well I read on another threads somewhere that it doesn't matter whether or not they respond within 12 days, they will still bankrupt you after if they want to. My creditor's solicitor have even said in one of their letters that their client will send me a copy of their SAR if I send £10 and a request for it. I guess this means that they have got it? What is on the SAR anyway and what does that have to do with being enforceable or not?

I dont understand all that jargon. Can you tell me what it means in simple terms. I dont have time to go through all this. Anyway, the DCA have said they will accept another voluntary charging order on the house, which will then cancel the bankruptcy petition.

I just read another post somewhere and it says that if the DCA send the agreement after 12 days, they can still take you to court because this 12 day ruling is just the matter for the OFT not the courts.

And why do I need to get a credit agreement from both of them? (the debt company (phoenix recoveries) and the original creditor?)

And what if they DO have these credit agreements? I would imagine that they must have them, otherwise they wouldn't go for a bankruptcy in the first place. Who do I have to CCA? The DCA or ther original creditor? What's the point of getting a SAR done? Is this just an enforceable wat of making them send out a credit agreement?

I did NOT get it set aside. it was Dismissed. My claim to get it set aside was dismissed. i already said that. I want to know how I can stop this all happening to me. What right has some edit got to take my house off me when my mortgage is up-to-date. edit whole country stinks, is run by millionaire edit who don't give a sh*t about anyone else. There should be LAWS in place to stop someone calling in your house for a debt less than say 20K. They get their money back from insurances anyway I think. I would like to know anything I can do, even if it is devious. if I put the deeds in my bro's name, I think they can come after him, but there must be a way around it somehow.

hi I have just read your post, the account is about 6 or 8 years old I think. It is a marbles credit card (part of HFC I think) The last payment on the voluntary agreement was made last July 2007 for £100. Then I went abroad and did not contact them til I got back. Then they said they would resume the agreement so long as I agreed to a voluntary charge on the house and they would accept £10 a month then until I get work. So I have paid £10 in August and September. I guess i still owe octobers and this months too, which I could pay.

Sorry I think I have worked out that DCA must mean Debt Collection Agency. Yes, I think they are a debt collection agency....that's why they are called phoenix recoveries. And no, I don't have a copy of the credit agreement if that is what you are going to ask next. I do owe the money but while I had a company and everything was going smooth, I could keep paying, but I have not paid since last summer (2007) until this summer (2008) when I said i could only afford £10 token payment as I was unemployed and they accepted so long as I accepted a voluntary charging order on the house. I was going to, but as it was company debt in my personal name as already stated above, I disputed a statutory demand they sent, and now since that has been dismissed by a judge, they have sent a bankruptcy petition. So what do I do now? Can I get a quick loan on the house from anyone? This all shows up on my credit scoring through experian and although I had an offer of another remortgage, due to the credit crunch and my credit scoring (1 satisfied CCJ and two defaults, one of which I have satisfied last week), the rate offered was too much at 7.9% plus fees added to the mortgage again were going to be a lot (about 3K). It's a pity really, cos they were offering this debt to be satisfied for £5100 in full and final satisfaction, but I can't get the right rate as I said and now I am worried I will lose the house and my bro will kill me coz he owns half the equity in it.

Hi Sorry, what is a dca? It is Phoenix Recoveries (UK) who are after me. They have bought the debt off my credit card company (I phoned up my credit card company to check and they said they made a decision to sell the debt on). As I say they gave me the option at first to put a voluntary charge on my house but I havent signed it and disputed I owed the debt as it is really company debt, but this was dismissed by the judge because the card is in my name ( I used to pay myself-my credit card- back when money came into the company, but I had problems and dissolved the company wihout having paid the credit card off so leaving this 6500 residual balance in my name.) Anyway, so it's become a personal debt and I think Phoenix must be a debt recovery company. I don't know what a DCA is, sorry.

I need to get £6500 (they originally said a settlement of £5100 but full amount is 6500. The reason is coz I have a house and it is jointly owned by me and my bro. The mortgage is 120k and house worth 220 pre-credit crunch, so prob 200k now. I dont want to get repossessed for this amount and cant go BR coz I own equity in the home. So I would like to know if there are companies out there who will buy up the debt and put me on a voluntary agreement. I originally had a voluntary agreement, which I defaulted on and then they agreed it again only if I put a voluntary charging order on the house, which I refused, so they are going for bankruptcy now and I have the BR petition and court date set. Unless they agree to a voluntary charging order again and I send in the papers this time round, the BR will go ahead. So, are there companies who will buy it up for me and then I can arrange a new agreement with them?

I have had a credit card debt of £6500 for a few years now. The credit card is in my personal name but the debt is actually my company's debt and my company is dissolved now so I can't get a business loan to pay my personal debt off. Phoenix have bought the debt and originally wanted me to put a voluntary charging order on my house ( I went to the citizen's advice bureau and they phoned up for me--actually they didn't get anything different done so it was a waste of time going lol), but I ended up disputing the debt as company liabilities which was dismissed (coz the card is in my name, not the company's). So, now they have sent a bankruptcy petition and it will go to court next month. But, since then, someone said that in bankruptcy, they can call your mortgage in coz a bankrupt person is not allowed to hold property or something. My brother owns half the house, so I don't see they can do this coz the debt is nothing to do with him. is this true? Can they do this? I want to ask them if they will accept the original voluntary charging order, coz then I don't think I am insolvent and they can't bankrupt me. Is there anything I can do to say that I owed my brother half the value of the house?? If I just put the deeds in his name, the court will be able to go after him for the debt I think (reading about bankruptcy). but is there any legal thing I can do so they can't? What happened was I was paying £100 a month off this debt but last year I went abroad and stopped paying them. Then, when I returned this year, I contacted them again and said I had employment problems and will sell my house and pay them off, and this is what prompted them to go for me I think. I offered to pay them £10 a month which they accepted, subject to me signing a voluntary charging order. The rest is outlined above, ie I disputeed the debt at first and then whenthis was dismissed, I received a bankruptcy petition. So, please help, I don't want to lose my house worth over £200K (mortgage is £123K) just for a stupid £6500 credit card debt.