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 bankrupt this morning and now a summons
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jacqui37
Junior Member



178 Posts

Posted - 16 September 2008 :  13:36:56  Show Profile  Visit jacqui37's Homepage  Send jacqui37 an AOL message  Reply with Quote
after following advice i finaly went bankrupt this morning, heaved a sigh of relief, only to come home and find a summons at my door, what do i do, just want to leave this earth at the moment. very distressed Jacqui

jacqui37
Junior Member



178 Posts

Posted - 16 September 2008 :  13:46:20  Show Profile  Visit jacqui37's Homepage  Send jacqui37 an AOL message  Reply with Quote
thankyou i do feel so alone, theres no justice in this world, all they ever had on me was me letting someone use my adress for mail nothing more, but they dont belive me and want to use me as an example as they say, well i will try and hold on, but life is just so crap wots the point, thanks for listening me mate, Jacqui xx
quote:
Originally posted by Needafriend

Hi me again,

I have called the helpline and given them permission to give you my contact number should you wish to speak.
I cant list them on here but i am here for you.
Please Jacqui if you want a friendly person just to speak to contact them and ask for my phone number.
Most of all dont panic, call the helpline and mention about the summons and ask if they can help and advice you on that.
Please take care.


Jo x

"There is light at the end of the tunnel, if you cant find it get a brighter torch"

For links to help with Bankruptcy, useful web pages and also a run down of my new debt free life, both before and after Bankruptcy, then please visit my blog:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/

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Suzanne
Average Member



United Kingdom
869 Posts

Posted - 16 September 2008 :  13:58:18  Show Profile  Visit Suzanne's Homepage  Reply with Quote
Hi jacqui

The bankruptcy order is your protection against creditors taking any further action. They can do nothing now as anything they try will have no effect and has no standing in law.

If you feel you can, contact them and let them know about the bankruptcy and provide them with your court reference (name of court and number at the top right hand side of order).

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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jacqui37
Junior Member



178 Posts

Posted - 16 September 2008 :  14:26:58  Show Profile  Visit jacqui37's Homepage  Send jacqui37 an AOL message  Reply with Quote
hi suzanne i took your advice and just rang dwp solicitors office, i told them that i had just gone br, they wernt realy interested and said this is now a criminal case, even though i have not been convicted, and br will hold no means with them, is this true, and should i carry on making payments to them or hold off for the court case in October, i feel so intimidated by them.
quote:
Originally posted by Suzanne

Hi jacqui

The bankruptcy order is your protection against creditors taking any further action. They can do nothing now as anything they try will have no effect and has no standing in law.

If you feel you can, contact them and let them know about the bankruptcy and provide them with your court reference (name of court and number at the top right hand side of order).

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk


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BankruptC
Senior Member



1030 Posts

Posted - 16 September 2008 :  15:09:49  Show Profile  Reply with Quote
Hi jacqui,

I can appreciate how you feel. These companies can really dig their heals in and make you feel very small. Have you phoned the helpline yet? I really would give them a ring cos you need advice on this.

Take care hon,

C. x
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Suzanne
Average Member



United Kingdom
869 Posts

Posted - 16 September 2008 :  15:28:55  Show Profile  Visit Suzanne's Homepage  Reply with Quote
Jacqui, do you know under what section of the Criminal Justice Act 1988 they are going to use. Is it section 71 - The confiscation of the proceeds of an offence?

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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jacqui37
Junior Member



178 Posts

Posted - 16 September 2008 :  15:39:17  Show Profile  Visit jacqui37's Homepage  Send jacqui37 an AOL message  Reply with Quote
it doesnt say what act the only thing i can see is contrary to section 111A (1A) of the social security admin act 1992. if that means anything to you. i have an appt with solicitor tommorrow morn.
quote:
Originally posted by Suzanne

Jacqui, do you know under what section of the Criminal Justice Act 1988 they are going to use. Is it section 71 - The confiscation of the proceeds of an offence?

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk


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Suzanne
Average Member



United Kingdom
869 Posts

Posted - 16 September 2008 :  15:51:14  Show Profile  Visit Suzanne's Homepage  Reply with Quote
Jacqui

I have just looked it up. The remedy for this offence is prison and/or fine. Neither of which you are protected from in the bankruptcy.

You are definately doing the right thing in getting a solicitor involved, as they will have the know how to get this sorted for you.

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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jacqui37
Junior Member



178 Posts

Posted - 16 September 2008 :  16:08:53  Show Profile  Visit jacqui37's Homepage  Send jacqui37 an AOL message  Reply with Quote
oh my god. if i did win the case would the br clear the debt, can they send me to prison with a mental illness, if i won would my solicitors fees be payable by them? your realy scaring me now
quote:
Originally posted by Suzanne

Jacqui

I have just looked it up. The remedy for this offence is prison and/or fine. Neither of which you are protected from in the bankruptcy.

You are definately doing the right thing in getting a solicitor involved, as they will have the know how to get this sorted for you.

