Made bankrupt ex parte after getting ejected from hearing 4 asking 4 the DDJ's name!

[The bankrupt]

i went to my bankruptcy hearing on the 15th june and when i got there the Usher said i wasnt listed for a hearing? i showed him the summons and he still said im not listed. I phoned the Courts central office and they to said i wasnt listed? i went back in where the barrister for the other side spoke to the usher where he was told " ahhh there was an urgent e-mail about this hearing yesterday" he then went and spoke to the DDJ and called us through.

When i was in the room i asked him as to why it wasnt listed and what type of hearing was? also under what jurisdiction it was admiralty? equity? at law in law etc? i also asked for him to confirm who he was, he wouldnt answer my questions and the long and short called security and threw me out stating that it would be heard in my absence.

Since i have tried to find info on this guy and cant find him anywhere, ive called the law society, the bar council, the SRA, the JAC even the JCIO press office and no one can find or locate this guy?

Does anyone have a list of DDJ's or where i can find when they were appointed or credentials?

the petition was applied for on the 2nd january, is there any time frames that have to be adhered to between stat demand-BR petition-hearing?

also does anyone have any good case law sites i can look at for similarities to my pantomime kangaroo hearing so as to include for annulment application please ?

[Crazy council]

Re: Made bankrupt ex parte after getting ejected from hearing 4 asking 4 the DDJ's na

Honestly. Fmotl arguments dont go down well as there nonsense really. You would have been better just saying nithing.. you will get more help if you just ask about help in how to deal with your current situation if you put down some details.

Total crrditors and who are they
Do u own property

Have you thought of any options to sort things

[The bankrupt]

Re: Made bankrupt ex parte after getting ejected from hearing 4 asking 4 the DDJ's na

im certainly not a freeman on the land, im more trust law.

ive just come from a criminal trial where i was LIP, dont know too much about Civil law tbh.

i wasnt being rude at all, i have ADHD and was only asking questions as i didnt understand, especially as it wasnt even listed?

its for screwfix via shoosmiths for initially £1800, not sure on creditors as i havent been to see the OR yet and i dont want to if i can help it as i want to apply to annul the discriminative order.

[Crazy council]

Re: Made bankrupt ex parte after getting ejected from hearing 4 asking 4 the DDJ's na

You will need a reason to appeal and to ask for a stay of exicution.

Do u own any asset. It can make a difference

[FlamingParrot]

Re: Made bankrupt ex parte after getting ejected from hearing 4 asking 4 the DDJ's na

the petition was applied for on the 2nd january, is there any time frames that have to be adhered to between stat demand-BR petition-hearing?

also does anyone have any good case law sites i can look at for similarities to my pantomime kangaroo hearing so as to include for annulment application please ?

Yes, a bankruptcy petition has to be issued within 4 months of service of the SD, otherwise the SD expires.

[The bankrupt]

Re: Made bankrupt ex parte after getting ejected from hearing 4 asking 4 the DDJ's na

yes i do, thats what they are after !

Can a solicitor sit and act as a DDJ? if so under whos authority and surely he must be registered ?

- - - Updated - - -

Yes, a bankruptcy petition has to be issued within 4 months of service of the SD, otherwise the SD expires.

Cheers dude, well within time if i had actually received the stat Demand, does the Process server have to get authorisation from the court to serve effect substituted service of the stat demand?

[FlamingParrot]

Re: Made bankrupt ex parte after getting ejected from hearing 4 asking 4 the DDJ's na

I'm actually a 'dudette'.

With regards to service, you may want to take a look at this: https://www.insolvencydirect.bis.gov...10/part_10.htm

45.99 Proof of service of statutory demand
(Amended October 2010)
Where a bankruptcy petition is to be presented based on a statutory demand, then a certificate or certificates proving service must be filed with the petition [Note 18]. Every certificate of service must be verified by a statement of truth and have attached to it a copy of the demand as served [Note 19].
Except where there has been acknowledgement of service by the debtor, if the demand was personally served, then the certificate must be authenticated by the person who effected that service [Note 20].
Any acknowledgement of service by the debtor should be filed with the certificate of service and if this is the case, the appropriate person to authenticate the certificate is the creditor or a person acting on his behalf [Note 21].
If not personally served or if there has been no acknowledgement of service, then the steps taken to effect service must be detailed in a certificate authenticated by a person with direct knowledge of the means adopted for serving the demand and specifying a date when the person considers the demand will have come to the debtor’s attention [Note 22].
The court may refuse to file a petition if it is not satisfied that the creditor has discharged his obligations with regard to service [Note 23].

