taking the payments - he heard nothing for a month so assumed this was being processed. In February another of BW Legal's forms arrives in the post - he duly fills it in and sends it to his bank - AGAIN, THE INFORMATION FROM BW LEGAL IS LACKING AND THE PAYMENT CANNOT BE PROCESSED.

2. He receives a letter informing him that he HAS BEEN MADE BANKRUPT in March. The Statutory Demand has been 'served' (using a sub-service) through a GAP in the frame of his BACK door, falling unnoticed amongst his building materials stored for the winter (it emerged in May, when he moved these out to re-start renovation work). He thus had no warning of the court process and no chance to defend himself.

I am hopeful that if we can evidence at least him attempting to follow through on an arrangement to pay we may have grounds to move for annulment on 'should not have been made' (fingers crossed - the system seems so rife with abuse by these debt-collection companies that even with such shocking abuses of process it does not feel like a done deal...). Does anyone have any idea what would happen in regard to the shockingly high trustees fees if the bankruptcy were to be overturned? They currently far outweigh the original debt and are probably climbing by the day.

Thanks for all your help folks

[Stormcrow23]

Re: Father Bankrupted by Lowell

By the way, my father has had no contact with BW Legal by phone or in person. So I was told a complete pack of lies about them meeting with him and confirming his receipt of the court summons when I rang them. He clearly had no warning of the court process to bankrupt him, or why not defend himself and point to his repeated attempts to make payments?

I apologise for the excessive use of the word 'shocking' in my previous post, but frankly, I admit that I am shocked by this. It surely can't be legal for them to behave in such a way.

[wales01man]

Re: Father Bankrupted by Lowell

WOW how low can these people go? All this for a debt of under 1400 quid what would they do to get 10 grand? I would say if money is owed and the debtor is trying to repay further action must be stopped in this case it appears the father has been stopped from paying and all this follows, have to wonder what these companies employees do for fun>the system of debt collecting whether civil debts or fines needs reviewing what can happen must be made clear in writing every step of the way ,until then all this type of sh-- will carry on.

[FlamingParrot]

Re: Father Bankrupted by Lowell

He receives a letter informing him that he HAS BEEN MADE BANKRUPT in March. The Statutory Demand has been 'served' (using a sub-service) through a GAP in the frame of his BACK door, falling unnoticed amongst his building materials stored for the winter (it emerged in May, when he moved these out to re-start renovation work). He thus had no warning of the court process and no chance to defend.

Unlike court claims, SDs must be hand-delivered by a process server, substitute service by post is only acceptable if the creditor can show they have taken reasonable steps to serve in person. :thumb:

[wales01man]

Re: Father Bankrupted by Lowell

Served by hand?becomes an argument where the server says they served it and the served says they did no get served,who wins that one?

[Stormcrow23]

Re: Father Bankrupted by Lowell

Erm.. I think I mean the Bankruptcy Petition in my original post - he had no warning that the creditor was petitioning for bankruptcy, and was still willing and attempting to make monthly payments at the time.

[wales01man]

Re: Father Bankrupted by Lowell

still the fact is he was trying to pay but seems they they trying not to let it happen,all this for that amount its wrong in my mind

[FlamingParrot]

Re: Father Bankrupted by Lowell

Served by hand?becomes an argument where the server says they served it and the served says they did no get served,who wins that one?

Below are the rules set out by the Practice Direction on Insolvency Proceedings: http://www.justice.gov.uk/courts/pro...cy_pd#IDAFKBIC

Where personal service is not effected or the demand is not advertised in the limited circumstances permitted by rule 6.3(3), substituted service is permitted, but the creditor must have taken all those steps which would justify the court making an order for substituted service of a petition. The steps to be taken to obtain an order for substituted service of a petition are set out below. Failure to comply with these requirements may result in the court declining to issue the petition (rule 6.11(9)) or dismissing it.

(13.3.4)
In most cases, evidence of the following steps will suffice to justify acceptance for presentation of a petition where the statutory demand has been served by substituted service (or to justify making an order for substituted service of a petition) –
(1) One personal call at the residence and place of business of the debtor where both are known or at either of such places as is known. Where it is known that the debtor has more than one residential or business address, personal calls should be made at all the addresses.

(2) Should the creditor fail to effect personal service, a first class prepaid letter should be written to the debtor referring to the call(s), the purpose of the same and the failure to meet the debtor, adding that a further call will be made for the same purpose on the [day] of [month] 20[ ] at [ ] hours at [place]. At least two business days' notice should be given of the appointment and copies of the letter sent to all known addresses of the debtor. The appointment letter should also state that:
(a) in the event of the time and place not being convenient, the debtor should propose some other time and place reasonably convenient for the purpose;

(b) (In the case of a statutory demand) if the debtor fails to keep the appointment the creditor proposes to serve the debtor by [advertisement] [post] [insertion through a letter box] or as the case may be, and that, in the event of a bankruptcy petition being presented, the court will be asked to treat such service as service of the demand on the debtor;

(c) (In the case of a petition) if the debtor fails to keep the appointment, application will be made to the Court for an order for substituted service either by advertisement, or in such other manner as the court may think fit.

(3) When attending any appointment made by letter, inquiry should be made as to whether the debtor has received all letters left for him. If the debtor is away, inquiry should also be made as to whether or not letters are being forwarded to an address within the jurisdiction (England and Wales) or elsewhere.

(4) If the debtor is represented by a solicitor, an attempt should be made to arrange an appointment for personal service through such solicitor. The Insolvency Rules enable a solicitor to accept service of a statutory demand on behalf of his client but there is no similar provision in respect of service of a bankruptcy petition.

(5) The certificate of service of a statutory demand filed pursuant to rule 6.11 should deal with all the above matters including all relevant facts as to the debtor's whereabouts and whether the appointment letter(s) have been returned. It should also set out the reasons for the belief that the debtor resides at the relevant address or works at the relevant place of business and whether, so far as is known, the debtor is represented by a solicitor.

It doesn't sound like the Practice Direction was followed in this case. :nono: