Flogas fighting for Bankruptcy PLEASE HELP. In Court on Thursday.

mardi 30 septembre 2014

We lived in a property for 18 months which included only one winter. Flogas supplied the property. The landlord had a key to the meter and ordered all deliveries. We first received bills with the wrong meter reading on and it took them 6 months to apply the right reading, again supplied by the landlord. We only had 4 working radiators. All the bills contradicted each other and by the summer of 2011 the bills had jumped from £300 to £2500 which included a delivery of £1500 in the height of summer.During one phone call ,the representative from Flogas even admitted that the meter readings were different from their engineers visits.The harassment from Flogas was unbelievable which included ringing us, giggling and putting the phone down. During this time I spoke to a Mahesh Patel from Flogas who did not at any time decide to tell me that in fact he was a solicitor.I asked him to take us to court as it was going to be the only was forward. Our supply was turned off in September 2011 and a final bill was £4864.81.Because of a work opportunity my husband and I moved to Cornwall. The landlord knew where we had moved to.

In early 2013 we received a CCJ from NCC regarding the debt.After phoning the Court I sent in a substantial Defence. A few weeks later my husband received a CCJ. I phoned the Court and they told me that they had not received my Defence and it may have gone missing. They knew that I had phoned previously.

Then out of the blue a couple called to our property and handed me a document. It was a Statutory Demand from a solicitors called Stenfield and it was signed by Mahesh Patel. I honestly believed it wasn't real especially with my dealings of Flogas. So I ignored it. Stupid I know.

We have been in the Bankruptcy Court four times now. Each Judge has seen the problems with Flogas and suggested to me ( I have dealt with everything, bills ,court etc all along but because of my husband's profile they are going after him) to try and have the CCJ set aside. I tried this but of course it is now out of time.Also Stenfield stated that the Bankruptcy Court is not considered the proper forum for the discrepancies of the bills to be tried.

On appealing to have the Judgement in Default set aside, they have used the ruling 13.3(2) as the overriding objective that the application had not been made promptly. The Judgement was dated 18th April 2013(LOST by the Court) and the application to set aside was not made until January 2014.

I have appealed against this decision using Article 19(4) of the Service Regulation and also applying 13.3(1) to set aside as I have a genuine reason to dispute it and believe I have a real prospect of defending the claim.

The hearing is on Thursday.Is there anything I can apply? We do not owe this debt and my husband is being made bankrupt at the age of 68 after working all his life. Even the Judges are surprised why Flogas are going for Bankruptcy. Our last Judge asked what the point was and that he never heard anything like it before. Of course Stenfield's have never attended, just the duty solicitors. I have even written to the Chairman of Flogas who couldn't be bothered to reply even after telling him that my husband was in the critical unit at Treliske. The secretary said that it was in the hands of their solicitors so they couldn't comment.

Any help would be most appreciated.





Flogas fighting for Bankruptcy PLEASE HELP. In Court on Thursday.

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