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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In 2004 our solicitor who was "assisting" us in purchase of

Resolved Question:

In 2004 our solicitor who was "assisting" us in purchase of two Buy-to-let properties was negligent in his duties and as such has caused us severe financial and mental hardship. We tried to battle the situation ourselves at first but after a year we took on the services of a Solicitor but eventually we ran out of money. A few years later, we found a Solicitor who was prepared to take on our case on a no-win, no-fee basis. We finally got a Judgement for damages and cost order on 6th Sept 2013 but we are struggling to enforce it. Both the partners in the original law firm made themselves bankrupt in 2006. The solicitors defending the ARP say that unless we make one of them bankrupt now we can't enforce the 1930 ACT but the partners feel that as our Judgement refers to an act that occurred before they became bankrupt, that our claim is included in their bankruptcy - are they right?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Did the Official Receiver include the Judgment in the bankruptcy please?
Customer: replied 2 years ago.

No because the Official receiver dealt with both partners in 2006, in 2007 they were discharged from their bankruptcies and our Judgement was obtained in 2013. But the ex-partner who still lives in the UK is adamant that because our Judgement relates to issues that started in 2004 then her in opinion our Judgement is covered by her bankruptcy.

Expert:  Ash replied 2 years ago.
Ok, but was it included in her bankruptcy?
Customer: replied 2 years ago.

How can it have been if her bankruptcy was 5 years before the Judgement? Or is it that bankruptcies can state "and any future Judgement that may be levied against this firm"?

Is there some way I could see what was included in her bankruptcy?

Expert:  Ash replied 2 years ago.
Ok - so there was a bankruptcy then a later Judgment?
So on what basis are they saying its not a valid CCJ?
Customer: replied 2 years ago.

She says that it's covered by her previous bankruptcy and the High Court have also said that they will not process my application on the basis of sections 281 and 382 of the Insolvency Act. I think I need to see her bankruptcy forms to see if there was a blanket exclusion rule included but how do I go about that?

Expert:  Ash replied 2 years ago.
Indeed,
Usually the person who is bankrupt can only include debts at the time of bankruptcy. Those incurred aftet are generally EXCLUDED.
Therefore ask for a copy. If any doubt then you can make them bankrupt again! If the debtors are sure then they have nothing to worry about.
But generally only debts included in the bankruptcy at the time of the granting of the Order
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Sorry, just one last question - from whom do I get a copy? She certainly won't supply one, she's not that sort of person, so where do I go to get a copy of her bankruptcy?

Best regards,

Mia

Expert:  Ash replied 2 years ago.
There might be a copy online if the OR has an online service.
If she doesn't supply one just make her bankrupt again. She might then be excluded from running a business!
Alex
Customer: replied 2 years ago.

Hi Alex,

What is the OR?

Mia

Expert:  Ash replied 2 years ago.
Official Receiver.
Alex
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 2 years ago.

The OR seems to think that it can be included in her original bankruptcy, I have applied for a copy and I will then take it from there.

Expert:  Ash replied 2 years ago.
Ok great. If I could still invite you to rate please. Thank you.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.