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JimLawyer
JimLawyer, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 7075
Experience:  Senior Associate Solicitor
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Assistant: How can I help? I have a bankruptcy hearing

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Hi
Assistant: Hello. How can I help?
Customer: I have a bankruptcy hearing coming up in February and I have so far objected to the Statatory Demand as the interest calculation on the demand was incorrect amongst.3 or 4 other points too. I am also presenting to the courts a claim which will be registered to be heard for.mpre money than is owed to the claimant of the Statatory demand. In you opinion with the court stay the demand untill my claim is heard
Assistant: Where is this? And has anything been officially filed?
Customer: It will be submitted.tomorrow to Luton County.Court
Assistant: Has anything been filed in civil court? If so, what?
Customer: Only the original claim which was heard in court 2018 which I lost. I have tried to appeal this but have been rejected due to incorrect submission by my solicitor. Hense the stat demand served on me October 28.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: As I have indicated the court has accepted.my objection to the Statatory demand because they have given a hearing date of 21 Feb 2020. And prior to this I will have my claim against the claimant for damages registered for the court process.

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

Yes, it is likely especially if the statutory demand contains errors - the court will hear both parties and if the demand is defective then it is likely to be set aside. The debt would still be present though. You can also advance the argument that you have a counter claim (to go through the courts via a claim) and as such, the correct way forwards would be to start county court proceedings, yourself as the claimant, and if the defendant still thinks they have a case then they can defend the claim and they would have the option of making a counter claim.

I hope this helps – if you can please give a positive rating by clicking 5 stars (at the top of your screen), I can answer any follow up questions at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

Customer: replied 10 days ago.
Hi Jim
On other question. Is there a way I can get an order against me re hear in the court of appeals. They have rejected my application back in November.2019 and I think this is because my solicitor filed a request to appeal within 21 days of the court hearing, but did not put the correct reasons for appeal. However they did state that the true reasons for appeal could only be stated once they had seen a copy of the transcript. It seems I am being refused because of the wrong reasons for an appeal by the solicitors.
This process seems very.unfair as I have 100% proof of my innocence and the judge has got.the case wrong even by ruling against the Supreme Courts directions to find me guilty. It's just.not.right and I need a way to be heard.
Thanks
Graham

Hi there, yes you can do - the court has discretion to allow an appeal in late for reasons including solicitor-negligence. Though you are better off instructing a firm of solicitors who deal with professional negligence claims to do this for you. Given the cost and complexity (they should be able to offer a no win no fee arrangement).

I will find a few firms which you can approach for this - if you can give me a couple of minutes I will come back to you...

I hope I have answered your question. Let me know if anything requires clarification. In the meantime if you could either leave a star rating, or reply “yes”, I would be very grateful.

Many thanks,

Jim

Customer: replied 10 days ago.
Thank you Jim for your help. I'm in a desperate situation as having a Court Order against me is something that I am finding difficult to deal with, especially as the I did not do the crime. I need to get my case re heard and don't know how to convince the court of appeals to allow this. I have spent my life building assets for my retirement, and the claimant is trying to bankrupt me just because he thinks he can. This has been stressful and continues to be so.
4 years so far and a lot of bad advice from my ex solicitors.

It sounds like you have had a torrid time of it and I am sorry to hear. It would be worth speaking to one or all of those law firms to see if they can help and take on the appeal case.

JimLawyer and other Bankruptcy Law Specialists are ready to help you
Customer: replied 10 days ago.
Thank you Jim much appreciated