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| T O P I C R E V I E W |
| Mr.E.Guest |
Posted - 25 March 2009 : 14:42:08
Hi All,
Well today was supposed to be the day - we got up bright and early and travelled 100 miles to Stoke on Trent with our money and forms.
Prior to this (bearing in mind we'd lived in Wales since mid November) I'd called our Borough Court, back where our old address was, who'd directed me to our magistrates court, again back where our old address was.
The Magistrates court had told me that you had to go BR where the debts were accrued - double checking again yesterday I was told the same thing - I even rang our (now) local Magistrates Court in Wales to be told "no you have to go BR where you built up the debt" - even our IP had stated this.
How pi$$ed off were we after waiting for an hour to be told "you can't go BR here - you have to go to your local MC".
Upon forcing the issue the Clerk called our now "local" office only to be redirected to yet another MC 30 miles in the other direction from where we now live - who upon chatting to us told us that if a debtor had travelled back such as us there was no reason why they should not be made BR - it was a matter of customer service.
I asked her to express this opinion to the Clerk - and in a miraculous change of policy we were told that we now could go BR in Stoke - however no slot could be guaranteed.
We pointed out that as we had a #4 ticket and #3 had already gone in 1,2 & 3 taking 20 minute intervals sureley #4 would be able to follow on soon "no not you as you are a special case and the Judge will have to squeeze you in when they can" we were told.
As we had to be back in Wales to pick kids up we felt that this was just to antagonise us and so after waiting a little longer we had no choice but to leave and drive 100 miles home and book an appointment at our "local" MC.
The whole point of moving was to leave our past behind - now my wife is concerned that going BR in Wales will lead to the BR being published in the local paper and her newley acquired job being jepordised 
Who is right or wrong - no one in the Civil Copurt appears to have a bl**dy clue...
Moan over 
What doesn't kill you makes you stronger (I hope ;-) |
| 14 L A T E S T R E P L I E S (Newest First) |
| Mr.E.Guest |
Posted - 26 March 2009 : 11:33:21
Hi All,
Have spoken to the relevant CC today - what a breath of fresh air! - They were all aware of our escapade yesterday and felt very sorry for us.
I've yet to book a date, as I have to coordinate with the wife and her new job, so we can go together.
However they have agreed to keep the fee to £495 each and they actually all sound very human.
Cheers
Tim
What doesn't kill you makes you stronger (I hope ;-) |
| Mr.E.Guest |
Posted - 26 March 2009 : 09:57:08
Hi All,
Thanks for all the clarification - looks like its a local BR then.
Will keep you posted.
Out of interest what is the OR in Chester like?
Cheers
Tim
What doesn't kill you makes you stronger (I hope ;-) |
| pigsick |
Posted - 25 March 2009 : 23:55:11
You have had a bad day, tell your wife not to worry about the BR going in the paper, I dont know where you live in wales, I am on Angelsey, but my OR is in Chester. We looked in the local papers for about 3 weeks after the date of BR (as I was worried for the same reason as your wife, about co workers finding out), as of today I have never found it in any of the local papers.
Please tell her not to worry to much.
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| John |
Posted - 25 March 2009 : 20:04:15
Hi
What a day!!!!!!!!!!
the rule is you must declare bankruptcy in the county court that holds jurisdiction over the address at which you have lived for the greater part of the 6 months immediately prior to the petition being submitted. If you moved to Wales in November then it won't be Stoke. Of course if the appointment at Stoke had been made for 2 months and 29 days from the date you moved to Wales that would have been ok but as soon as you had lived in Wales for 3 months and 1 day that all changed.
And to confuse the issue even further, irrespective of where you live, if you run a business from an address other than your residence then you must declare bankruptcy in the court that holds jurisdiction in bankruptcy over the business trading address.
By now it's not a case of if Stoke can help, you live outside their jurisdiction so technically they cannot.
Also, even if you had petitioned at Stoke in time the bankruptcy details must be advertised both in Stoke and in the area of Wales you live in.
