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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5584
Experience:  Solicitor
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I've recently been made bankrupt by one company. Having

Resolved Question:

I've recently been made bankrupt by one company. Having discussed it with someone they told me that I might be able to have it overturned as the company's solicitors did not follow a "pre action conduct", basically I was told how much I owed verbally, I asked for invoices and breakdowns as although I knew I owed some, there was a lot added on that I disputed. I never received a letter asking for the money, just straight to the form giving me 21 days, and then to bankruptcy proceedings. I asked for invoices and a breakdown of the cost, they send me an email of a multi page journal giving invoice numbers and dates and amounts, but no actual indication of what a lot of the invoices were for. Any advice gratefully received!
Submitted: 6 months ago.
Category: Law
Expert:  Nicola-mod replied 6 months ago.
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!
Customer: replied 6 months ago.
Hello NicolaI'm happy to wait for a responseMany thanksJane
Expert:  Jamie-Law replied 6 months ago.

Hello my name is ***** ***** I will help you with this.

Did you get a statutory demand first? Did you apply to set it aside?

Customer: replied 6 months ago.
Hello Jamie, thanks for your reply. Yes I got a statutory demand, but I didn't apply to set it aside as I knew I owed some of the money and wanted to pay that off!
Expert:  Jamie-Law replied 6 months ago.

did you attend the bankruptcy hearing?

Customer: replied 6 months ago.
I had paid off a big chunk of the money, and wrote and explained to the judge but the other side's solicitors were very persuasive that I should be made bankrupt, the judge was sympathetic, and the OR has been very sympathetic too and advised me to get some expert advice
Expert:  Jamie-Law replied 6 months ago.

how much was the claim for and how much was outstanding?

Did you accept you owed the money?

Customer: replied 6 months ago.
The claim was for approx. £19,000, I owed around £12,000 of that I believe, but I paid approx. £13,000, so the debt was £6,000 plus £3,000 solicitors costs. But I always said I hadn't received invoices etc so wasn't sure what I was paying for exactly
Expert:  Jamie-Law replied 6 months ago.

Its bad news I am afraid. You can only get the bankruptcy annulled if:

1) They didnt follow correct procedure, or

2) The debt was less than £5000, or

3) The debt was paid.

In terms of procedure you should get a stat demand and then if not set aside, petition. If you did not set aside the stat demand they are entitled to make you bankrupt. If there was an issue over the debt you should have applied to set aside on the grounds there was a dispute.

Sadly you did not and have now lost your chance for this.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Expert:  Jamie-Law replied 6 months ago.

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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5584
Experience: Solicitor
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