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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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It is regarding insolvency and my home. Trustee is highly

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It is regarding insolvency and my home. Trustee is highly discredited person. The creditors are £33K he is asking £1,08M to annul this bankruptcy, meanwhile, he has destroyed my business and left me without a pension, now he wants to repossess my house. He was told that it is not in interest of creditors' to sell my properties, he did it as a personal vendetta against me. I did legal search myself and found out that he should not have made me bankrupt at the first place, as I was solvent at the start. Case law ( In re A COMPANY (No.(###) ###-####of 1991). How can I go about it and seek remedies? The first Bankrupcy happened when my Direct Access Barrister Kevin Leight, 4 received cash in 2010 (ME20, TAB4,P61). He was suppost to destroy the stopped cheque and refer to draw cheques. When I decided to take legal action against him for professional negligence,( Hall V Simonds (2000)) in 2012, he purportley claimed that he has not been paid. In my absecence, he got judgement against me. I was not present in hearing of first bankruptcy. Now, that I have done my own research this bankruptcy should have not happened at all. (In re A COMPANY (No.(###) ###-####of 1991)
1) During my first banruptcy, I had numerous cold calls from Bridgewood Finance to accept an IVA in order to annul the bankruptcy. I am classed as disabled(ME20, TAB7). I was under immense pressure, stressed and shocked by the situation, I accepted their IVA.
2) Bridgewood/Sargeant in their initial advice regarding IVA failed to mention that I could stay with my then Trustee Grant Thornton, one of the leading insolvency firm in U.K. therefore did not give me the choice (PPI and Bank charges cases). Trustee failed to provide terms and conditions details of liablities and obligation and impact that this contract will have on me. In his letter to Pales Bridgewood admits that they never advice me on staying with Grant Thornton, they actually poisoined me againt them, pureportely claiming”In your case Grant Thornton will charge you too much, they will sell all your houses and claim it is not enough” This is what they did themselves.
3) Every month, I had a call from different people from Bridgewood who were asking for mony. Trustee has been sabotaging my effort to have another IVA. When the 2nd IVA was proposed, Bridgewood did not mention to then major Creditor Link, that I am trying to raise money to pay the Creditors. If IP/Trustee would have mentioned to Link about my effort to raise money, 2nd bankruptcy would not have been happened at all. (ME20, TAB 4 ,P63-64)
4) During this bankruptcy, Other professional insolvency people like Hugh Jesseman of Anthony Batty Insolvency company tried to set up another IVA, present Trustee refused and prejudiced my position.
3
5) I was made bankrupt on 25th of April 2014, by my then IP, A.J. Sargeant. It shouldnot have happened. (In re A COMPANY (No.(###) ###-####of 1991)
6) I was cooprative with Official Receiver and attended an examination with Official Receivers in Reading, it was conducted by Mr Cox. As per Mr Cox's notes, dated 16th June 2014 at 17:30 “The bankrupt is not to mind giving us her co-operation” (ME20, TAB 1, P1)
7) I was very co-oprative with Trustee(A.J. Sargeant). I e-mailed trustee all the information he asked on Thursday, November 2014, of course there were some middle pages which were just repeat missing.
8) These missing pages had no effect on facts and figures. Trustee was assured that he has my full cooperation “If you need any more inforation, please do not hesitate to contact me directly. We do not recognise your solicitor. This is a simple operation and does not need a solicitor' (ME20, TAB1, P2).
9) On 22nd of April 2015, trustee made an application to court to stop my automatic discharge, under pureported claim that I did not co-operated. The order made on 22nd of April, stated that trustee and I should meet by 15th of May 2015 in office of trustee for examination. (ME20, TAB2).
10) I e-mailed trustee and told him that he has my full co-operation and I be happy to meet him. We agreed on meeting on 20th of May at his office in Nottingham.
11) I live in Oxford, I traveled from Oxford for 3 hours to go to Office of trustee with flash drive containing information requested in Court order.
12) On my arrival, I handed in the flash drive to a member of staff of Bridgewood. I was lead to a room, as I entered the room a woman all of a sudden without any provacation started shouting at me”I sell all your houses cheaply, make you homelese, make subpena against you, put you in jail, etc”, at that time, I never met either trustee or his solicitor. That abusive woman was Deborah Jenkin Jones, trustee's solicitor. I felt threatened, called 999, I was advised by Police to get out of the Office and go to station to make an statement. (Nottingham Police Reference Number: 00329-20052015).
