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Old 11th July 2007, 14:08   #21 (permalink)
42man
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Default Re: Bankruptcy Order !!!

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....
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Old 11th July 2007, 14:37   #22 (permalink)
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Default Re: Bankruptcy Order !!!

Does anybody know of any good Solicitors that might be able to assist me in the Shropshire / Wrexham / Chester area ??
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Old 11th July 2007, 14:39   #23 (permalink)
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Default Re: Bankruptcy Order !!!

The citizens advice bureau or National Debt Line will have a list of people they recommend in your area
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Old 11th July 2007, 14:42   #24 (permalink)
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Default Re: Bankruptcy Order !!!

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....
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Old 11th July 2007, 15:17   #25 (permalink)
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Default Re: Bankruptcy Order !!!

Quote:
Originally Posted by 42man View Post
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:
The Law Centres Federation
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Old 11th July 2007, 15:25   #26 (permalink)
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Default Re: Bankruptcy Order !!!

Thank you Sequenci....if you get anything else that I can nail these horrible people with then please let me know....i'll keep posting my progress here for others who may fall into the same situation....

Thank you again...
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Old 11th July 2007, 15:42   #27 (permalink)
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Default Re: Bankruptcy Order !!!

BAD NEWS....it would seem that this debt isn't time barred, I was out by about 9 months.....but as they haven't processed this correctly then I am going for that.....sorry Seq my mind was in a pickle....oh well...
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Old 11th July 2007, 15:51   #28 (permalink)
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Default Re: Bankruptcy Order !!!

42man, dreadful situation. I do know that if you can put in a good and sufficiently complex counterclaim against stat demand the court will make the creditor use the county court instead. Assuming of course that your annullment form takes you back to the position before the stat demand was issued. I know this cos I issued stat demand against former landlord and he successfully fought it.

Last edited by Goldlady; 11th July 2007 at 15:52. Reason: got confused lol
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Old 11th July 2007, 16:03   #29 (permalink)
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Default Re: Bankruptcy Order !!!

Quote:
Originally Posted by 42man View Post
BAD NEWS....it would seem that this debt isn't time barred, I was out by about 9 months.....
is that by your own admission or is that what they have told you?
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Old 11th July 2007, 16:21   #30 (permalink)
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Default Re: Bankruptcy Order !!!

Well I haven'd said anything to them (or been in contact with them) but I vaguely remember paying them in the region of £10 - £20 per month about 5.4 years ago before I moved house due to having children....
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Old 11th July 2007, 16:22   #31 (permalink)
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Default Re: Bankruptcy Order !!!

Although I believe the debt wasn't being managed by them at the time I don't think....
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Old 11th July 2007, 16:24   #32 (permalink)
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Default Re: Bankruptcy Order !!!

Hi Goldlady, they have used the County Court for this claim as it is....but Seq is right as this is the FIRST I have heard of this....complete shock to my system, and pretty sick with worry....
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Old 11th July 2007, 16:27   #33 (permalink)
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Default Re: Bankruptcy Order !!!

Quote:
Originally Posted by 42man View Post
Well I haven'd said anything to them (or been in contact with them) but I vaguely remember paying them in the region of £10 - £20 per month about 5.4 years ago before I moved house due to having children....
onus is on them to prove it isn't stat barred!

get on that cca / Subject Access Request
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Old 11th July 2007, 16:32   #34 (permalink)
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Default Re: Bankruptcy Order !!!

Can I request a CCA at this stage of the proceedings Seq ? I don't even have any paperwork only this damn court notice that I have been made bankrupt !! Also I don't even know who the original creditor is as this information is not on the court letter....
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Old 11th July 2007, 16:36   #35 (permalink)
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