HALIFAX **%*%&^$^%^greenspun.com : LUSENET : Repossession : One Thread
have had summary judgement ordered against us for £60.000, have made three offers to halifax( all refused). have told them we will bankrupt ourselves if they dont' accept offers, They have basically sent letter today saying that if we bankrupt ourselves THEY will strenuously defend this action (((can they do this))????????? IS IT LEGAL???? has anyone experience of this kind of action and what happens
A very p*****d off amanda
-- amandab (email@example.com), October 30, 2002
I am so sorry. This is where I was at when I left the country - it was the straw that broke the camel's back for me. Yes they can defend the action, although these days I am not sure that the court would refuse your petition for bankruptcy just because those greedy bastards want their pound of flesh. My situation was slightly different, in that I had a job which precluded any bankruptcy action. So in essence,even though I had considered and rejected the idea, I could not have been made or made myself bankrupt without losing my job. Fast forward to a few years later of weekly harrassment, and I did indeed decide that I would go bankrupt, only to be told by my Lender that they would block any such move and that "I would never be allowed to abdicate responsibilty" was the phrase they used. I asked in an interview with the OR in South London if they could stop my petition, and he said yes, although they would have to demonstrate to the Court that I had the "future means" to pay them off and that there was a element of intent to defraud. None of this was true of coures, they are chasing interest upon interest which has been settled by a MIG payout - and I have kids to support. So I will pay them nothing - ever. My ex in the meantime went bankrupt without so much as a murmur (lovely misogynistic system we have in the UK). I went back and forth with offers they refused - it was an all or nothing type attitude. They were rude, aggressive and turned up at my work one day, which just destroyed me. My bosses were really nice when I had to explain who the goons were, but at that point I had no choice but leave. The Lender ruined any chance they ever had of getting anything by their actions.In your shoes I would go ahead and file; they may be blowing hot air, but at the very least I would talk to CAB (the solicitor who posts on here is very up to date on the Law in this area - Guy) and find out what grounds, if any they have in your case. What happens is that the OR writes to the creditor(s) and asks them if they have any objections to the bankruptcy. That is the point at which they "defend" the action. I feel so bad for you. I can see the frustration in your words and it reminds me of the desperate point I got to years ago when I just gave up the fight.
Good luck and I hope the Halifax trip up the steps on the way to Court. A few bloody noses in that industry are well overdue.
-- Too scared to say (firstname.lastname@example.org), October 30, 2002.