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 Forum Questions
 Can we argue it was our creditors' fault?
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Beatrice.rb
Starting Member



6 Posts

Posted - 04 February 2012 :  00:43:36  Show Profile  Visit Beatrice.rb's Homepage  Reply with Quote
1-Can we argue it was our creditors' fault?
2-If the judge finally makes my partner banrupt, what can happen to our business loan, to my personal loan, to our working tax credit and other benefits?
my partner(in life and in business partnership) might be made bankrupt by our commercial landlord (my partner signed the lease on his own). We do not possess anything of value at all. We rent our home. We are on a low income and get benefit help at the moment. We sell our creations and added tattooing in order to get more income and be able to finish our lease. It gave us just the capital to carry on. We intended to finish our lease then trade exclusively online which meant we would earn more as we would not have such high bills any more.We got into arrears when we lost capital/investing capital after our landlord took our subcontractor tattooist and gave him a unit in our shopping arcade exactly in front of us. Can we argue it was their fault? We still have 2+ years on our lease. We have asked them to scrap the lease and let us repay slowly. They have not accepted. They sent us a Statutory Demand with the wrong amount (They ask £15000 we owe £10000). We have applied to have the Demand set aside for the reason we dispute the amount. The landlord told us they want to make us bankrupt so they will probably serve us with another SD if this one is set aside. That’s as far as we got...

Edited by - Beatrice.rb on 04 February 2012 11:42:16

Beatrice.rb
Starting Member



6 Posts

Posted - 04 February 2012 :  11:39:43  Show Profile  Visit Beatrice.rb's Homepage  Reply with Quote
+ we paid nothing towards our commercial rent since August. We were talking with our landlord and we were waiting for them to confirm their offer of a six months rent freeze which never materialised. Our debt was growing too much so we asked them to scrap the lease, let us out and let us pay monthly for the debt. they refused.
The question is: SHOULD WE HAVE CONTINUED PAYING SOMETHING HOWEVER SMALL EVERY MONTH in order to show we were willing, would the judge prefer it if we had? To be honest at the time we invested every scrap of money we had because we were desperate to just have something to sell.


Edited by - Beatrice.rb on 04 February 2012 11:42:52
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Beatrice.rb
Starting Member



6 Posts

Posted - 04 February 2012 :  11:43:53  Show Profile  Visit Beatrice.rb's Homepage  Reply with Quote
At this stage can the landlord still back down from making us bankrupt?


Edited by - Beatrice.rb on 04 February 2012 11:45:48
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Beatrice.rb
Starting Member



6 Posts

Posted - 04 February 2012 :  11:45:13  Show Profile  Visit Beatrice.rb's Homepage  Reply with Quote
At what stage on this path will they come and take our goods from the shop?


Edited by - Beatrice.rb on 04 February 2012 11:46:18
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Beatrice.rb
Starting Member



6 Posts

Posted - 04 February 2012 :  11:48:50  Show Profile  Visit Beatrice.rb's Homepage  Reply with Quote
Sorry to ask so many questions I just thought someone is bound to know something about at least one. I'll very much appreciate your help.

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Viki.W
forum expert



United Kingdom
2211 Posts

Posted - 04 February 2012 :  20:03:31  Show Profile  Reply with Quote
Hi Beatrice,

If your business loan or personal loan are in joint names, then you are liable for them.

Working tax credits and other benefits are not affected by bankruptcy.

If there are any assets in the shop, then they will come asap.

Whether you tried to pay the lease or not makes no difference.


I suggest you speak to an expert asap for advice.




Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
Please read my experience of debt via my blog at http://vikiw.blogs.iva.co.uk/
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