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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3656
Experience:  Solicitors 2 years plus PQE
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Hello I have a Court Order "In bankruptcy". Item 3. states

Customer Question

Hello
I have a Court Order "In bankruptcy". Item 3. states - The hearing of the bankruptcy petition is adjourned to 01 December 2011 at 2:00PM at Newcastle County Court allowing 5 minutes. The Court notes the Supervisor's intention to withdraw the petition subject only to the release of the sale proceeds as set out above. Upon withdrawal the Supervisor will not seek any costs of the petition.

Does the last sentence mean the Supervisor cannot make additional charges for his services once he is in possession of the sale proceeds?

Arthur Lewis-Dale [email protected]
0191(NNN) NNN-NNNN
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

Did you sign any terms and conditions with the Supervisor?

The last sentence means that the Supervisor has not asked the court to make an order for the cost of that petition i.e issuing it and attending the hearing.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

Hi AJ


I signed Form 6.10 Rule 6.6 which included a list of creditors supplied by myself (£28,801.00) to be paid 100p in the £ and supervisors' fees of £2,000.00


 


My IVA supervisor subsequently inquired re. any outstanding income tax to HMR&C who added £6,462.07.


 


Following extensive correspondence between me and HMR&C they withdrew all demands.


 


My Supervisor has retained additional fees of £14,000 by paying creditors 50p in the £ and £6,462.07 overpaid dividend.


 


I have complained to the ACCA who do not consider that his actions amount to misconduct.


 


Regards


 


Arthur

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

When you signed an agreement with your IVA supervisor did you agree the fees of £14,000?

Kind regards

AJ