Submitted: 12 days ago.
Category: Law
Customer: replied 12 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 12 days ago.
2. My name is***** was made bankrupt in 2012 by a dishonest barrister called Kevin Leigh.  He took cash and did not provide receipt. When I was going to take legal action against him, for professional negligence, he purportedly claimed that he has not been paid.  Now, that I am fully qualified Paralegal and doing my masters in Law, I found out that his action is illegal and challengeable, so is  action of A.J. Sargeant of Bridgewood.  (In re A COMPANY (No.(###) ###-####of 1991). The current bankruptcy should be annuled as soon as possible based on the fact, it should have not abeen happened at first place. Am also seeking remedies.3. During my firsr bankruptcy I had several cold calls from Bridgewood Finance who suggested an IVA in order to annul the bankruptcy.  I am classed as disabled under Equality and Disability Act 2010. (ME20, TAB7) Bridgewood was well aware from the start that I am classed as disabled.  There were too much sales pressure on me at the end I accepted the IVA. 4.When A.J. Sargeant set up an IVA, he did not advise me that I could stay with my then trustee, Grant Thornton one of the leading firm, therefore he did not give me the choice .  In letter of Robin Tarling to Palesa 14th August 2015(ME20, TAB, P), he confirms that they never advised me to stay with my then trustee, Grant Thornton one of leading Insolvency firm in U.K. It was a bad IVA, although I set up a direct debit to collect the money, each month, I had a call from somebody from Bridgewood asking for money. 5. When A.J Sargeant set up an IVA, in 2013, he did not check with HMRC regarding my tax liability, fortunately my then trustee Mr Hicken of Grant Thornton did check with HMRC and there were not liability. (ME20, TAB5, P68) These are the same assets and liabilities.6.A.J. Sargeant illegally made me bankruptcy (In re A COMPANY (No.(###) ###-####of 1991).  Again AJ. Sargeant did not check with HMRC regarding my tax liability, why?   My tax liability was £zero, till Sept 2015(ME20, TAB5, P74).7.All of a sudden in 2015, trustee deliberately, knowingly and maliciously provided false information to Nottingham HMRC.  The extent of this false information was so that Ms Jones , sent a highly redacted letter demanding £850K. (ME20, TAB5,P76-78). When I provided relevant information, then it was reduced to £zero pound again in 4th of July 2016 (ME20, TAB5, P89)
8. I put an application to annul this bankruptcy, he is asking for £1.08M to annul this bankruptcy.  He is asking £450k for his solicitor's fee, which is not acceptable.  He is also asking £450k for HMRC without any proof of debt.  Which part of bankruptcy law allow him to accept an estimated figure by a discredited case worker?9. 2 senior HMRC officer (Mr Chris Winder and Mr ) are both in their letter confirm that there is no tax liabilities,(ME20, TAB5,P) but, trustee is planning to award HMRC £405 based on an estimated figures from this discredited case worker. Howe re, this estimated figures are subject to appeal, trustee is denying my legal rights to this appeal, why?10. I always wanted to annul this bankruptcy, but, trustee did not provide the correct figure, My then barrister put trustee on notice on June 2015.(ME20, TAB ) If that is not enough, trustee stopped my automatic discharge on 25th of April 2015 based on purported claim that I did not cooprate. The fact that I went to Nottingham Office with all the information needed on a Flash Drive, on 20th of May 2015, with all good faith driving 3 hours from Oxford to Nottingham in order to be interviewed by trustee, all of a sudden a woman who later on found out to be D JJ his solicitor verbally abused me “ I will sell all of your properties cheaple, make you penniless for life by selling destroying your pensions, make you homeless, make a subpena against you, etc....”11.On hearing of 14th of January 2016, it was accepted by His honour Judge Jarmen best not to sell my properties, which are my pensions. (ME20, TAB6 ) I suggested that trustee sell me the equity in these properties(ME20, TAB, P) Trustee against court wishes under sold my properties, causing heavy financial damages and left me without any pension and now want to repossess my hom
Expert:  Oleksandr-Mod replied 11 days ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Oleksandr
Customer: replied 11 days ago.
I am happy to wait. This is regarding British Insolvency Law. If you need any more information, please do not hesitate to contact me.Kind Regards
Expert:  Oleksandr-Mod replied 9 days ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Oleksandr
Customer: replied 9 days ago.
Please continue your search. Do you need more information?Kind Regards
Expert:  Alex J. replied 8 days ago.

