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 bankruptcy postbag for may
 I am being made bankrupt for someone else debt
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menanvasu
Starting Member

8 Posts

Posted - 01 April 2012 :  16:07:46  Show Profile  Reply with Quote
I only got to know about the bankruptcy order after receiving the
letter from the Insolvency Services. I was very surprised and shocked
to receive such a letter. I have never defaulted with any payment to
any of my creditors.

I received a letter from Hampton Legal in the early part of 2011. I
promptly responded asking for more information about the Abbey
National credit card debt as I have never owned an Abbey National
credit card and I also strongly believe this may be a fraudulent use
of my identity. They never responded.

In the mean time they have put this petition and made me bankrupt. My
work involves working away from home and travelling internationally.
During the time that I have been at my home, I have not received any
letters regarding the bankruptcy proceedings.

Also the creditor informs me that they served me a statutory demand on 11 May. I have documental prove I was in Singapore at that time and I only come back in July that year.

I owe 850 pounds to this fradulent creditor. Shall I pay him and
get on with the annulment or shall I fight with him.

If I fight I might also loose my home for the solicitor fees.

Could you advice?

debtinfo
forum expert



2826 Posts

Posted - 01 April 2012 :  16:13:08  Show Profile  Reply with Quote
well if it is not your debt then you should fight it, The annulment would be on the basis that the order ought not to have been made, so first ask for evidence of the debt, also was the petition served personally or by substituted service
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menanvasu
Starting Member

8 Posts

Posted - 01 April 2012 :  16:17:20  Show Profile  Reply with Quote
I have been served by substituted service
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debtinfo
forum expert



2826 Posts

Posted - 01 April 2012 :  16:20:17  Show Profile  Reply with Quote
Well that is the correct process then so you cant can the annullment on that basis, so next down the road is chalanging on the basis that it is not your debt, so you need to ask them to provide a copy of the original agreement
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menanvasu
Starting Member

8 Posts

Posted - 01 April 2012 :  16:26:19  Show Profile  Reply with Quote
Thank you for your kind advice.

Do you know how long the annulment process will take and what I should do.

Do I need a barrister to argue?

Also, can the creditor include his court fees if I lose.
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menanvasu
Starting Member

8 Posts

Posted - 01 April 2012 :  16:31:46  Show Profile  Reply with Quote
Also my bank account is frozen. I cannot receive my salary from employer and I cannot pay my mortgage. Will the OR let me to operate my bank account till the annulment is applied
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debtinfo
forum expert



2826 Posts

Posted - 01 April 2012 :  16:33:36  Show Profile  Reply with Quote
if you win then you dont have to pay any court fees or any of the creditors fees, if the annulment is on the basis of ought not to have been made. If you lose then any creditor fees will be added on to the bankruptcy.

You do not need a barrister to argue for you, but it may be a good idea to at least speak to a solicitor or possibly better an insolvency practitioner and maybe have them represent you in court, all depends on what needs arguing. That is why you need to get all the info first, if it is clear that it is a simple mistake (ie totally wrong address or something like that) then that is not to difficult, if it is a fraud where they have used your details that might take a bit more arguing. Usually if it is on the basis of ought not to have been made the court will fit you in fairly quickly
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menanvasu
Starting Member

8 Posts

Posted - 01 April 2012 :  16:46:50  Show Profile  Reply with Quote
Thank you very much for your advice. I shall weigh the benefits. Also I am already very depressed due to the bankruptcy and to prepare a court case is beyond me currently.

Can the creditor ask for the court fees for making me bankrupt (for 850 pounds).

Alternatively if I pay him, can I apply for an annulment? What shall I write in the statement of truth after I pay him.

Thank you.
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debtinfo
forum expert



2826 Posts

Posted - 01 April 2012 :  16:51:55  Show Profile  Reply with Quote
If you get the annulment on the basis of paid in full (rather than ought not to have been made) then you have to pay off all your current debts and all costs of making you bankrupt and the court costs and the Official receivers costs, so that is obviously the much worse option if you dont actually owe the debt
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menanvasu
Starting Member

8 Posts

Posted - 01 April 2012 :  16:56:51  Show Profile  Reply with Quote
Thank you. This is getting worse.

I believe the OR informs me that his cost is around 1700 pounds.

Do you know how much the creditor will take making me bankrupt and the court costs
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debtinfo
forum expert



2826 Posts

Posted - 01 April 2012 :  16:58:57  Show Profile  Reply with Quote
between the creditor and the court it is probably 2-3k

do you have any other debts at all
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menanvasu
Starting Member

8 Posts

Posted - 01 April 2012 :  17:01:27  Show Profile  Reply with Quote
Thank you.

I have 2800 in my barclays and 800 in my santander credit and a 150k mortgage
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debtinfo
forum expert



2826 Posts

Posted - 01 April 2012 :  17:23:36  Show Profile  Reply with Quote
as i say, getting it overturned because you are not the debtor is your best bet,

Alot of insolvency practitioners will give you a half hour of free advice first so may be worth looking one up in your local area and seeing what they say
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 01 April 2012 :  17:36:20  Show Profile  Reply with Quote
Visit www.iva.com and speak to some of the companies on there. The advice is free.

Follow through
Make your dreams come true
Don't give up the fight
You will be alright
'Cause there's no one like you in the universe



Jan
xxx
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