Yes and Yes.
I have asked for a case to be reconsidered at an Oral Hearing before without any problems.
I suspect the Court lost the letter.
17 June 2011.
Oral Hearing App 25 June 2011 by fax
I am not chasing it! Having an Appeal pending suited me until July 2012.
The whole matter is a clerical farce, the wrong recording was sent to the transcription people. After 3+ months the right one was found. The judgement took 2+ months to approve. All the while the Appeal Court was kicking my ar*e. The Court is not my bailiwick! This is all documented in embarrassing detail.
In the meantime, business continued as usual. The OR and Trustee did nothing to protect the assets from the consequences of the bankruptcy.
I have the votes to force through any IVA and force massive losses on the Crown as tax collector. I do not wish do this in spite of prompting by the Insolvency Prof.
You are using too much technical common sense. I have already looked at seeking a stay but will, if necessary, default to the IVA.
Can you answer the other questions plse?
2. In the meantime, pending the outcome of the Appeal and on the assumption that the Appeal was extante, I simply carried on business as usual. This matter was fully disclosed to the OR and I voluntarily agreed to a suspension of the 12 months rule. As part of "business as usual" I paid some £48K+ to mortgagees.What is the status of this £48K? Can the Trustee pursue this? What is the Case Law on this matter?3. The Trustee is attempting to Repossess my home, even though he is third in line and the other charge holders are happy. I am appealing the PO and want it suspended on the basis that there are many other assets which will clear the debt. What is the method and process of Appealing to the ECHR under Article 8, rights etc? Can the PO (and warrant) be stayed pending the outcome of the ECHR?
Update (Please read my questions, your requests for fi and your answers):
The farce continues: At the Permission To Appeal hearing (25 01 2013), HHJ Pelling was on seat. My arguments centred on the proposition that I am solvent - or was in Aug 2010 when the Default bankruptcy was given.
That there were plenty of other assets where the Trustee ranked higher etc.
On at least 6 occasions HHJ commented that these were arguments regarding the Appeal of the Bankruptcy Order. Eventually HHJ asked what had I done about the Bankruptcy Appeal. I referred him to p 315 of the Bundle where the Order refusing the Appeal was exhibited (but with no name). He asked what I had done about it? HHJ then commented it was his order!
Next page was email between me and sol where he advised me to go for an Oral Hearing. Page after that was letter copy of letter of 27 06 2011 to Court requesting Oral Hearing. I had heard nothing so Appeal was extant - also debt was ex nihlo, utilising Crown Preference to hide behind Liability Orders that Court cannot go behind.
HHJ was not happy but stuck to the rules and refused permission to Appeal. My Witness Statement also stressed that this was not only an abuse of Crown Preference but a business development (i.e. fee earning) opportunity by Cobbetts - an exercise in fee maximisation via churning of the account.
I then emailed the Court regarding the Bankruptcy Appeal and 3 days later also asked for a whole series of Stays and Injunctions.
I have asked for Order to be emailed to me as was going away. Court said no and have picked up Order from HHJ Hodge refusing Oral Hearing on basis of:
1 & 2. No letter requesting Oral Hearing on file. My proof of fax is lost but I approached sender and have copy of log faxing to Court fax no on 27 06 2011.
3. No communication from me until 31 01 2013. This is correct but I am subject of Court, have no status and have often had to wait 18 months before any action by court. Real reason is that Fax proof and proof of posting of Transcript of Judgement are lost. Only thought of log of Fax sender at end of Jan 2013. This has been sent to the Court.
4. No transcript of judgement on file . As per 3, the proof of posting is lost but it was posted to Court 4.30, 1 April 2011 from Heaton Moor PO. This information was passed to Court via email to Court on 25 05 2011, with another copy of transcript.
Stays and injunctions were also refused but HHJ Hodge said section 282 or 375 of Act available to Annul bankruptcy.
1. Amazingly, Cobbetts have gone Bust!
2. My Trustee has retired - more likely resigned/ sacked from Grant Thornton.
Whilst checking out sections 282 and 375 I came across a case against Wolverhampton Council where a judge went behind the Liability Orders supporting a Stat Demand and bankruptcy. The debt was for £750 but the costs etc. were £37K+. The Local G Ombudsman found in bankrupts favour and Wolverhampton had to return him to "where he would have been."
By the way, in an earlier Appeal, it was HHJ Hodge who refused to go behind the LOs, ergo confirming the Stat Demand.
1. Is there a formal method of approaching High Court to get them to reconsider the Oral Hearing? It is obvious that the the basis of the Order was assumptions that can be proved to be wrong - via the fax log and email to the Court with the Transcript which was also posted on 1 st April 2011.
2. Failing that, what is formal approach to Annul Bankruptcy under sect 282 or 375, 1? - i.e. which form etc.?.
3. Can this Application be expedited, or immediate Stays, Injunctions be put in place pending Hearing? Basis of Stays is that Losses to me will explode from a few hundred £K to £2.5M in the next few months. Out of the loss of £2.5M, the Crown will lose circa £800K in CGT.
Let me know charge asap!