Bankruptcy Order !!! *** WON, TWICE ***

[42man]

Absolutely incredible !!! I have just received a letter Bankruptcy Order On Creditors Petition from xxxx County Court....it says UPON petition of 1st Credit Finance Limited, a creditor, which was presented on th day of March 2007 - Upon hearing the Solicitor for the creditor and the Debtor not appearing AND UPON reading the evidence...(my name and address occupation unknown of my address..be adjudged bankrupt and the court being satisfied that the EC regulation does apply and that these peoceedings are main proceedings as defined in Article 3 of the EC regulation dated 9th July 2007 Time 10:18 am hours....

 

This is unbelievable I have NEVER, NEVER seen any paperwork regarding this !!!!!!

 

How can I challenge this ?? can I stop this ?? can anybody help me please ??

[tomterm8]

I would phone the national debt line immediatly.

[sequenci]

my name and address occupation unknown of my address..

 

i'm a little confused by this, do you mean they had your address but not your occupation?

 

have you ever received a statutory demand or the creditor's bankruptcy petition?

 

have you any assetts?

[dx100uk]

not being funny

but this HAS got the courts stamp on it hasn't it?

 

would be a very OTT trick by a DCA, but not unheard off.

 

dx100uk

[42man]

Absolutely incredible.....I still can't get over it....if I had received a summons I would have fought it vehemently...and yes it does have the County Court Stamp on it......and the envelope had the stamp on it too....this is a complete bolt out of the blue....

[42man]

Yes they had my address but it says occupation unknown....i'm furious..

[sequenci]

Have you contacted the court to see about appealing the order being made? You can do so If 1st Credit have messed up with the process, if you state you've not received any previous information such as a Stautory Demand or Creditor's Petition you have a good shot.

 

Have you any assetts such as a mortgaged property?

 

What was the original debt for?

[42man]

I have NEVER received a statutory demand or anything similar....and yes I do have a house a wife and 2 small children.....

[tomterm8]

Were there any penalty charges added to the account?

[42man]

Thanks Sequenci.....do I just ring them or write a letter.....??

 

And I would of course use the CCA and SAR action......but i'm just stunned....

[sequenci]

before you do anything i really need to do a wee bit of investigating, i'll endeavour to reply within the next 3 hours on this one.

 

1st credit's love of bankruptcy isn't a good look at all.

[42man]

Thank you, thank you, thank you Sequenci....your help is hugley appreciated.....

[Belaflat]

I would suggest having a look in the London Gazette, personal insolvency section and perform an advanced search using the details sent to you to see if it is genuine.

 

 

I have done a search for Wrexham 5th March 2007 and came up with nothing and a search for Wrexham occupation unknown which gave 1 result with a petition date of Jan 2nd 2007.

 

Sorry I cant help more but it might give you a pointer.

 

EDIT

Just seen the other replies so ignore what I have said.

[Belaflat]

42man, just had a look at your other posts.

Does this relate to one of the debts you say is statute barred or the one you have been paying to Connaught.?

[42man]

I have just rung the County Court who are sending me an annulment form apparently they said a stat demand was delivered to my house and was given to a lady (my wife - we aren't getting on great and she didn't give it to me, probably binned it) but I categorically swear that I didn't know about this....if I did I would have fought this with my life....

 

I have also rung the Official Receiver who I told I have applied for an annulment form......they also asked me some financial questions, but until they receive or hear about the annulment officially they have to progress and I have an interview on the 7th August at 10:00.....

 

Once again thanks for any help received in advance.....

[42man]

No it doesn't relate to this as I have been paying them regularly.....

[sequenci]

delivered to my house and was given to a lady

 

it has to be served personally on the debtor, there is a procedual error.

 

Please take a look at this as it will help you with the correct steps.

 

http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/Canmybankruptcybecancelled.pdf

 

I also plead with you to lodge an official complaint about 1st credit with The OFT and FOS.

[42man]

Belaflat.....should it show my name on the London Gazette as I can find no mention of my name at all on any of the dates on the court paper.....also Wrexham is in Wales is that covered in the London area ??

[42man]

Sequenci....thank you I can ABSOLUTELY and WITHOUT ANY QUESTION categorically state that no papers have been served on me personally (they MAY possibly have been given to my wife but she swears she can't remember being handed any papers) at all !!!! as for the complaints I wil UNQUESTIONABLY complain.....

[Belaflat]

The information may not yet have been posted as you have only just received it but since you have contacted the court and found out it is genuine, its a pointless excercise.

The information in the gazette usually appears at around the same time as any announcements would appear in your local paper.

[42man]

I have just aked the court to put a form in also to stop my name going in the Gazette as I am seeking annulment.....also one question for you wonderful people....I am 99% sure that this debt is also statute barred, is this also worth mentioning ?? does this carry any gravitas in these situations....

[42man]

Does anybody know of any good Solicitors that might be able to assist me in the Shropshire / Wrexham / Chester area ??

[tomterm8]

The citizens advice bureau or National Debt Line will have a list of people they recommend in your area

[42man]

Thankyou Tom...of course why didn't I think of that, just wanted to know if there may have been a local one which may have helped someone here....

[sequenci]

I am 99% sure that this debt is also statute barred, is this also worth mentioning ?? does this carry any gravitas in these situations....

 

absolutely. a statute barred debt allows you total defence to any action brought against it, in addition the onus would be on the creditor to prove that the debt isn't statute barred.

 

You can search for a solicitor here:

The Directory

 

You can seach for free legal advice from a law centre here:

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