I need the help of a good solicitor in Glasgow
Re possible upcoming Small Claims Action.
Resulting unfairly and shockingly because of previous Voluntary Bankruptcy.
I only have enough energy just now to copy below an email I sent to my usual solicitor last week. As it gives some background.
But he told me his firm don’t do civil court cases therefore cannot help.
I am simply not well enough to phone around. Therefore adding this to my blog. And will advertise/appeal on Twitter.
Maybe not ideal but its all I can think of.
” Hi Xxxxx
I need to ask for some legal help.
It’s not directly relating to the Bankruptcy. But it’s a situation that has come about because of it.
A firm of property factors – Axxx Property – are pursuing me for a bill of around £9000.
This relates to one of my 14 ex buy to let properties. In Motherwell.
The bill is for their regular factors bills plus charges for a lot of work they have done to the common buildings and grounds.
The date of my Bankruptcy was Sep 2014 and I was discharged Sep 2015. (Although “discharge” seems to mean nothing as the stuff and shocks keep coming.)
This property in Motherwell apparently I still legally own, as well as some others. Because everything is so slow.
I have been told the Axxx bill is for charges calculated from AFTER my bankruptcy.
The Trustee In Bankruptcy have told me Axxx are within their legal rights to pursue this. And that bills etc from AFTER my Bankruptcy are not part of the Bankruptcy and technically due by me.
Which kindof defeats the purpose of the Bankruptcy . . . .
The Trustee are dealing with communications with Axxx. And have told Axxx about the bankruptcy and that I have no way of paying this bill. But Axxx have lodged the claim at the court and seem set on pursuing it. They insist it is their procedures.
I asked the Trustee what is the worst that could happen?
They said I could be made Bankrupt again. (Hopefully not, but it is possible.)
My only asset now is my half share of the flat we now live in. The mortgage on it is £xxxxxx so there is probably little equity in it.
The reason for my contact is I want to be properly represented – IF it proceeds at the court. (I may not be using the right phrases here as I have no experience of this sort of thing. But you hopefully know what I mean?)
There is no way I am fit to attend a court hearing. I can’t manage a simple phone call most of the time.
My ME is Severe ME. And is too disabling.
So I want someone to represent me.
As you can imagine – the threat of being possibly made Bankrupt again is awful. Or losing our home.
If I had been told at the outset that stuff like this was likely – I would NEVER have gone down the Voluntary Bankruptcy road.
It has been sheer hell.
And massively detrimental to my health.
When the purpose was to “give everything away” and have it controlled by a Trustee – in order to have a chance to improve my health.
But the important stuff I wasn’t told.
(However this isn’t the point right now.)
My only priority here is to have somebody do their best to represent me if the Small Claims thing proceeds.
To convey how badly my health is affected by having Severe ME (I can let you have medical stuff). And how it would be very unjust to be made Bankrupt again given the circumstances and history. And more importantly would probably cause my health to deteriorate even further (which terrifies me).
Also I was hoping that if Axxx know I am going to be properly legally represented – maybe it could put them off proceeding ?
If Cxxxxxxx Sxxxxxxxxxx could represent me that would be great.
Xxxxx, I know I have begged for your help many times over the last 3 years. And you have told me that you cannot help me in any way at all, as you know nothing about Bankruptcy.
But I have been a client of Cxxxxxxx Sxxxxxxxxxx for over 20 years.
I did a lot of business with you during my Property years. About 10 years of buying, selling, remortgaging.
And I have recommended people to you.
So if you cannot help me with this Small Claims thing – could you make some phone calls for me instead ?
To get a solicitor for me ?
And explain some of the background to them. Just to help make it a bit easier for me ?
NB. I would expect a bill for your time. I don’t expect you to make calls for me for nothing.
I am simply not well enough to do phone calls.
The brain fog (AKA cognitive impairment) that I have with my ME is pretty bad a lot of the time.
It makes phone calls too hard. I can’t remember stuff, communicate what I need to say, get muddled, etc.
This email is massively hard work and exhausting. But I can take hours over it with breaks. Change mistakes, etc.
And another worry is any time limits for things. This is also why I feel I need proper representation.
Because with ME – when I push myself to use extra energy on something big (like typing this email) – I am then much worse for the next few days. Often completely wiped out with severe headaches and exhaustion.
So I’m concerned that I won’t be able to do things quickly enough, eg. any forms needed.
Sorry this is so long.
Will wait to hear from you.
Hope you are well and business is good.
Anne Dean ”