bankruptcy petition recieved HELP!!!! *** WON + COSTS ***

[lifethrualens]

Hi I am a total newbie to this sort of thing so please be gentle.

 

I have received a bankruptcy petition with a court order thru the post and I am very concerned. Firstly I have no idea what this has been issued for as most of my previous debts have been settled. There is a covering letter from a firm of solicitors giving me the option to discuss settling this matter by contacting them by telephone. I am a little dubious about phoning anyone as I am likely to agree to anything over the phone if intimidated.

 

Should I contact them in the way of letter asking for information as to the debt. In the petition it states the debtor is justly and truly indebted to us in the aggregate sum of £6xxxx in relation to an unpaid credit agreement. Of which I have no idea.

 

The date of the hearing is xxth March 2009.

 

Please any advise would be greatly appreciated.

Edited March 12, 2009 by 42man
Edited due to recognition of cagger...

[rory32]

Hi and welcome to CAG.

 

Is it an actual bankruptcy petition or is it a statutory demand (it should say which on the form)?

[lifethrualens]

Hi and thank you for reply, it is an actual petition with court date and stamp from county court.

[rory32]

Have you previously received a statutory demand or any other correspondence regarding this account?

[lifethrualens]

Only correspondence was from the solicitors stating they would call to serve petition and failing that they would apply to the court to have notice served thru letterbox.

[rory32]

What does the bankruptcy petition and court order state?

[lifethrualens]

Hi again and thanks for your help in this matter, below are links to the exact correspondence i have recieved, it states in paragraph 5 of the petition that a statutory demand was served personally upon me on the 27th april 2008, I have had no such demand or visit in person so not sure what they mean by that.

 

Thanks again for your help.

 

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Edited February 22, 2009 by lifethrualens

[fiftypence]

I thought that a statutory demand that has not been set aside only had a shelf life of 4? months The stat demand referred to in the correspondence was served in April last year, surely too late to petition for BR now

[ODC]

Also I dont see any proof of service for the SD

[Goldlady]

Do you even know who the alleged creditor is?

[lifethrualens]

No, I have no Idea that is why I thought i should write to them asking for this information, but thought it was better to wait and see what advise I could get from the good people here.

[Goldlady]

I have Gpogled them and their website doesn't really say what they do but they seem to own a phenomenal amount of companies. Don't want to post it on here but have a look yourself.

[Goldlady]

I thought that a statutory demand that has not been set aside only had a shelf life of 4? months The stat demand referred to in the correspondence was served in April last year, surely too late to petition for BR now

 

 

 

I thought that too fiftypence but was corrected by another Cagger who reckons there is no deadline. As yet I haven't managed to find out the true situation.

[ODC]

10. Does a statutory demand expire?

There is no expiry period for a statutory

demand. However, under the Limitation Act

1980, a debt must not be more than 6 years

old or based on a default judgment more

than 6 years old. This period can start to run

again from any date the debtor agrees the

debt exists and may be extended more than

once. You may need legal advice if you think

the debt is affected by this time limit.

[rory32]

Okay as the hearing isn't until 19th March you have a little time to deal with this. Your defence will need to be presented in form 6.19 along with an affidavit of truth - form 6.13 (a copy of the forms you can find here Forms ). These will need to be submitted to the court at least 7 days before the hearing.

 

The basis of your defence will be that you do not believe this to be your debt, their is no credit agreement, their is no default notice, their has been no letter before action (or indeed any communication whatsoever before these proceedings) and that the statutory demand was not served.

 

Have they stated who the alleged original creditor was or have they simply stated that the account is owed to Vertex?

[rory32]

I think your first plan of action tomorrow is to send a SAR and CCA request to Vertex. Templates are below. It's a tenner for the SAR and a quid for the CCA request. You should send these via guaranteed next day delivery (you can send them in the same envelope to save costs).

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my accounts formerly held with you.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

11. Copy of the Statutory Demand.

12. Copy of any proof of service of said Statutory Demand.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

 

You can find the CCA request here...it is letter 'N' from here.. Creditors and DCAs - Letter Templates & Budget Planner again, DON'T HAND SIGN IT EITHER - WRITE AT THE TOP IN BIG LETTERS - I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY YOU MAY REPRESENT.

[rory32]

I thought that too fiftypence but was corrected by another Cagger who reckons there is no deadline. As yet I haven't managed to find out the true situation.

 

Under Rule 6.12(7) Insolvency Rules 1986 they have 4 months from Service to present the BP. If they wish to present the petition after this time they would need to supply an affidavit to the court explaining why there has been a delay.

 

6.12.— Verification of petition

(7) If the petition is based upon a statutory demand, and more than 4 months have elapsed between the service of the demand and the presentation of the petition, the affidavit must also state the reasons for the delay.

[lifethrualens]

Many thanks Rory, I have completed the 2 forms and posted today. I will keep you posted with any updates. I feel a little more at ease with the situation thanks to help I have received here. Thankyou again.

[ODC]

Under Rule 6.12(7) Insolvency Rules 1986 they have 4 months from Service to present the BP. If they wish to present the petition after this time they would need to supply an affidavit to the court explaining why there has been a delay.

 

6.12.— Verification of petition

(7) If the petition is based upon a statutory demand, and more than 4 months have elapsed between the service of the demand and the presentation of the petition, the affidavit must also state the reasons for the delay.

 

ODC

 

10. Does a statutory demand expire?

There is no expiry period for a statutory

demand. However, under the Limitation Act

1980, a debt must not be more than 6 years

old or based on a default judgment more

than 6 years old. This period can start to run

again from any date the debtor agrees the

debt exists and may be extended more than

once. You may need legal advice if you think

the debt is affected by this time limit.

 

I copied the above from the governments own insolvency website.

[rory32]

Many thanks Rory, I have completed the 2 forms and posted today.

Which two forms? You shouldn't have filled in form 6.19 and 6.13 yet as we haven't given you a defence.

 

ODC I copied the above from The Insolvency Act 1986. I think you are confusing the issue of the expiry of the statutory demand (as you are correct it does not expiry) and the process a creditor has to follow if more than 4 months have elapsed between the service of the demand and the presentation of the petition. If they have not supplied an affidavit stating the reasons for the delay then the petition is flawed.

[ODC]

I always thought that an SD had a limited shelf life and was indeed surprised to find the above on the site

[lifethrualens]

The Subject Access Request and the CCA request, hope this is right, I still have them as my sister forgot to post them this evening.

[rory32]

The Subject Access Request and the CCA request, hope this is right

Yes, that's fine. Make sure you get them off tomorrow as it's a case of the sooner the better.

[lifethrualens]

Yes, that's fine. Make sure you get them off tomorrow as it's a case of the sooner the better.

 

Yes will do, thanks again.

[lifethrualens]

Just a quick update, I have heard nothing back yet.