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SolicitorRM, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 5419
Experience:  Director and Principal Solicitor. UK
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FAO SolicitorRM: I have in mind to make a claim for damages

Customer Question

FAO SolicitorRM:I have in mind to make a claim for damages against an Official Receiver. The events in question took place between 13 June 2017 and 21 July 2019. I understand that, for the purposes of a claim for damages, I am still within the time limits. I would like to send the Letter before Action to the OR and wonder whether, with the relevant information, you would feel able to help me prepare this document. Regards, ***** ***** Azuonye
Submitted: 17 days ago.
Category: Bankruptcy Law
Expert:  Virtual-mod replied 17 days 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!
Expert:  Ed Turner replied 16 days ago.

Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Expert:  Ed Turner replied 16 days ago.

To enable me to answer your query, please provide me with some further information.
What were the OR's actions that caused you loss and how much have they cost you?

Customer: replied 16 days ago.
Good evening, Mr. Turner, and how are you? On 28 April 2015 a bankruptcy order was made against me, 0609 of 2014, by the Croydon County Court, on the creditors' petition. I had the initial interview with the OR on 9 May 2015, when my Statement of Affairs was reviewed. The OR subsequently provided a Report to Creditors (RTC) which listed my assets and indicated that there was little prospect of distribution to the creditors. The OR advised the creditors to contact the Trustee (TinB) if they had any questions about distribution.
On 26 April 2015 the TinB applied for an income payments order (IPO), two days before the automatic discharge of 0609 of 2014. The IPO was made for £1000 a month, and this was on 22/11/2016.
On 13/6/2017 the Court increased the quantum of the IPO to £2500 a month in spite of the evidence that I could not afford this amount, and made an attachment to my NHS Pension. The terrible financial effects of this variation (I am now 72, retired from the NHS and relying on my pensions) was such that I applied for a second bankruptcy order as I was unable to pay my bills. This second order was made on 04/12/2017, ref 0216 of 2018. Following this second BO the OR told me that it had no effect on the IPO attached to my NHS pension. I referred this to Croydon County Court, which decided that the second banky had no effect on the IPO. I appealed this decision to the High Court which dismissed my appeal. I therefore took it to the Court of Appeal which ruled, on 10 July 2019, that the making of the 2nd banky did discharge the IPO, retrospectively to the date of the second order. That meant that my NHS pension payments had been collected by the TinB between 04/12/2017 and 21/7/2019.
The RTC for the second banky did also list my assets, but what was common to both RTCs was that the OR did not identify for the creditors which of my assets formed part of my bankruptcy estates and which were excluded.
I have recently learned that occupational pensions are excluded from bankruptcy estates and that they cannot be claimed by the OR or TinB for any purposes, e.g. an IPO. I therefore argue that if the OR had, in her RTCs, informed the creditors that my NHS pension was excluded from my estates, the TinB would not have applied for the attachment of the IPO to my pensions. The failure of the OR to write to me, following each interview, and to my creditors, to confirm that my NHS pension payments were inalienable, was negligent. That negligence resulted in the TinB claiming £64,733.13 from my pension payments, with considerable deleterious effect. I became unable to pay my way. My home was nearly repossessed. I went into arrears in several of my accounts. I experienced a considerable degree of anxiety and stress, and I was spending more than I could afford in legal fees, and getting nowhere until got to the Court of Appeal. I have complained to the OR about this negligence and received the response that the complaint was out of time. I therefore have no option but to make a claim for damages which is well within time. I shall be asking for the amount taken from my pension (£64,733.13), compensation of at least £30,000, and statutory interest. I am requesting legal assistance in drafting the Letter before Action on the Pre-action Protocol for Negligence, which i know will be done far better by a solicitor than anything I could, as a layman, produce. Regards, ***** ***** ('Ikay') Azuonye
Customer: replied 16 days ago.
OK. Mr Turner is welcome to give me an email response when he is available, and we can always speak later. It will be helpful for him to let me know roughly when he will be free to call me. Regards, ***** *****
Expert:  Ed Turner replied 15 days ago.

