Creditor's Bankruptcy Petition- Discretion on Compliance with Section 6.10 , Insolvency Rules 1986

Currently waiting for a response from Her Majesty’s Courts and the Tribunals Service, they must respond promptly and normally no later than (details).

Dear Her Majesty’s Courts and the Tribunals Service,

The Insolvency Rules 1986 state, at Rule 6.10:
Procedure for presentation and filing

6.10.—(1) The petition, verified by affidavit in accordance with Rule 6.12(1) below, shall be filed in court.

(2) No petition shall be filed unless there is produced with it the receipt for the deposit payable on presentation.

(3) The following copies of the petition shall also be delivered to the court with the petition—

(a)one for service on the debtor, and
(b)one to be exhibited to the affidavit verifying that service.
Each of these copies shall have applied to it the seal of the court, and shall be issued to the petitioner.

(4) The date and time of filing the petition shall be endorsed on the petition and on any copy issued under paragraph (3).

(5) The court shall fix a venue for hearing the petition, and this also shall be endorsed on the petition and on any copy so issued.

i) Please explain if HMCTS has any exemption or discretion by (2) not to issue a receipt for payment of the requisite court fees and Official receiver's deposit

ii) Please explain why HMCTS appears not to issue receipts for petitions presented by mail. Please provide details of any legal authority allowing HMCTS to dispense with the provision of receipt for petition fee and Official Receiver's deposit

iii) Please explain why receipts are not retained in the bankruptcy petition file for that petition, in accordance with the Insolvency Rules 1986 (and 2016)

iv) Please confirm that HMCTS has no exemption or discretion to vary the provision of (4) above. If you believe that HMCTS does have an exemption or power to vary, then please give your authority in law to do so.

Yours faithfully,

BERT GEISHERD

Dear Her Majesty’s Courts and the Tribunals Service,

Re- FOI request regarding compliance with Rule 6.10, Insolvency Rules,1986. I should make it clear that I refer to the situation in regard to presentation and endorsement of a petition prior to the introduction of the Insolvency Rules,2015,which has changed some matters.
Please distinguish and add to your response if the situation was different before the introrduction of the 2015 Rules, as well as what the current situation is

Yours faithfully,

BERT GEISHERD

Dear Her Majesty’s Courts and the Tribunals Service,
Your response is out of time and no extension of time has been sought. Your response please

Yours faithfully,

BERT GEISHERD

Taylor-Platts, Hannah, Her Majesty’s Courts and the Tribunals Service

 

 

 

Good afternoon sir,

 

We are responding to you query re receipts following file the bankruptcy
petition, may I ask what type of payment are you referring to?  Cheque
cash etc?

 

Please advise

 

 

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Dear Taylor-Platts, Hannah,

Thank you for your e-mail. I am asking about cheque payments for presentation of a bankruptcy petition by post. HMCTS apparently does not issue receipts-there is another FOI request answer somewhere on this site that says this in passing.
The Insolvency Act 1986/Insolvency Rules 1986 require proof of payment when presenting a petition-and a cheque cannot act as a receipt of itself. Thus, it seems reasonable to ask why a receipt is not cut when a petition arrives by post- with a copy sent back to petitioner with paperwork-and the other kept and placed in a court file as retention of essential paperwork, as the Rules direct.

Hope that helps

Best wishes
AFG

Yours sincerely,

BERT GEISHERD

Taylor-Platts, Hannah, Her Majesty’s Courts and the Tribunals Service

Thank you so much Sir for getting back to me,

Your query will now be looked into and responded to by the correct team.

Best wishes

Hannah Taylor-Platts
Civil Jurisdictional and Operational Support
[mobile number]

Courts & Tribunals Development Directorate │ 6th Floor (6.16) │102 Petty France │London │SW1H 9AJ
Remote base: Exeter Combined Court Centre | Southernhay Gardens | Exeter
Devon | EX1 1UH | (DX 98440 EXETER 2)

Please note my working week is Monday to Wednesday.

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Dear Taylor-Platts, Hannah,
Please respond- response was due by 4th January 2016-and now,at 16th January, you say it can go to the correct team. Just how much longer is this going to take? What is your projected date for response? Another 20 working days? -this asbolutely ridiculous.

Yours sincerely,

BERT GEISHERD

Taylor-Platts, Hannah, Her Majesty’s Courts and the Tribunals Service

Good morning Sir,

Sorry for the delay, the initial target you were given was from the Freedom of Information team your query was not suitable for Freedom of Information and subsequently passed to us.

Having now sought clarification over your query we will aim to deal within your query within the next 5 to 10 working days I will keep you informed.

Yours sincerely

Hannah Taylor-Platts
Civil Jurisdictional and Operational Support
[mobile number]

Courts & Tribunals Development Directorate │ 6th Floor (6.16) │102 Petty France │London │SW1H 9AJ
Remote base: Exeter Combined Court Centre | Southernhay Gardens | Exeter
Devon | EX1 1UH | (DX 98440 EXETER 2)

Please note my working week is Monday to Wednesday.

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Dear Taylor-Platts, Hannah,
Thank you for your response. I look forward to a reply by professional correspondence. The matter was suitable for FOI. HMCTS does not issue receipts for inward cheque payments-which is at odds with the requirements of the Insolvency Rules 1986 (for insolvency actions before 2015,with the new rules). Consequently, there ought to be some HMCTS office literature on this -about how to deal with petitions,etc. That this is HMCTS policy is contained in another FOI response on this site (which was nothing to do with me)

Yours sincerely,

BERT GEISHERD

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