Personal Bankruptcies

J Wilson made this Freedom of Information request to Insolvency Service

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Insolvency Service.

Dear Insolvency Service,

Please let me know, how many individuals have been made Bankrupt under the Insolvency Act 1986 and for which years?

I also need to know for each year, how many applications were made by 'creditors' who were owed £750, or more?

Of that number, how many applications were granted? How many of those were issued without a hearing at which the person bankrupted was allowed a defence of solvency? Or, to put it another way, how many people who were able to pay their debts were still forced into bankruptcy by the Courts on such applications? Surely this violates human rights?

In April 2008 the Local Government Ombudsman (J White, when dealing with a complaint about Wolverhampton Council), also pointed out, quite rightly, that "The dire and punitive consequences of bankruptcy,(involving a multiplication of
the original debt many times over, and frequently incurring the loss of the debtor's home), must be a factor to be taken into account.". Although he blamed the Council for pursuing this man, it was the Court and the Official Receiver or the Insolvency Service which also failed to take this into account.

Given that the Insolvency Services' own Manual states that 'proportionality' which is what the above was speaking about, is a relevant consideration, what has the Insolvency Service or the Minister responsible for you, done about such cases?

Did the man in the case above get his annulment and if so when? Has every other person declared bankrupt in similar cases been informed that they too will receive annulments? If not why not?

Isn't this a right under the law? Under Article 7 of the Universal Declaration - "All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.".

I assume this appears somewhere in the European Convention and the Human Rights Act, therefore if the Insolvency Service knows that this man, who was entitled to it, has had an annulment of his Bankruptcy, then if it fails to do anything to ensure others don't get one, then they must be guilty of discrimination. Wouldn't you agree?

What is the Insolvency Service's instructions to its staff on this, or on how to address such issues since 2008?

Yours faithfully,

J Wilson

J Wilson left an annotation ()

To whom it may concern,

I have been sent an email to my private email address, which I did not use to make the request, in response to this which states that:-

"The information you have requested is exempt under section 14(1) of the Freedom of Information Act 2000 (FOIA). The Insolvency Service has decided that your request is vexatious as determined by the FOIA and the information is therefore refused".

It seems like Big Brother is watching me, what about you!

Dear Insolvency Service,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Insolvency Service's handling of my FOI request 'Personal Bankruptcies'.

Instead of providing a publicly available answer to it they have responded via my personal email address, which was not used to make the request and have claimed they need not answer it. Furthermore they have obviously been in contact with other persons regarding my personal information, which should not be related to this request, for any reason.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/pe...

Yours faithfully,

J Wilson

Richard.Sibun, Insolvency Service

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J Wilson left an annotation ()

Looks like they're out of control, never mind out of the office! Surely they should provide a redirection email address in the boxes provided. Not that they care.

Sent a follow up to Insolvency Service again, using a new contact address.

J Wilson left an annotation ()

After being sent a written rejection by mail on the 13 April, I have been compelled to make a complaint to the Information Commissioner, by email at casework@ico.gsi.gov.uk in the hope that the will get the point and uphold my complaints.

This information ought to have been available as a matter of course, but the truth is that Government Departments, including the Courts, only count numbers for what suits their purposes, such as meeting Government Targets. Whereas any information which might reflect badly on them, such as how they are ignoring human rights, is entirely absent from their statistics.

Everyone is entitled to a 'fair hearing', but not in the UK if a Judge issues an order without one. Likewise when it comes to Bankruptcy, the Law says that no one who is solvent should be declared Bankrupt, but again that seems to be irrelevant to the Courts or Insolvency Service.

When will this corruption of human rights ever end?

T Ruth left an annotation ()

J Wilson appears to have gone very quiet about his complaint to the ICO. No doubt because it was rejected. See decision notice on the ICO website for details. http://www.ico.gov.uk/~/media/documents/...

Sarah Daniels left an annotation ()

I share with Mr Wilson his serous concerns.

PRESUMPTION OF INSOLVENCY
It is assumed that if £751 is due and payable and if NOT paid then there is a presumption of Insolvency.

EVIDENCE
You can always be deduced to rebut this PRESUMPTION by giving proof. The standard appears to be BEYOND REASONABLE DOUBT ( criminal standerd!).

The BANKRUPTCY Court has power to go behind Court Orders to undo improperly obtained orders.

Bankruptcy is a quasi criminal matter and it appears that the Courts treat the Bankrupts as criminals without giving them the benefit of their Human Rights ==ARTICLE 6 -- right to a fair hearing.

HERE ARE THE REAL ISSUES:
THE STARTING POINT

IF YOU GET A FAIR HEARING YOU CAN ADDRESS THE ISSUES
-----------
But LEGAL AID is NOT available
also Citizens Advice are closing in droves
--------------------
so you will never be able to deal with it on your own.
-------------
THE END RESULT
Injustice think of it.

Justice== it is just ice-- your RIGHTS melts and slips away, like ice!

There are some probono places which may be able to assist.

Regards
Sarah

Simon left an annotation ()

Bankruptcies are dealt with in the county courts. The petitioning creditor applies to the court for a hearing and serves the application including the hearing date and time on the other party, i.e. the person they are trying to make bankrupt (defendant). The defendant therefore is aware of the hearing and can attend and defend this.
Bankruptcy is not a quasi criminal matter. It is a civil matter dealt with by the county courts which do not hear criminal cases.
The law states that if a debt is owed and the defendant does not pay it he or she is insolvent. The debt has to be proven to the court and can be defended by the defendant.

J Wilson left an annotation ()

Anyone reading this, even at this late stage as all demands for justice have fallen on deaf ears, needs to support this campaign for the UK at http://you.38degrees.org.uk/p/bill-of-ri....

And for the rest of he world at http://goo.gl/rS4HKp

ivanataylor left an annotation ()

Article 7 of the Universal Declaration of Human Rights in 1948 stated,

" All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination".

Try telling this to my friend Former MBC Cllr Sheena Williams
who has been stitched by the council more than once.

http://kentfreedommovement.com/profiles/...