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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our Ref: HVS.VKS.AD41/1 , I have received

Resolved Question:

Our Ref: HVS.VKS.AD41/1
Dear Sir
Hi, I have received a ( potential ) statuary demand for Bankruptcy - The court order I lost in 2014 put a charging order on my property - I wasted by the court administrator the claimant could not purse or forceably sell my property.
I am now faced with Bankruptcy and potentially losing my asset in the UK ( i now reside in New Zealand )
What can i do to prevent this - details below
19 March 2014
We enclose a copy of the Order made by Deputy District Judge Cridge on the 6th March.
You will note the 34,176.58 should be paid on or before the 6th March. That date has elapsed and interest accrues on the initial debt and on the costs at the rate of 8% accruing on a day to day basis.
Dated March 2016
Please note that whilst the Charging Order is intended to secure the amount outstanding to our Client, we are also going to be taking enforcement action against you personally in the absence of any satisfactory proposals being put forward.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What is it you would like to know about this? I assume the CCJ was not satisfied? Is the debt more than £5000?
Customer: replied 1 year ago.
Hi, I reside in NZ so i cant answer the phone currently - the CCJ was ordered to be paid on the 15th March 2014 - I havent paid a penny to this yet I was advised to lodge a N245 ( i think ) form to explain my current income ( zero ) and that forcing my property to be sold wouldn't be a useful tactic.Im trying to understand what I can do to block the possible bankruptcy order
Expert:  Ash replied 1 year ago.
I assume you accept you owe the debt? Is it over £5000?
Customer: replied 1 year ago.
sorry yes, its $33,000+
Its too late to say that i dont agree, it was a loss in court?
Can a person ( not an entity or bank or company ) force someon into bankruptcy?
Expert:  Ash replied 1 year ago.
It is too late. You had 21 days to appeal any Judgment and now you are out of time. If there is a valid Judgment and its secured by charge then yes they CAN make you bankrupt. This can be by a person yes. If you owe over £5000 then you can be made bankrupt and your UK assets seized.This is because a UK Court has given Judgment and you have a UK asset. The only way you can stop this is by negotiating with the creditor, otherwise you can be made bankrupt.I am sorry if this is not the answer you want and certainly not 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?Alex
Customer: replied 1 year ago.
are you avilable to talk on the phone?
Customer: replied 1 year ago.
actually, this has taken a slightly different turn - Without my knowledge the claimants solicitor has requested a charging order court hearing on the 15th of April ( apparently applied for on the 9th of February ) I have had no emails ( I have written instructions that all correspondence must be sent to me digitally as I no longer reside in the UK ) and have absolutely no chance of making it to the court date on the 15th.I don’t know why the letter stated they are personally trying to make me bankrupt as the other letters are all about moving the charging order from interim to a full order then to an order for saleLetter from the solicitor after I asked him to send to me what letter he sent to my parents property -
29 March 2016Thank you for your recent email in relation to this matter.The application for a Charging Order over the property at 23 St Cloud Road is coming before the Court on 15 April 2016 at 1 lam when a Judge will decide whether the charge created by the interim order should continue. The amount owing under the judgment is E39,450.08.In the absence of any proposals from you in relation to payment, we shall be applying for an order for sale in respect of this property and then we shall ensure that our Client receives sufficient of the proceeds to discharge the full amount outstanding to her.Naturally, it is in your interest to suggest a suitable compromise in order that legal costs do not continue to increase as such costs will be added to the debt outstanding.We enclose herewith a copy of the interim charging order together with a copy of the application made to the Court dated 9 February 2016.Now – they have requested this court date but the land registry form they have presented is the wrong property – its my other property in the North of England ( which technically is my parents place ) As my forwarding address is the address in the north, they have obviously have gotten confused and asked for the wrong information from Land Registry.As its states in the Civil Procedures act:The judgment creditor is required to take all reasonable steps to obtain the information set out above before making an application for an order for sale. If a judge takes the view that the judgment creditor has not taken all reasonable steps an order for sale is unlikely to be granted.Does this mean that because they have messed up, it will get thrown out of court until they get it right ( obviously if I don’t mention it until the day ) along with beth fact they haven’t contacted me properly or allowed me sufficient time to defend myself?Id like to sell my house under reasonable grounds I.e putting it on the market properly to achieve the best price I can to pay the debt back – in the meantime I would propose to them a monthly amount until such time as it sells.My question: These people are crooks, they have done everything they can to squeeze me for genuinely something I never did, and any attempt in the past at negotiating an offer was laughed at. What would you advise?Tell them I will pay monthly ( don’t say anything about the wrong address? )
Expert:  Ash replied 1 year ago.
I can talk over the phone but it is an additional service.If they are applying for an order for sale, rather than a charging order (you already said they have a charging order), yes they have to take reasonable steps.You should put a witness statement to the Court saying you are outside the jurisdiction. The court may then dismiss the application.The problem is there is a CCJ against you. A Court will NOT go behind that unless its appealed and I already said you only had 21 days to do that.Can I clarify anything else?Alex
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