Muhammed v Robert & Anor

Muhammed v Robert & Anor

Ms. Muhammed failed to provide credible evidence that no debt was owed or that the assignments were invalid. She did not act promptly to challenge the orders, and post-bankruptcy, only the trustee has standing to challenge the underlying judgment. There is no realistic prospect of successfully defending the claim or justifying the delay.

Parties
Applicant: Bola Muhammed; First Respondent: Ian Robert (Trustee in bankruptcy of the estate of Bola Muhammed); Second Respondent: First Credit (Finance) Ltd.
Jurisdiction
England and Wales
Judgment Date
18 June 2014
Procedural Posture
Bankruptcy Appeal / Application for Permission to Appeal (out of Time) and Suspension of Warrant for Possession
Outcome
Application refused
Legal Topics
Bankruptcy, Default Judgment, Possession Proceedings, Appeal Out of Time, Assignment of Debt
Insolvency Civil Procedure Bankruptcy Default Judgment Possession Proceedings Appeal Out of Time Assignment of Debt

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Parties

Bola Muhammed

Applicant

Ian Robert (Trustee in bankruptcy of the estate of Bola Muhammed)

First Respondent

First Credit (Finance) Ltd.

Second Respondent

Procedural Posture

Bankruptcy Appeal / Application for Permission to Appeal (out of Time) and Suspension of Warrant for Possession

Legal Issues

  1. 1 Whether Ms. Muhammed had a valid debt assigned to First Credit
  2. 2 Whether default judgment and subsequent orders should be set aside
  3. 3 Whether permission to appeal out of time should be granted

Ratio Decidendi

Ms. Muhammed failed to provide credible evidence that no debt was owed or that the assignments were invalid. She did not act promptly to challenge the orders, and post-bankruptcy, only the trustee has standing to challenge the underlying judgment. There is no realistic prospect of successfully defending the claim or justifying the delay.

Court Disposition

Application refused

Orders

  • Permission to appeal out of time refused
  • Application to suspend warrant for possession refused