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A realitve of mine had an Bankruptcy order made against her in Sep 2012 I only became aware of this after she recieved leters from the Land registry, I have no legal knoledge but I said I would help. I wrote to BW Legal and explained my relative was terminally ill, basically So What, I then applied for an annullment because of the illness, not accepted, next I contacted the Office of Fair Trading, they sent me full details of the the Limitation Act 1980, this covered our case. so I applied for on the grounds that it ought not to have been brought, and was successfull.
By now B W Legal had added 3 more claims the Insolvency Service were no help whatsoever they just kept sending letters distressing my relative, I sent many letters to B W demandind accounts and statments, eventuall they dropped the extra 3 claims as over the 6 year limit, they only sent a part account sheet for Nov 2006 working on this it was possible to work out that the last payment was February 2006, making the claim over the Bankruptcy Order over the 6 year limatition period.
I went to Court Jan 2013 for the first time was not sucessfull adjourned for further information by both parties, back in April I tried to be forcefull showing the account sheet with my simple calculations, the judge said she could not understand the sheet nevertheless I asked for the annullment, the judge said it is just not that simple, you dont understand, no I did not, she then made an order that I should submit medical proof of my relatives illness and unable to represent herself within 28 days, B W to provide statments back to November 2005 which should be filed and served within 35 days.
A week before the next court apperance B W Legal sent us a letter stating, "our client is willing to consent to your application to annul the order dated Sep 2012 under Section 282(1)(a) insolvency Act 1986, The order ought not to have made. Our client is willing to your application on the basis of your on-going medical condition on this basis, our client will agree to the following;
1;The Bankruptcy Order dated September 2012 is herb annulled under section 282(1)(a)the Insolvency Act 1986, 2: the Bankruptcy Petition issued June 2012 is hereby Dismissed,
3;The registration of the petition as a pending action at the Land Charges Dept of HM Land Registry and of the Bankruptcy Order on the registry of Writs and Orders affecting land at the dept be vacated upon application made by the applicant; 4; The Petitioning Creditor to pay the Offical Receivers costs within 14 days of the Order being made; 5; No inter party costs;
Accordingly we enclose a draft Consent Order for your approval, execution and return. we would appericate it if you would sign and return the attached Consent Order to us as soon as possible."
Which of course we did not sign.
I had sent in a form to the Court to the effect that I would be acting as a ligigtant friend,
But when I went into Court the Judge said I was not to speak, I tried to explain my realitve suffered from
(“Hepatic encephalopathy (also known as portosystemic encephalopathy) is the occurrence of confusion, altered level of consciousness, and coma as a result of liver failure. In the advanced stages it is called hepatic coma or coma hepaticum. It may ultimately lead to death.[1]
But he would not allow me, he puffed out his chest and bellowed this was his court room and I should not talk, if he could he would make us pay all the costs, and went on to make an order with We recieved a CONSENT ORDER from the court, "By consent it is ordered that" excatly the same five conditions as laid down by B W Legal. at the bottom of the page "We hereby consent to an Order in the above terms" and a line for a signature
which of course we have not signed.
but sent a letter to the court rejecting these conditions requesting the order for B W Legal to submit statments as ordered by the judge and asking that annulment be dissmissed as requested in our application. we wait for a reply.
By now B W Legal had added 3 more claims the Insolvency Service were no help whatsoever they just kept sending letters distressing my relative, I sent many letters to B W demandind accounts and statments, eventuall they dropped the extra 3 claims as over the 6 year limit, they only sent a part account sheet for Nov 2006 working on this it was possible to work out that the last payment was February 2006, making the claim over the Bankruptcy Order over the 6 year limatition period.
I went to Court Jan 2013 for the first time was not sucessfull adjourned for further information by both parties, back in April I tried to be forcefull showing the account sheet with my simple calculations, the judge said she could not understand the sheet nevertheless I asked for the annullment, the judge said it is just not that simple, you dont understand, no I did not, she then made an order that I should submit medical proof of my relatives illness and unable to represent herself within 28 days, B W to provide statments back to November 2005 which should be filed and served within 35 days.
A week before the next court apperance B W Legal sent us a letter stating, "our client is willing to consent to your application to annul the order dated Sep 2012 under Section 282(1)(a) insolvency Act 1986, The order ought not to have made. Our client is willing to your application on the basis of your on-going medical condition on this basis, our client will agree to the following;
1;The Bankruptcy Order dated September 2012 is herb annulled under section 282(1)(a)the Insolvency Act 1986, 2: the Bankruptcy Petition issued June 2012 is hereby Dismissed,
3;The registration of the petition as a pending action at the Land Charges Dept of HM Land Registry and of the Bankruptcy Order on the registry of Writs and Orders affecting land at the dept be vacated upon application made by the applicant; 4; The Petitioning Creditor to pay the Offical Receivers costs within 14 days of the Order being made; 5; No inter party costs;
Accordingly we enclose a draft Consent Order for your approval, execution and return. we would appericate it if you would sign and return the attached Consent Order to us as soon as possible."
Which of course we did not sign.
I had sent in a form to the Court to the effect that I would be acting as a ligigtant friend,
But when I went into Court the Judge said I was not to speak, I tried to explain my realitve suffered from
(“Hepatic encephalopathy (also known as portosystemic encephalopathy) is the occurrence of confusion, altered level of consciousness, and coma as a result of liver failure. In the advanced stages it is called hepatic coma or coma hepaticum. It may ultimately lead to death.[1]
But he would not allow me, he puffed out his chest and bellowed this was his court room and I should not talk, if he could he would make us pay all the costs, and went on to make an order with We recieved a CONSENT ORDER from the court, "By consent it is ordered that" excatly the same five conditions as laid down by B W Legal. at the bottom of the page "We hereby consent to an Order in the above terms" and a line for a signature
which of course we have not signed.
but sent a letter to the court rejecting these conditions requesting the order for B W Legal to submit statments as ordered by the judge and asking that annulment be dissmissed as requested in our application. we wait for a reply.
)
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