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

[lisa1987]

hi just want to say good luck with everything really. enjoy your holiday with your family you really deserve it with all that your going through.

i am also dealing with these lowlifes. they want nearly £6000.00. i have sent CCA request, but i must admit i am a bit worrid as 1st credit do seem the most likely of DCAs to carry out these threats:(

[42man]

Thanks blades...I haven't a clue who the original debtor is, it doesn't say on the document....I have seen this aove piece you have quoted...(or some similar) I will be fighting this as I have NEVER had any paperwork at all....not even a court summons..(which if I had I would have fought with my life).....the thing is I am now officially bankrupt - even though I have told the Official Receiver I am fighting to annul this in the first place....I am getting the CCA off tommorrow first thing..........

[42man]

Good luck Lisa...and ty

[toddle2u]

42man have just been looking at the london gazette - seems it is about 8 days between the bankruptcy order and it being published as only person in wrexham county court for 10 july was actually declared bankrupt on the 2nd.

 

 

Goldlady - You can get the information from the gazette instantly if you subscribe to it online - i.e. on the same day as the order is made. If you don't subscribe it runs a week behind. So therefore the BO is in the public domain to the relevant people

[42man]

Thanks for that Toddle...

[Having_A_Knightmare]

sorry to hear about this 42.

 

Does anybody know if this is common as I have had a letter of 1st Credit DCA saying if you do not pay bla bla bla we will bankrupt you.

[42man]

Just interested to know....in my CCA should I refer to the bankruptcy that has been dropped on me ? or just a general one as I have NOT received any paperwork from them and I don't even know who the original creditor is....

[Goldlady]

42man, I think you should find out what the CCJ is about first- do you even know which court the judgment came from? I have tried to find out on internet but you have to pay £8 and then they post the info which is too time consuming (although if you have no other way of finding out it may be worth it). That should at least give you some sort of reference numbers and presumably details of the original creditor. If you are worried about time I sent one of my CCA letters by fax and said the cheque for £1 would follow by post - which seemed to work. (we received a summons for that one so needed to act fast)

 

It seems you have 28 days to get the bankruptcy annulled - when are you going on holiday?

 

Wonder if you should send a sort of combined SAR and CCA letter - as in I want to know what information you hold about me and copy of CCA - what does anyone else think?

[42man]

Hi Gold....well it isn't actually a CCJ, basically the letter tells me I have been made bankrupt already (this really is the first time I have known about it) - but the fact that the process hasn't been carried out properly means I have a strong defence (along with the company not being able to produce a CCA - which I suspect will be the case, and the fact that I didn't get chance to defend or offset it).....I am today sending out a CCA for this....and thank you for your help and support...

[42man]

Well I have just received a huge pack from the Insolvency Service which I have to fill out...it contains, confirmation of my bankruptcy (god that makes me MAD as I couldn't fight it!!!), several leaflets on what happnes when you are interviewed, what will happen to my bank account, and what will happen to my home (the most worrying) an A4 book with 42 pages about my status, a guide to bankruptcy A4 book, a map of where to go...a reply paid envelope (kind of them) and a comments/suggestions folder as to how you found us.....i'll take a read through later and comment (if anybody wants to know)....initial look is that there is nothing in here about going for an annulment (which would be something I will comment on in the suggestions box !!!) If I get this annuled - which I am confident I will get....I will be suing for DEFINITE

[jaxads]

I'm not really able to help you 42man, but send you my very best wishes.

 

Good luck and I hope you get the outcome you most certainly desrve.

 

Enjoy the holiday.

[Saffronflowers]

42M - morning matey - with my experiance of the OR they generally are very nice and helpful, also very non judgemental, anyways I had a thought do you have legal assistance on any of your insurances, also my husbands company have a legal assitance scheme,

 

will reply to your pm shortly

 

SFx

[42man]

Good point Saffron and thank you....I do have some on my car insurance and home insurance - none on work insurance - not sure if these cover that type of assistance......i'd have to dig out the documents...anybody ?

[Belaflat]

Are you a member of a trades union, usually there is access to legal help via them.

Rooting for you, I have a debt with 1st credit which I have not yet acknowledged, they are next on my list when (if) I get Lowells off my back.

[42man]

No i'm not in a Trade Union Belaflat....and good luck with Lowells and 1st Credit...

[42man]

As I suspected......no insurance cover for legal protection....the only way I might have got legal assistance if I'd had driven my car through 1st Credit's front door by accident !!

[Saffronflowers]

42M so what is your plan for today?

 

SFx

[42man]

I'm going to send CCA and SAR to 1st Credit....then try and plough my way through the Official Receivers mound of paperwork....(and I am trying to work too !!!!) No documents have arrived from the court with regard to the annulment yet....

[Saffronflowers]

Have you mentioned any of this to your boss, as I think that you need to take a day off, and hit the phone and speak to as many people as possible, ie National Debt Line CAB etc, also arrange to go to a solicitor for the free half hour session. I think that you also need to know who and what this debt is as soon as possible.

 

It is such a horrid situtation, and I think you need to dedicate it some time at the moment. (Not lecturing promise!!!)

 

SFx

[42man]

Luckily I work from home for 2 days a week...the other 3 in London and luckily my boss is my brother.....so I will take your advice Saffron...i'm just waiting for the annulment form to come through.....

[Dispirited]

I just emailed one of those 'sell your home and rent it back' companies just out of interest....this is the reply...they are repaymortgage.co.uk

I'm just a bit dubious about getting involved with a company such as this after Sequenci's comments.... they wrote..

 

Hi, from what I've read about such schemes over the years, I wouldn't, but, the advice from the BBC's website is:

 

'If you think home equity release is for you and want to find out more, Age Concern England offers an easy to read fact sheet 'Raising income or capital from your home' free of charge from our Info Line 0800 00 99 66 open 7am-7pm, seven days a week.'

BBC NEWS | Business | Releasing equity from your home

 

Good luck!

[42man]

Thanks for that Dispirited....it might possibly be my only option in the end to do this....as for the Age Concern bit - i'm only 41 !!!

[Dispirited]

Thanks for that Dispirited....it might possibly be my only option in the end to do this....as for the Age Concern bit - i'm only 41 !!!

 

 

LOL, don't think they are allowed to be ageist!

As far as I know, they help all ages.

[42man]

I have been trying to find out some information on here but was wondering if anybody can clear something up for me....can a debt be proven by statements alone in a court situation or does a CCA have to be shown (or does it have to be shown on the request of the debtor to the creditor as part of the 'defence' ??)

[Saffronflowers]

My understanding is that the without a cca the debt is unenforceable but does not mean the debt does not exist. So it has to be produced to enforce it, statements only prove that their is a debt. If you did receive one and used it as your defence it would have to be shown to the creditor.

 

SFx