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| T O P I C R E V I E W |
| nomad2be |
Posted - 25 May 2012 : 20:26:01
I am in a dire position, already bankrupt, discharged, spent some money I shouldn't have during and now it's getting even more complicated. The Official Receiver ignores me, the courts are passing judgment on 3rd parties and family members and one of my creditors is making further direct threats. It only gets more complicated hereon in and technically, I don't think I should have ever even been made bankrupt.
I can't find legal aid solicitors who will help, the CAB is proving a waste of time and I have now spent months waiting on hearings, the Official Receiver and a litigation funding company who won't help because the Official Receiver denied me access to papers I gave them which I in hindsight should have taken copies of first.
I don't know what to do anymore. I have little money and I cannot find help anywhere. In the words of Princess Leia, help me bankruptcyhelp.org.uk, you're my only hope.
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| 10 L A T E S T R E P L I E S (Newest First) |
| RHB |
Posted - 30 May 2012 : 14:23:49
You should have declared your inheritance to the OR in the first place - understandably it looks as though you were trying to defraud by not doing so & any money given to relatives will be claimed back.
As for the guy threatening you - you are bankrupt & cannot therefore pay him anything, any money due to him comes from the OR. If you are scared of possible violence then you need to involve the police, this is illegal harassment. |
| Niobe |
Posted - 26 May 2012 : 15:15:46
You won't get legal aid for an IP anyway - you can, however, get initial advice free.
Pick up the phone and speak to one of the experts who post on here or on the sister forum www.iva.co.uk
Follow through
Make your dreams come true
Don't give up the fight
You will be alright
'Cause there's no one like you in the universe
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| nomad2be |
Posted - 26 May 2012 : 14:54:29
Thanks and yes, I know I do, the problem is finding one on legal aid. |
| debtinfo |
Posted - 26 May 2012 : 14:40:41
It's really impossible to answer all those questions correctly with the few details we have. You really need to sit down with an insolvency practitioner and work through all the details. You also really need to set aside any preconceptions, for instance in one question you ask what the or should do and in another you seem to have made your mind up already that they have been incompetant |
| nomad2be |
Posted - 26 May 2012 : 14:05:01
The FSA part is done, I can't argue that, the litigation solicitors pretty much confirmed with their 'without prejudice' its all over. THESE are the questions I really want answered though...
1. How does the claimant even know what and whom received money and in what capacity?
2. Does he have legal rights to make direct claims to these 3rd parties (mother and sister)?
3. Why and how was a judgement passed in Northampton?
4. What should the Official Receiver have done?
5. What now can I do in this respect?
6. Can I Complain against court, OR and Uwe for perversion of justice because he is ignoring the bankruptcy?
7. Are the claims of commit to defraud libel/slanderous claims in the eyes of the law?
8. Can I do anything about these lies?
9. Does he have rights to make 3rd party debt collecters from overseas get involved?
10. Are these threats?
11. Are they perversion of justice?
12. What can I do?
13. I fear for myself and my family, sister, nieces and mothers safety.
14. How can this end?
15. Can I counter sue for threats, perversion of justice and libel?
16. Can I settle this any way?
17. I went to the police and they said I cannot be charged for 2009 as the FSA already investigated, is it over?
18. Can I be charged by anyone in the future regards inheritance spending?
19. Can I get a restraining order against this man?
20. Will my mums credit file and court record of judgment be immediately squashed?
21. Can I get compensation for stress and incompetance of the OR regards Uwe?
22. Can I get money for the same from him?
23. What about loss of earnings since never insolvent except for breach of contract?
24. Was the breach of contract stupidly high in amount, legally?
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| debtinfo |
Posted - 26 May 2012 : 13:56:23
ok going all the way back to the start, you say the FSA offered you bankruptcy or prosecution, so what was it that you owed to the FSA, some sort of fine? |
| Niobe |
Posted - 26 May 2012 : 13:11:44
That's some story!!! Sorry but I have no idea how to answer it at all.
I hope one of our experts can assist,
Follow through
Make your dreams come true
Don't give up the fight
You will be alright
'Cause there's no one like you in the universe
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| nomad2be |
Posted - 25 May 2012 : 22:04:11
Okay, I hope you are sitting comfortably, this is a long story.