Hi, My name is ***** ***** I will review this for you. This may take me a little while, please do not be concerned if you do not hear from me right away. Kind regards AJ

Customer: replied 8 days ago.
Hi Alex,Thanks for reply. I did some research on this matter myself. I am going to use case of Official Receiver V Rooney and Paulson, as well as Special Circumstance, my mum and I are both classed as disabled, also offering to buy equity in my home. But trustee is a crook and charlatan. I would like to claim damages for not providing the annulment figure. I put him on notice since June 2015. He wanted to keep me in bankruptcy in order to increase the cost, duration of bankruptcy and sell all of my properties and brag about it with his friends. I have evidence that he has under sold my properties, he did not collect the correct rent, although he had tenancy agreement. He left houses empty for 1 years causing damages to estate. When my case was handed over to him it was a healthy solvent business, but, he deliberately, knowingly and maliciously destroyed my business which was my pension and he was well aware of this fact. He mislead the court in several occasions. His Mens Rea is Direct intent.
Please do not hesitate to contact me, if you need more information.Kind Regards
Expert:  Alex J. replied 6 days ago.

Thank you. I am reviewing this now and will respond by this evening. Kind regards AJ

Customer: replied 6 days ago.
Thanks for reply. I did some research on this matter myself. I am going to use case of
Official Receiver V Rooney and Paulson,
as well as Special Circumstance, my mum and I are both classed as disabled, also offering to buy equity in my home. My mum also has spend over £150K on remodelling the house to her needs. She also pays the bills and mortgages.
Would I be able to use the rule of 3 years "use it or loss it" As it is over 3 years that I have been declared bankrupt?
But trustee is a crook and charlatan. I would like to claim damages for not providing the annulment figure. I put him on notice since June 2015. He wanted to keep me in bankruptcy in order to increase the cost, duration of bankruptcy and sell all of my properties and brag about it with his friends. I have evidence that he has under sold my properties, he did not collect the correct rent, although he had tenancy agreement. He left houses empty for 1 years causing damages to estate. When my case was handed over to him it was a healthy solvent business, but, he deliberately, knowingly and maliciously destroyed my business which was my pension and he was well aware of this fact. He mislead the court in several occasions. His Mens Rea is Direct intent.
Please do not hesitate to contact me, if you need more information.
Expert:  Alex J. replied 5 days ago.

Hi, Thank you. I have reviewed this at length, my apologies for the delay but this is clearly a complex situation and I needed to consider it carefully. I have a few questions:

(i) Who actually petitioned for your original bankruptcy and pushed for these trustees to be appointed?

(ii) Can you actually afford to keep paying the mortgage on your home going forward?

(iii) Are you suggesting that the solicitor and trustee have been fraudulent? Have you made any complaint to the to their regulators? For example the Solicitors Regulation Authority?

(iv) What is the total value of your loss?

