fighting bankcruptcy

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MelanieGiles

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Post by MelanieGiles » Mon Apr 13, 2009 1:54 pm
No David - the debt purchasing company is also bound under the terms of the voluntary arrangement.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Max

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Post by Max » Mon Apr 13, 2009 2:08 pm
Thank you Melanie - I will not be the only one to be relieved by that after what people have been saying on here.
 
 

kallis3

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Post by kallis3 » Mon Apr 13, 2009 2:36 pm
Sorry David, I missed that one - too busy catching up on last weeks TV looking at houses abroad that I can't afford!

Melanie answered it for you though!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Max

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Post by Max » Mon Apr 13, 2009 2:43 pm
You will one day - I shall look forward to reading on here what? and where?
 
 

kallis3

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Post by kallis3 » Mon Apr 13, 2009 2:49 pm
Somewhere hot preferably! Not fussed on where as long as the sun is shining!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Max

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Post by Max » Mon Apr 13, 2009 2:51 pm
Hope you rent it out!
 
 

kallis3

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Post by kallis3 » Mon Apr 13, 2009 2:53 pm
If I ever manage to get one, I will be moving there permanently, but I imagine it would have a spare room for my friends.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Max

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Post by Max » Mon Apr 13, 2009 2:58 pm
Kayleigh,I have a friend who is a solicitor - he told me the firm you mentioned lose alot of actions - the judges do not, apparently ,like their alledged litigation first attitude
 
 

kayleigh

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Post by kayleigh » Mon Apr 13, 2009 3:05 pm
That does make it sound very hopeful. I have to say that as they have gone straight to bankcuptcy not even going down the route of a ccj the judge should at least give me time to set up an IVA. The solicitors advertise for injury claimants and their cost for litigation is covered by an insurance policy.
 
 

Lisa2009

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Post by Lisa2009 » Mon Apr 13, 2009 3:14 pm
I personally think you will be quite lucky and the judge will be on your side.
You are demonstrating that you are willing to pay back your creditors through the DMP. That should hold good ground for you.

Good luck xxx
http://mrsskint.blogs.iva.co.uk/ 'Our Story'


Nil carborundum illegitimi
 
 

kayleigh

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Post by kayleigh » Mon Apr 13, 2009 3:25 pm
Thank you all for your support. I just hope the judge sees it that way. I will tell you what happens tomorrow after the court case and after I've finished work.
 
 

David Mond

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Post by David Mond » Mon Apr 13, 2009 3:33 pm
Hi kayleigh - you should have no problem tomorrow explaining to the Judge that you are attempting an IVA. Showing the letter from your proposed IP will do the trick. My firm usually writes to the court explaining that as well.

Also explain in a concise a way as possible how the debt was "bought" from MBNA and how the new owner just issued procedings without any dialogue.

One thought though passes my mind - any purchaser of a debt has to follow the exact same procedures as MBNA would have done if they decided to use the bankruptcy route and patently this new owner of the debt did not. Good luck for tomorrow.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
 
 

kallis3

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Post by kallis3 » Mon Apr 13, 2009 3:40 pm
Good luck!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

MelanieGiles

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Post by MelanieGiles » Mon Apr 13, 2009 3:59 pm
Your IP ought to be doing more for you - like writing to the Court and the petitioning creditor to seek their agreement to an adjournment. I am sure that the judge will grant this on a first application - do let us know how you get on and make sure you arrive at Court in plenty of time for the hearing.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Max

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Post by Max » Mon Apr 13, 2009 4:09 pm
I have just read out David M's response to my solicitor friend over the phone - he said David is absoulutely correct and that the Judge should take a dim view of what has happened. He also said that Judges do not like to be forced and often, when an attempt is made, go in the opposite direction. Let us hope yours does such. He also agreed with Melanie that the IP should have done more and told me to tell you that perhaps you ought to take some advice from her as to what to do (if anything) about the IP. If you want me to ask him anymore questions come back to me - he is in a group up here who are trying to bring this forum to the front> Melanie helped one of his freinds - a solicitor- a few years ago
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