During 2009 I and a few friends put some money together in a pot and gambled on the foreign exchange markets with the intention that at the end, we'd split whatever we'd made, seemed as risky/rewarding as the national lottery and the regional tax office said no different to us all piling into Ladbrokes together every Saturday afternoon. It was £250 a piece between 5 of us, come year end it was £40k and 25 of us.
Needless to say, we all lost out money, no big surprises there, the problem is, someone told the FSA and because it was my idea, I was then investigated for running an 'unauthorized collective investment scheme'. Meanwhile, a disgruntled member of the 25 filed a judgment order against me in court with a £50,000 breach of contract claim on his lost money. Now I'd lost money too nothing more than I could afford of course, but this guy had lost everything and, because I was being investigated by the FSA with threats of prison and had no legal advice, the judgment slipped by me and got passed by default.
Skip forward to April 2010. My grandmother passed away bequeathing me an inheritance and the FSA had offered me the ultimatum of bankruptcy or prosecution. I chose bankruptcy and set precedence with the FSA as unbeknownst to them, the guy I'd mentioned earlier had already filed for my bankruptcy so the FSA said, okay, we'll just join you on that. Again, with no legal advice (I was never rich and the CAB were never much help), I sat in the court and held my hands high thinking 1 word in argument and the FSA would prosecute. I never mentioned the ludicrous £50,000 BoC claim nor inheritance due. I was adjudged bankrupt.
For the next 12 months I tried my best to comply. My next problem arose when I received part the inheritance and err, spent it on mortgage arrears, council tax arrears and some to personal family debts. Once the Official Receiver was made aware, I was slapped with a 14 year BRU and been paying it back monthly since.
All fair enough so far you might say, although personally and since speaking with another litigation solicitor, I was not running a business and I would not, nor ever would have been insolvent if not for the BoC claim. I had the inheritance and minus the lost money in 2009 and personal credit card debts etc, I had a surplus for over £18,000. Anyway, I pushed on after my discharge, making formal complaints to the ombudsman etc per the court given leaflets, then I tried for Litigation funding and filed for a 303 hearing (can't annul with a judgment in place he said), then for the judgment to be dismissed due to the FSA hold on me (the Official Receiver said I had no place to make such a claim to anyone but themselves) and then tried to get copies of all documents for legal help of which the Official Receiver then flatly denied me.
All this takes us around to February of this year now. 8 weeks waiting on letters back from the Ombudsman etc, 4 months waiting on court hearings and a further 3 months waiting on copies of emails and papers from the Official Receiver between myself and the people in 2009. Finally, after another week or 2, the FSA turned around and said their ultimatum of bankruptcy or prosecution was ''without prejudice''.
No further forward than I was nearly 2 years prior, the initial claimant who filed the bankruptcy then filed a money claim online against my sister and mother separately as I used their bank accounts for receipt of inheritance at the time as I did not have one for my inheritance and accused them of aiding and abetting and conspiracy to defraud. The Official Receiver turned around and said they believed the only person to whom the inheritance is owed is them. This morning my mother received a county court judgment against her for this money despite them assuring me they would inform the creditor and we forwarded the OR letter to the court in response. We are still waiting to hear what the court say in response to my sister. On top of this I also received a letter from the claimant saying he had instructed 3rd party debt collectors from Russia to get his money from me, despite the bankruptcy he put in place.
So now I'm being threatened by the claimant, he is making third party claims to people who only owe money to the Official Receiver, the courts are granting it, the Official Receiver is not saying a word or talking to me and I am still of the opinion the judgment should never have been (default due to confusion in FSA investigation at the time), and such, all debts would be repaid if so. I have no money, no idea where to turn and no light at the end of any tunnels.
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| Niobe |
Posted - 25 May 2012 : 21:26:50
Must admit that I was a bit confused with this one - needs the full story I think.
Follow through
Make your dreams come true
Don't give up the fight
You will be alright
'Cause there's no one like you in the universe
|
| debtinfo |
Posted - 25 May 2012 : 21:11:42
Why don't you start at the start and explain the situation so far |
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