I doubt they are deliberately calling you at that hour. These companies all use automatic dialling machines which simply pick the next number off the list and dial it. When it's answered the machine switches it through to an operator, at the same time displying the callee's details on the operator's screen. In the normal course of events you are scheduled to be called every day. It is probable that the machine starts at the first number on the list and does not reach your number until early evening. There is a theory that banks and debt collection agencies use such machines because the operators aren't clever enough to dial themselves. Naturally, I don't believe this myself.

This matter should have been dealt with by the executor of your grandfather's estate. You should refer such matters to that person. In fact, if you actually did anything you could be deemed to be acting unlawfully. Did your grandfather leave a will?

Yes, Silver Shadow is correct. Just to amplify one point : process servers will sign a declaration that they have delivered the document according to the prescribed 'rules' (to put it in layman's terms). You will have little or no grounds to dispute it being properly served. Do you have any idea who the creditor is and what the alleged debt is for?

Sadly you are the victim of the typical bank [problem] - agreeing something in a telephone call and then denying that that was agreed or even that the call took place. Hindsight is a wonderful thing, but buy yourself a Truecall unit and record everything. When you install it make doubly sure that you can play back any calls you record. It is highly probable that you will need to.

I recall seeing, a long time ago, some mention or discussion of the person who drafted the Consumer Credit Act. Can anyone point me in the right direction? (I could search on here but not sure what to search for - 'Consumer Credit Act' isn't very helpful)

I've had to deal with Equidebt regarding an MBNA loan. Equidebt seem relatively reasonable, and went very quiet when the only piece of paper they could produce with my signature on it said 'Please send me an application form'. I think they realised the game was up.

Yes, they seem to exist in a parallel universe where compliance with the law is optional, but wrapped up in a figleaf of 'interpretation' to make it seem OK.

The British Bankers Association is a holding a one-day seminar BBA – British Bankers' Association - Debt and Enforceability Seminar. If I could afford to go I would as it sounds extremely interesting. Most particularly the session entitled 'Interpreting the Consumer Credit Act (CCA)'. Is anyone here able to go and report back?

I wonder if this counts as a mortgage debt per se. This is stated as being a shortfall on a mortgage repayment following a house sale. Maybe it is ... Was your ex awarded the house in the divorce proceedings? If so, were you still obliged to make the mortgage payments or was this your wife's responsibility? Remember that verbal agreements or understandings don't count - what's written down and signed for is what matters. Simply giving the keys to your wife doesn't count as a transfer of ownership of the property. You need to register this with the Land Registry (amongst other things) in which case your mortgage company will have to have been involved. If your wife wasn't awarded the house then it must still have been yours. In which case you will have been liable for the mortgage payments. This seems unlikely as you would have known about it at the time.

MBNA runs the Virgin credit card scheme for Virgin. Hence, in your case, this is almost certainly what the account is for.

Yes you definitely have a case. At the time the tenant departed the house was yours. The case should not be of any concern to the mortgage lender. What are your prospects of getting anything back from the ex-tenant?

It appears that your plan to have the bankruptcy annulled is the best option. Have you discussed this course of action with the Trustee? The sworn affidavit is of course necessary. I've never been through the annulment process so I'm not familiar with the procedures. Have you looked through Government's Insolvency website? There's a lot of information there and it may take some time to trawl through it all. This is the address of the Tecnical Manual on the Insolvency website. The part you will need to examine is Chapter 6. Technical Manual Contents

Interesting that the Registered Office address shown on their website is not the same as one shown on the Companies House record. Anyone like to complain to Companies House?

This is from the Companies House website -

Also, tell your husband he must stop offering payments to Global - or to any other of your creditors. These debts are now included in your bankruptcy and must now be dealt with by the Official Receiver. In any case, if there are funds available [big if], then the OR must pay out creditors pro rata. Your husband paying off one of your creditors separately will probably complicate matters enormously in that one creditor is being paid off preferentially at the expense of the others. In this respect at least Global is acting correctly. Do you have assets of any sort? Shared house maybe? If you have no assets then Global will have made you bankrupt to no purpose. It will have cost them a lot of money to petition for your bankruptcy and they will want that paid, and this is on top of any existing debt to them. If there are insufficient funds available then the creditors are short paid. Bear in mind that a house with a large mortgage may be in negative equity and as such is not an asset. If you do have assets of any sort then the OR will want to know all about them with a view to realising their value in order to repay the creditors. Do you have other creditors? Unsecured debts to these people are also included in your bankruptcy and now 'belong' to the Official Receiver. You must not pay them yourself. Note that monthly utility bills and suchlike don't fall into this category and you must continue to pay them as normal. Can you post some more details about your circumstances - assets and other debts particularly?

That form requests that you remove electoral details. How do I go about requesting you to remove all my details from your databases - and to make sure they never magically pop back in there?

But if the debt is for less than this amount the DCA will add fees and charges to bring it over this level. Care needed!

Yes, I know I should get out more ... I discovered Money Advice Trust whilst browsing the web. This organisation is the charity behind National Debtline and Business Debtline. Seems to be an eminently useful organisation, however those interested in conspiracy theories will be interested in this page Money Advice Trust - Our funders. Oh dear ...

Interesting point : are your UK debts recognisable or even allowable in a German bankruptcy?

Sounds about right. UKMail, TNT etc. are counted as second class deliveries. Was the delivery sent as recorded delivery? Did you sign for it? There is no proof it was even delivered at all, much less on a specific date.

I misssed this as well. I was in hospital around this time and had other things on my mind. The OP has not logged in for about two months so I guess we'll never know what happened. Conversely the OP will never know that others were concerned. Sad. As a general comment the large volume of new enquiries on this forum means that unanswered queries simply get swallowed up and lost if no-one deals with them immediately.

Actually I found this on the BBA site - BBA – British Bankers' Association - Debt and Enforceability Seminar I wonder if I can sign up for the seminar?

The banking code has been drawn up by the Bankers Association http://www.bba.org.uk. Conformance with the code is entirely voluntary and there is no sanction at all if you don't comply. It has no legal force whatsoever.

In other words there is no proof of delivery at all. Perhaps you never received it? In any case you have not been given fourteen days to remedy the default and it is therefore invalid.

reverof, records of CCJs disappear from all official records (including Trust Online) after six years. In effect you don't have the CCJ anymore - it has disappeared in a figurative puff of smoke. If a creditor or debt collecting agency tried to enforce repayment of the debt after the six years they would need need to obtain permission from the court and be able to show good cause why they didn't attempt to collect within the six year time frame.