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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 18809
Experience:  Solicitor
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Taking someone to court while bankrupt, newcastle upon tyne

Customer Question

taking someone to court while bankrupt
JA: Where is this? It matters because laws vary by location.
Customer: newcastle upon tyne united kingdom
JA: What steps have been taken so far?
Customer: TPDO and judgement by default
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 25 days ago.
Category: Law
Customer: replied 25 days ago.
hi, i am the claimant in a case where i am owed a sum of money (proven by text) the defendant got a judgement by default and claims he sent in defence on time. he filed an n24 to set jusgement aside which i responded too and hearing is on friday remotely. he has since come back 4 days before the hearing with a document stating that because i was bankrupt at the time of filing the court case that it shouldnt be allowed. this is true but am now discharged, whats your advice for this?
Expert:  Jamie-Law replied 25 days ago.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Expert:  Jamie-Law replied 25 days ago.

Was it a debt which occurred in bankruptcy? If so, then it needed to be included in the bankruptcy.

if it was not, then you can not claim it now.

That is because it was a debt capable of being included.

So I am sorry to say if it was a debt capable of being included then it should have been. You can't claim it now.

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?

If you need anything further I am available for a follow up at no extra cost.

Expert:  Jamie-Law replied 25 days ago.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.

Customer: replied 25 days ago.
Im not sure if i have explained it correctly the money was owed to me by the claimant
Customer: replied 25 days ago.
sorry no money owed to me BY the defendant and i was made bankrupt
Expert:  Jamie-Law replied 25 days ago.

Yes, I understand. But if you could have included it, then it should have been.

Does that clarify?

Customer: replied 25 days ago.
i thought only MY debts went in my bankruptcy...
Expert:  Jamie-Law replied 25 days ago.

Yes, any assets belong to the Official Receiver.

Does that assist?

Customer: replied 25 days ago.
im discharged now. if this gets thrown out or dismissed on friday can i just reclaim again seeing as I'm discharged?
Expert:  Jamie-Law replied 25 days ago.

No, it would be an abuse of process.

Does that assist?

Customer: replied 25 days ago.
even though the money is still owed to me? how do they define it as abuse of the process? this is my last question thanks
Expert:  Jamie-Law replied 25 days ago.

Correct. I am sorry. Does that assist?

Customer: replied 25 days ago.
thank you
Expert:  Jamie-Law replied 25 days ago.

My pleasure. Sorry its not better news

Customer: replied 25 days ago.
why have i had £50 taken out of my bank account when it said this service costed £5
Expert:  Jamie-Law replied 25 days ago.

You need to contact customer services please***@******.***