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk


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Suzanne
Average Member



United Kingdom
869 Posts

Posted - 16 September 2008 :  16:18:57  Show Profile  Visit Suzanne's Homepage  Reply with Quote
I'm sorry jacqui, didn't mean to scare you, I just wanted to make sure you knew where you stand.

When you win your case there is no debt owing, and your solicitors can ask for costs to be paid by the other side.

If your circumstances are such that a prison sentence would not be of benefit to anyone, you are not a danger to society after all, then I don't see why a suspended sentence would not be the better choice for any Judge.

At the end of the day you have to put your trust in the justice system and it is up to your solicitor to prove your innocence.

Please try not to be scared, if your solicitor is good it may not even come to a court case.

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk
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jacqui37
Junior Member



178 Posts

Posted - 16 September 2008 :  17:48:04  Show Profile  Visit jacqui37's Homepage  Send jacqui37 an AOL message  Reply with Quote
thenkyou all for all your help and support today, i do feel a bit more at ease and my very supportive partner is now home. i am seeing a legal lawyer 2morrow and will let you all know how i get on. a very special thanks to Jo you were there at my lowest ebb today and i am grateful, thanks Jacqui xx
quote:
Originally posted by Suzanne

I'm sorry jacqui, didn't mean to scare you, I just wanted to make sure you knew where you stand.

When you win your case there is no debt owing, and your solicitors can ask for costs to be paid by the other side.

If your circumstances are such that a prison sentence would not be of benefit to anyone, you are not a danger to society after all, then I don't see why a suspended sentence would not be the better choice for any Judge.

At the end of the day you have to put your trust in the justice system and it is up to your solicitor to prove your innocence.

Please try not to be scared, if your solicitor is good it may not even come to a court case.

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk


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jacqui37
Junior Member



178 Posts

Posted - 17 September 2008 :  15:24:18  Show Profile  Visit jacqui37's Homepage  Send jacqui37 an AOL message  Reply with Quote
well i have been to see a criminal lawyer, she thinks it is unfair, she is reading my file and will see me when she has a case together but is going to represent me, she seems realy nice and i was able to confide in her, she reackons it will go to crown, i will have to deal with that when it comes, keeping intouch with my doc and shrink, i do feel better today, i dont think i would have got through yeturday without you guys, you stopped me doing something silly, i will keep in contact if thats ok, thanks again Jacqui xx
quote:
Originally posted by Needafriend

Hey Jacqui

Your welcome, let us know how you get on tomorrow. :-)

It will come good in the end.

Jo x

"There is light at the end of the tunnel, if you cant find it get a brighter torch"

For links to help with Bankruptcy, useful web pages and also a run down of my new debt free life, both before and after Bankruptcy, then please visit my blog:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/

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BankruptC
Senior Member



1030 Posts

Posted - 17 September 2008 :  15:29:57  Show Profile  Reply with Quote
Please do keep us posted Jacqui!

I'm so glad you're feeling calmer today hon and better prepared to face what's coming. I'm glad you've got yourself a great lawyer too, as that will of course make things much easier for you.

We were all concerned about you yesterday and I've been looking out for an update on your meeting with the solicitor today.

Thanks for letting us know how it went and do keep posting!

C. x

Edited by - BankruptC on 17 September 2008 19:36:05
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jacqui37
Junior Member



178 Posts

Posted - 17 September 2008 :  19:33:44  Show Profile  Visit jacqui37's Homepage  Send jacqui37 an AOL message  Reply with Quote
thanks jo for some reason i feel quite close to you (not in that way dont worry lol) wish i had a friend like you close to where i live, take care jo, i will pop back on on Friday after i have seen my lawer again, oops spelling going must be the glass of wine i have, love you all loads Jacqui xxx
quote:
Originally posted by Needafriend

Hey Jacqui

I am also glad your feeling better and that the outlook for you is looking better now.

Of course keep us posted we would love to know how u get on.

Take care mate.:-)

Jo x

"There is light at the end of the tunnel, if you cant find it get a brighter torch"

For links to help with Bankruptcy, useful web pages and also a run down of my new debt free life, both before and after Bankruptcy, then please visit my blog:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/

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pauldt
New Member



91 Posts

Posted - 17 September 2008 :  20:01:36  Show Profile  Visit pauldt's Homepage  Reply with Quote
Jacqui
I am facing some **** too at the moment all I can say is stay true to yourself and share your feelings with whoever will listen who you have confidence in. I saw my counsellor today and she said a very poingnant thing today and I wrote it down.... 'we live what we think....'
so with all that in mind think about your innocence in the criminal case and regarding the br you have tried you accept you have made some decisions which have led to br.....now make a decision to think about what you have and who you are in a positive way and hold onto something very special and cherish it.....
paul

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Almost there
Junior Member



United Kingdom
288 Posts

Posted - 17 September 2008 :  20:12:54  Show Profile  Reply with Quote
Hi Jacqui, Sorry to be asking this, its just that I am considering going BR soon, and I have only just read all your posts on this subject, what exactly is it that they are prosecuting you for? I always thought that BR was not a criminal thing so I am a bit curious.
Sorry to be asking this, but it sounds as if you were feeling beside yourself and I am glad that the help on here has made you feel calmer.
Take care.
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