| T O P I C R E V I E W |
| maizie |
Posted - 19 August 2008 : 18:00:36
I went bankrupt on Friday and for certain reasons I didn't want my details to be advertised in the paper. I contacted the OR department before my bankruptcy and they advised me to write a letter enclosing any evidence etc. to pass to the judge. When I got to court the man behind the counter said no its not the court that decides this its the OR so send them the details.
Monday I called the OR and he explained that the courts were wrong and I needed to fill in a Stay of Advertisement. I contacted the court again who finally agreed that I was correct in the first place.
So tomorrow morning I have to go back to court with the form which the courts sent to me yesterday and my payment of £35.
I have just received the form and I don't understand it. My OR is closed so I don't know who else to turn to.
It is asking:
How do you wish to have your application dealt with?
a) at a hearing?
b) at a telephone conference?
c) without a hearing?
Give a time estimate for the hearing conference
Give dates of any trial period of fixed trial date
Level of Judge
Parties to be served
It is also asking for solicitors details>
Help! Im in a major panic as this has to be submitted tomorrow morning or it will be too late! 
Maizie |
| 13 L A T E S T R E P L I E S (Newest First) |
| BankruptC |
Posted - 21 August 2008 : 14:16:59
Thanks Maizie, that would be fab too. Yes please, admin, if you're reading!
CG. x |
| maizie |
Posted - 21 August 2008 : 14:09:58
There is a bit on the form that says do you require a hearing so maybe that would be your chance to explain face to face your situation.
If you wish to discuss this in more detail I am always on my personal email... I know (like me) don't wish to discuss such personal situations on the forum. Admin, if ians requests my email address please provide it to them... thanks.
Maizie |
| BankruptC |
Posted - 21 August 2008 : 12:24:54
Thanks again Maizie,
I'm worrying now,but not sure what we can get together in terms of evidence.
John, if you're reading, is this something you may have an idea about if I were to give you a call? For various reasons I don't want to go into detail on here but could do with some advice on this.
Thanks
CG. x |
| maizie |
Posted - 21 August 2008 : 12:13:49
I don't think they called anyone but I can't be sure of that. Like I said he had a copy of a written police statement so he may have possibly called to confirm that it was legitimate. I had also printed out emails etc. relating to the case and court reference numbers. I have had everything documented i.e. court dates, court numbers, police statements but if it was just your word that your safety was at risk I would honestly be surprised if they accept it.
It's worth a go but like I said you won't get the £30 back if its declined.
Maizie |
| BankruptC |
Posted - 21 August 2008 : 12:08:30
Thanks again Maizie,
It is a safety issue, but we don't really have much in the way of evidence at all. Do you know if the judge did anything like call people to clarify things or did he/she just use your evidence? As with you, it's the address we'll be requesting to be held back. Fingers crossed...
CG. x |
| maizie |
Posted - 21 August 2008 : 12:03:43
It all depends on what your reasons are... if your safety is at risk Im sure it will be accepted but if its because of your creditability (if thats how it's spelt?!) then they won't allow it. But I don't know your circumstances and it could just be down to the judge at the end of the day.
I had lots of evidence, police statements etc etc.
Maizie |
| BankruptC |
Posted - 21 August 2008 : 11:30:50
Hi Maizie,
I'm glad to hear you had a nice lady to help you out and that you got a positive outcome in the end.
What you've said has made me wonder if they'll accept our reasons or not-it's probably quite an unusual situation and we don't really have much in the way of 'evidence'. I guess we'll just have to wait and see..
Thanks for posting your update.
Take care,
CG. x |
| maizie |
Posted - 21 August 2008 : 10:57:59
Hi All
What a stressful day yesterday! Arrived at court at 9.15 and had to wait as there was a queue of people in line for bankruptcy. When it got to my turn at 11am I asked if I could go into the private interview room as my situation was very sensitive. Very lovely lady helped me with my form, just telling me where I had to put all the information. She did explain that it is very very rare for the judge to accept the stay of advertisements and she had only known him to accept 2. She took the form, went and saw the judge straight away but came back down and said that I needed to come back at 2pm. I requested to see the judge and she said she would make him aware of my request.
She kindly called my OR to let him know what was going on and I went on my way. Came back at about 1.30pm and at 3.00pm she came and saw me and said the judge had partly accepted it. The judge and my OR came to an agreement that for my safety it was best not to put where I was living either in the paper or the insolvency register. It was agreed that my name and occupation only would be put in the paper with a note saying address withheld by court.
If you are going ahead with this please make sure you have all your paperwork, it cost £30 to do this and if it isn't accepted you won't get your money back. You have to have an extremely good reason for this and provide any evidence i.e. police statements etc.
Maizie |
| BankruptC |
Posted - 20 August 2008 : 19:08:24
I keep watching to see how you got on too, because we'll be making the same request when our time comes.
Hope it went ok!
CG. x |
| John |
Posted - 20 August 2008 : 18:59:16
Hi Maizie
just wondering how you got on today regarding the Stay of Advertisement.
I hope all went well anyway.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
| John |
Posted - 19 August 2008 : 22:05:53
Hi Maizie
I've only experienced this once before and the judge was seen prior to handing in the debtor's petition as if it had been refused the client was not prepared to declare BR, thankfully the stay was granted and it took about 5 minutes with the judge and was granted there and then.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
| maizie |
Posted - 19 August 2008 : 20:37:07
Many thanks for your help, I have got myself into a bit of a state about this as I don't want it to be too late. The OR has told me to call him tomorrow morning to let him know I am going to court and he will contact me in the afternoon to make sure it has been done. How long does it normally take to make the decision?
Maizie |
| John |
Posted - 19 August 2008 : 20:14:14
Hi Maizie
I must confess I was surprised when in an earlier post I had read that the Court had referred you to the OR on this point.
I feel your best option is to go along to the Court when it opens tomorrow with the £35 and the form.
Explain why you want the Stay of Advertisement and that it is urgent. I would also phone the OR's office as early as you can in the morning and let them know you are at the Court and why.
Then respectfully request that as it was an error made by the Court official you need assistance completing the form there and then.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