[stevemLS]

Re: Made bankrupt ex parte after getting ejected from hearing 4 asking 4 the DDJ's na

yes i do, thats what they are after !

Can a solicitor sit and act as a DDJ? if so under whos authority and surely he must be registered ?

- - - Updated - - -

Yes, a solicitor of five years standing is qualified for appointment as a DDJ.

They are appointed by the Lord Chancellor.

It appears to me that the order was not made ex parte (which means "without notice", you plainly had notice as you were at the hearing but you hacked the judge off sufficiently that s/he he threw you out and proceeded in your absence - which they were entitled to do (and some would say you were lucky you weren't detained for being in contempt in the face of the court).

However, you might have cause to appeal if your ADHD meets the critieria to be regarded as a "disability" and you can show that the court was aware of it and failed to make "reasonable adjustments" to take account of it. A court is a public authority so far as the Equality Act 2010 is concerned.

This is far from certain to succeed and you may find that you get the judgment set aside only for the court to remake the same decision if you have no defence.

There is no distinction now between courts of equity and courts of common law, there hasn't been since the Judicature Acts 1873-1875.

TBH, if the guy was sat where the judge sits in a courtroom/in chambers, you can be pretty certain he was qualified to do so.

[Crazy council]

Re: Made bankrupt ex parte after getting ejected from hearing 4 asking 4 the DDJ's na

Hi

some general advice here. If you want help, your going to have to put down full details, its not people being nosiey, its to do with being able to advise you properly... so

1. Do you own a property, if so, how much potential asset in it
2. Who are your likely other creditors ( you must have some idea )

If you have adhd, there likely to ask you to prove it, ( if your on dissablility benefits because of it, that should do )

also, if you have other creditors, is bankruptcy neccaseraly bad ? ,

am not sure about appeal time scales, but you may need to act immedeaty ( 21 days of order ), to apeal or apply for a stay. for peole to advise you how to do that , your goinbg to need to put down details

[The bankrupt]

Re: Made bankrupt ex parte after getting ejected from hearing 4 asking 4 the DDJ's na

Yes, a solicitor of five years standing is qualified for appointment as a DDJ.

They are appointed by the Lord Chancellor.

TBH, if the guy was sat where the judge sits in a courtroom/in chambers, you can be pretty certain he was qualified to do so.

I cannot find any records of DDJ Swales, the JAC and the JCIO have no records for him

[The bankrupt]

Re: Made bankrupt ex parte after getting ejected from hearing 4 asking 4 the DDJ's na

am not sure about appeal time scales, but you may need to act immedeaty ( 21 days of order ), to apeal or apply for a stay. for peole to advise you how to do that , your goinbg to need to put down details[/QUOTE]

thank you, i am filling the paperwork appealing the decision.

what i would like to know is, how can you not be on the list for a hearing not even on the central courts listing?

why cant i find this DDJ registered anywhere?

[nemesis45]

Re: Made bankrupt ex parte after getting ejected from hearing 4 asking 4 the DDJ's na

Recently appointed maybe, but you can be certain of one thing
if he's in the court sitting in chambers he has the right so to do.
I am not surprised he had you removed.
nem

[FlamingParrot]

Re: Made bankrupt ex parte after getting ejected from hearing 4 asking 4 the DDJ's na

am not sure about appeal time scales, but you may need to act immedeaty ( 21 days of order ), to apeal or apply for a stay. for peole to advise you how to do that , your goinbg to need to put down details
thank you, i am filling the paperwork appealing the decision.

what i would like to know is, how can you not be on the list for a hearing not even on the central courts listing?

why cant i find this DDJ registered anywhere?

It's not as important to find the judge's registration details as it is to deal with your immediate issues.

You may want to consider getting proper legal advice. Although legal aid is not normally available for civil and/or debt matters, it is still available in cases where a creditor is making you bankrupt. You'll find more details about legal aid here: https://www.citizensadvice.org.uk/la...-legal-aid-for-

[stevemLS]

Re: Made bankrupt ex parte after getting ejected from hearing 4 asking 4 the DDJ's na

Was it you who made the FOIA request https://www.whatdotheyknow.com/reque...02014.doc.html in which case you seem to have your answer?

As advised above, you could do more with worrying about the substantive issue rather than the jurisdiction of the judge.

Errors happen in listing as they do in eveery aspect of life.

A DDJ has all the powers of a DJ (s8(1C) County Courts Act 1984)