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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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A Form 6.7 "Creditor's Bankruptcy Petition on Failure to Comply

Resolved Question:

A Form 6.7 "Creditor's Bankruptcy Petition on Failure to Comply with a Statutory demand for a Liquidated Sum Payable Immediately" was issued to me which concerned Form 6.1 (this form was given to my wife, whom did not pass onto me because she felt I was under extreme stress). The creditor claims that I owe them £8,660.78 for a leased van between themselves and the company Precise Electrics Ltd which I am the director (this company is in the process of insolvency). The creditor is claiming, as the director of the company, the debtor has a duty to act responsible and to conduct business affairs in a proper manner.
The van which was the vehicle leased between the creditor and Precise Electrics Ltd was crushed by DVLA, because the tax had expired. The reason I could not renew the tax, was because I did not have the money to repair, renew the MOT and Tax the vehicle because my company had not been paid money owed to it. I do not feel I was acting irresponsible,
but was restraint from financial difficulties. what should I fill in the Form 6.19 that I intend to oppose the application to make a bankruptcy order on the following grounds :-
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Hi thanks for your question. My name is***** can assist with this.

tdlawyer :

You would say that you're opposing the bankruptcy petition on the following grounds essentially:

tdlawyer :

(a) that you were never served with the statutroy demand

tdlawyer :

(b) no order for substituted service of the statutory demand was made (if that;s the case);

tdlawyer :

(c) that you oppose the underling basis upon which the demand (and the petition) is presented, and then set out those grounds.

tdlawyer :

This is how to do it - the main headings for you to expand upon in the Form 6.19.

tdlawyer :

Obviously, I cannot say whether this would succeed - it depends on your judge on the day (the court has a discretion) and it depends on whether you can make out a proper challenge to the debt claimed.

Customer: Do you think the judge would accept answer (a) even though it was given to my wife. Could you explain answer (b) a bit more. Could I use answer a & c together
tdlawyer :

Yes, because it should still be personally served. However, if she gave it to you, it does mean the court is more likely to make an order there and then for substituted service, depriving you of this argument.

tdlawyer :

This SS order should have been made earlier though in reality.

tdlawyer :

So there is an argument there for you.

tdlawyer :

Does this answer your question? Is there anything more you would like to ask me?

tdlawyer and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.
Because the lease agreement was between the creditor and the Ltd company that I was the director of, could I Oppose the bankruptcy because it was between them and not me personally
Expert:  tdlawyer replied 3 years ago.
Yes, if the basis of the debt is the money due under the agreement to which you're not party, then yes, you should be able to oppose it on that ground so long as you haven't given a guarantee or other promise to pay the money under that agreement with the company.
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