HI.   Are you still available for a phone call?

Customer: replied 15 days ago.

Yes. XXXXXXXXXX or, this weekend, XXXXXXXXX

Customer: replied 15 days ago.
OK, I will keep this phone switched on and available in case of a call from you. Thx.
Expert:  Ed Turner replied 14 days ago.

Good morning.   I am sorry for the delay in reverting to you, but I was working off-platform all weekend.

Expert:  Ed Turner replied 14 days ago.

If you are still willing proceed, I can put another offer of a Premium Service Phone Call through the Portal.

Customer: replied 13 days ago.
Do I have to pay again?
Expert:  Ed Turner replied 13 days ago.

Our Expert Support Team have advised that you were refunded your initial Phone Call Fee as no expert accepted it.  I will attempt to place another offer through the Portal.

Customer: replied 12 days ago.
Dear Mr. Turner, good morning. Could we schedule a telephone call and try to make it? I will be available between 15:00 and 1800 hrs today., 09/06/2021 On the number beginning with 0772 .....
Customer: replied 12 days ago.
Dear Mr Turner, I cannot see your answer to my bankruptcy question. I see your suggestion of a further attempt at a phone call. Was that the answer that you were drawing to my attention?
Expert:  Ed Turner replied 12 days ago.

I will reply to you on the new thread.

Customer: replied 12 days ago.
OK, I look forward to hearing from you on the new thread. Good morning,
Expert:  Ed Turner replied 12 days ago.

Please post a reply on the new thread so I can offer a phone call.

Customer: replied 12 days ago.
If this is the new thread, I look forward to your comment.
Expert:  Ed Turner replied 12 days ago.

Please post a reply on this thread.

Customer: replied 11 days ago.
Dear Mr Turner, thank you. I am unable to open this link. I have tried to do it using both my mobile phone and MacBook Air laptop, to no avail. Is there some other way to reach me, like another link? Regards, ***** *****
Customer: replied 11 days ago.
Dear Mr Turner, this is the message that I receive when I try to connect to the link to the new thread: "We are sorry. You cannot access that page.
It may be an authentication issue, beta feature, or a blocked URL.
If you believe that you are seeing this message in error or if you would like to request permission to access this page, please contact Professional Support at***@******.***."
Customer: replied 11 days ago.
I am just getting passed from one solicitor to another. First it was SolicitorRM then Ed Turner and now another solicitor. If JustAnswer does not wish to deal with my question please say so and I will look elsewhere. I had never previously encountered solicitors who were unwilling to give advice in writing, always wanting to make a phone call and never being available for the call when it is arranged.
Expert:  SolicitorRM replied 9 days ago.

Good evebing, it's Solicitor RM. I am not sure what has been going on as I never saw your request but I knew you were going to make a request as we had discussed it. Your thread has come to me now however I am not sure how far you had gone with Ed. I am sorry you feel you have been passed on from one solicitor to another,

Customer: replied 9 days ago.
Good morning, SolicitorRM. I have been passed from one solicitor to another. I have sent you a detailed email setting out my reasons for a claim for damages against the Official Receiver, Croydon & Brighton. The next logical step was to send a Letter before Action to the OR, and I asked whether you felt able to do it. Without responding to my question you passed me on to Ed Turner who, regret to say, uncontactable. I then got a message that Ed Turner had passed me on to another solicitor who would contact me by email. No one contacted me. At this point, my question is simply whether you feel able to assist me with the Letter before Action. If you can't please let me know immediately, do not pass me on to another solicitor, and I will look elsewhere. Thank you. Dr Azuonye
Expert:  SolicitorRM replied 8 days ago.

Good afternoon, thank you very much for your message. I think the system reallocated your question Imay not have been online when you logged the claim. The option to request a premium serviced is deactivated though on this thread so although I am happy to do the Letter Before Action for you, I cannot request the offer to be sent to you. You could send an email to customer service to see if they can facilitate the offer, I am really sorry you are having to go and forth. I am online now so if they resolve it I will be able to pick it up this aftermoon.