John White
England Jackman & Spacey |
| Skippy |
Posted - 25 March 2009 : 19:35:51
I really don't know if you could do this. I went BR in the same court that my IVA was heard at, and as I've lived in this area all my life there wasn't anywhere else I could go! Luckily my local court doesn't deal with BR, as I used to work at the magistrates's court next door!
You've been treated appallingly and I hope you can sort something out x
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
21 IPA payments made, 15 to go - on the home straight! |
| Mr.E.Guest |
Posted - 25 March 2009 : 19:28:42
HI Skippy,
I'm gathering that this is the case - its a pitty no one can drum this into the CC staff who all have different opinions.
Is it feasible at all to request a hearing in Stoke? - Do you have to have a very plausible reason not to go to the local CC?
Cheers
What doesn't kill you makes you stronger (I hope ;-) |
| Skippy |
Posted - 25 March 2009 : 19:23:47
You should petition for BR in the court nearest where you have lived for the majority of the last 6 months, not the one where the debts were accrued.
Not all county courts deal with BR though.
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
21 IPA payments made, 15 to go - on the home straight! |
| Mr.E.Guest |
Posted - 25 March 2009 : 18:46:41
Hi All - thanks for the feedback.
Ironically Melanie it was the HMC site I used to contact our closest CC only 15 miles away from our "new" address and they advised me that I needed to go BR in our centre of interest where main debt had been built up.
To be honest I don't give a to$$ where we go BR but my wife really wants to go BR back in Stoke so the press details are printed over there and not here - she is a worrier and has only just got a new job.
I can understand as she wants closeure and wants to leave all our baggage back in Stoke and not have even the potential of the old life encroaching here.
Can we insist on Stoke with a CC?
Cheers
Tim
PS - we are both not so moany now after a bottle of Merlot 
What doesn't kill you makes you stronger (I hope ;-) |
| pix1 |
Posted - 25 March 2009 : 17:48:07
I think the Magistrates Court are not the people to be dealing with. It should be the County Court. Sometimes County Courts and Crown courts are combined in the same building.
My wife went bankrupt in a county court jurisdiction where we had only lived for a month. I think the main thing is that it should be in the 'centre of your main interests' more than how long you have lived somewhere. It was like that for my wife, anyway.
I think Stoke on Trent should take you...eventually.
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| Melanie.n |
Posted - 25 March 2009 : 17:43:48
I am so sorry to hear your bad experience, but would advice you to ring the local court where you have booked your appointment for next week and state what has happened due to poor customer service by the courts yesterday, can you be assured that you will only have to pay the fee that was required yesterday and not the new fee coming into play next week! Get this agreed before hand with the Court Manager (If you type in HM Courts on Google you will get the courts service website select the correct court and you will be able to access the court managers direct telephone number) I would most certainly do this, as you may turn up next week and unless you have agreed this before hand you may have some snotty celrk insist you pay the increased fee, and you should not have to, considering the bad adivce and inconvenience you have faced.
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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| Niobe |
Posted - 25 March 2009 : 16:38:07
Don't forget also, that the fees go up as from next week - it will cost you £515 per person not £495.
The glimmer gets brighter all the time
Jan
xx |
| Mr.E.Guest |
Posted - 25 March 2009 : 15:32:17
Hi,
An IP, an MC 15 miles away and the MC where we used to live all advised us that you had to go BR where the debt was built up - 2 of these were as recent as yesterday as I was double double checking as if we could have avoided that 200 mile round trip it would have saved about 6 hours & £40 of petrol!
We can get into MC 2/4 locally BUT - my wife has a new job and it was difficult enough to get today off let alone a day next week - plus the publication in the local paper which really worries her!
What doesn't kill you makes you stronger (I hope ;-) |
| Jane.l |
Posted - 25 March 2009 : 15:03:51
what a faff! You have to go bankrupt in the court nearest to where you have lived for the past 6 months, who told you otherwise??? |
| Skippy |
Posted - 25 March 2009 : 14:54:23
I'm sorry you had such a rotten time. I was under the impression that you had to petition for BR at the County Court who cover the area that you have lived in for the majority of the last 6 months.
Have you got a new date from your local court?
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
21 IPA payments made, 15 to go - on the home straight! |
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