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T O P I C R E V I E W
Clapham Noah
Posted - 23 November 2008 : 19:37:19 I was made BR without my knowledge in June '07. As soon as I was made aware (by Insolvency Office about a week later)I contacted solicitor and requested annulment on the basis it should not have been made since I had not, and have not since, received anything from the courts to inform me of the case or hearing date (or judgement even). The petitioning Creditor was my local Council seeking payment for C. Tax even though I've been unemployed for several years. Had I known about the hearing, I would have been able to borrow enough to pay the debt and save myself from BR. Sadly my solicitor has done virtually nothing over 18 months (6 months just to clear my case with Legal Aid) which has given the I. Office plenty of time to rake through my past and come up with a few other debts, many very old such as Inland Revenue (all estimated and previously written off but now suddenly resurrected)or disputed.
The problem for me now is that my solicitor is saying that to get an annulment not only do I have to have not known about the case and been able to pay the petitioning creditor's bill (and all costs) but that I also have to demonstrate solvency at the time of the BR being made. I.E. I have to have been able to pay everything I have ever owed whether there was any urgency to pay it or not. (Aside from the C.Tax no-one else was taking any legal action for recovery)
Is This True? If so it seems very unfair. Had the IR still been pursuing money from me I'm sure I could have come to some arrangement with them to pay it over time but there is no way I can cover their estimated and excessive amounts plus penalties and interest all in one go.
Is there anyone with legal knowledge who can tell me my solicitor has got it wrong? I'd change solicitors if required.
Thanks, Noah
1 L A T E S T R E P L I E S (Newest First)
Reviva UK
Posted - 23 November 2008 : 20:15:37 Hi there
surprised that your solicitor hadn't done some more work early on before checking to see if he was going to be paid.
You could have argues that because you weren't served correctly that they may reverse the position but in all honesty because it has gone on so long you arer already - presumably - discharged and no longer Br.
To annul a Br you have to not only clear the debts from the creditor who petitioned BUT also their costs, all your other debts, PLUS ALL OF THE COSTS FOR THE INSOLVENCY SERVICE.
I have seen a number of cases where HMRC or Councils have made someone Br for a debt of 3K and after all other debts are paid the "transaction " costs for want of a better phrase can easily be over 20k to annul provided that there are funds in the estate to pay.
Paul Johns Assisted Bankruptcy Specialists Reviva UK
For a Free Impartial Review before taking the leap call me @ Reviva UK www.revivauk.com