Customer: replied 5 days ago.
Hi,Thanks for reply.
(I) The Original bankruptcy was done by a dishonest barrister called Kevin Leigh. I paid him cash, but, forgot to get receipt from him. When I was going to take legal action for professional negligence, after 2 years of this incident, he purportedly claimed that he has not been paid. In my absent he got CCJ against me and made me bankrupt. In order to annul the bankruptcy, I went into IVA. This IVA was not a good one. They did not fully inform me of the financial consequence of IVA. They did not advise me that I could stay with my then trustee from Grant Thornton. Therefore did not give me a choice. The IVA failed and IVA supervisor, mad me bankrupt in 2014.ii) Yes, I am able to make my mortgage payments, no problem at all.
iii) Yes. This bankruptcy should have not been happened at all as per case law of (In re A COMPANY (No.(###) ###-####of 1991).
v)Round £3M.The original debt is round £33K, these crooks and charlatan are asking for £1,08M to annul this bankruptcy. Meanwhile, they have sold 7 of my properties below the market value and now they want to repossess my home. The hearing is on 27th of April 2017.I am going to argue 3 points:1. Human Rights Case Law Official Receiver V Rooney & Paulson
2. 3 years limitation period
3. Exceptional Circumstance, I am classed and disabled under Disability and Equality Act 2010.What do you suggest? I am going to High Court tomorrow, to see if I can get injunction to stop them to sell rest of my properties. At the start of this bankruptcy, I had 8 buy to let and 1 residential that I live in with my elderly mother who is 78 years old. They have under sold my properties. They did not collected correct rents an left houses empty over 1 year. They caused heavy financial damages over £3M deliberately.I look forward to hearing from you very soon.
Expert:  Alex J. replied 4 days ago.

Hi, Thank you. This is a very complicated matter and you have determine who the defendant is for the claim and how you will deal with each part. So the first stage is you are seeking an injunction to prevent the sale of your house - is this against your trustee?

The second part, in relation to your complaints against your professional advisers, I would start by making a complaint to their professional regulators - the Solicitors Regulation Authority and https://www.barstandardsboard.org.uk/ .

Who currently is the main creditor that might prevent the bankruptcy being annulled?

Customer: replied 3 days ago.
Thanks for your reply. Only God knows. Trustee as I said is accepting a total fictional estimate from a discredited HMRC case worker who her report on this matter was rejected by his honour judge Jarmein on 14th of January 2016. She is claiming that I owe HMRC £270 + Fine = £405K, this estimated figure is subject to appeal, but, trustee is not allowing appeal. As this was a plan from start to keep me in bankruptcy and keep the cost high and destroy my business and pension. Trustee also claiming £450k for his solicitor. The Crditors is only £33K. Is this fair just and reasonable? Is this behaviour of reasonable man? This is fraud. This professional bodies are not doing anything. What shall I do regarding repossession hearing? I am going to use 3 arguments:1. 3 years limitation of lost or use it2. Official Receiver v Rooney and Paulson3. Exceptional circumstance, both my mum and I are classed as disabled under Disability and Equality Act of 2010.My mum has also contributed to paying Utility bills, mortgages and remodelled the house for her special needs. She should be considered as one of the creditors. She has done a Witness Statement with proof.Any other points of law you would like to mention apart from the above one? It sounds that this bankruptcy should have not happened at all as per case law of (In re A COMPANY (No.(###) ###-####of 1991). At the time of bankruptcy, I worth round £3 - 5M and creditors were only £33K, why court of law allowed this to happen? Where shall I go from here? Judicial Review or Supreme Court or Court of Appeal?I look forward to hearing from you very soon.Kind Regards,I look forward to hearing from you very soon.
Expert:  Alex J. replied 2 days ago.

Hi, Thank you. ***** fine and tax amount needs to be appealed at a tax tribunal. I would agree £450k in costs for £33k of creditors is entirely disproportionate - was there anything complex about this, did they allege fraud or did they they have to conduct a prolonged investigation into your assets.

The first thing you need to do is contact your mortgage company and make a deal with them to keep your house if you keep paying your debts. The second thing you need to do is make professional complaints against the advisors - have you contract the SRA and Bar Standards?

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