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alf2009

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Everything posted by alf2009

  1. Submitted teh forms 6.4 and 6.5 today. The court listed in the SD have no juristiction over Insolvency matters, and they said they are fed up with having to redirect people to the High Court miles away. There was no charge to submit the forms though I only expected to need two copies and actually needed three. I was suprised to hear the clerk say that the Registrar would look at the claim and in 7-10 days decide whether to set a date, or strike it out or another decision I didnt understand - Ithought it was simply set a date. I am now writing to the OFT, not 'served' but simply posted and wrong court address, added to the list of grevances. I noticed on this website the suggestion that if it isnt 'served' by hand, it cannot proceed to a bankruptcy hearing anyway? http://backcollect.com/?page_id=97 Can I proceed to bankrupt someone once I have served a Statutory Demand ? 7.6****** You can only proceed to issue a bankruptcy petition if the completed Statutory Demand form was served on the individual in person, you cannot if the Statutory Demand was served by post. 7.7****** We must provide proof of service, so we will employ a process server to carry out the personal service of the Statutory Demand on the debtor. The court is not involved in the issuing of statutory demands, so no court fee is payable, although there are costs to pay. 7.9****** You should not issue a Statutory Demand by post if you wish to immediately issue a bankruptcy petition once it expires. We do not recommend issuing a statutory demands by post. There is NO guarantee of payment.
  2. Sorry to keep coming back but form 6.5 starts out by saying: 1. That on (b) the statutory demand exhibited hereto and marked “A” came into my hands. whereas actually it was posted through the letterbox by the courier/postman, am I splitting hairs by changing it to that effect or is it simply a statement that I got it anyway?
  3. Dear BrigadIer2jcs, Thank you for the reply. I am copyiing the defence from the 'Recieved Connaught Statutory Demand Today 2009' thread, and am confused as to whether I should include all the references to The Consumer Credit Act 2006 and the references to case law, or are they just there for me to read and understand the context of the defence?
  4. Well its says on the label ' must be signed for by adressee only' - but it was posted through the letter box while the house was empty. No idea what time of day.
  5. I received a Statutory Demand for an AA loan from 1st credit, word for word this one to Morby 68, dated 1st sept, and received a couple of days later, following a letter giving me 7 days from Connaught dated 25th August, hardly 7 days given the bank holiday. I thought I had responded within the 7 days by making a bank transfer of £200 on 1st Sept and sending an offer to repay over 4 years. Letters must have crossed in the post. The SD was sent by Interlink courier but was on the mat when I got home - not signed for. My offer was rejected, so I sent another offer over 3 years, no reply yet. I know I shouldn't have delayed but their opening gambit was to repay over 5 months - nearly £2000 a month -impossible, and I feared to get in touch in case I was talked into something I couldn't keep up. I have 3 days to submit a set aside, the only reason really is that I have no paperwork, and I think they are abusing the process. I need them to agree to a sensible instalment plan. I have looked at the the defence on a previous post to cut and paste, it seems very long winded, but is that the best defence to use? Do nothing is obviously not an option. I sent a CCA request today.
  6. Thanks again to all. I composed the defence and it is posted and filed. The Clerk seemed to expect the other side to apply for extension since there was nothing in the file regarding service or substituted service of the BP.
  7. Sorry to keep coming back to the forum, but I cannot find a local solicitor from the Law Society versed in Bankruptcy to look through the paperwork, maybe I can use an Insolvency practitioner? I'm not sure about the Affidavit. There doesn't seem to be one specifically for the SD, nothing headed Affidavit, only a certificate from the bloke saying he came to the house, and a statement of truth from the solicitor saying the blokes statement is true to his best knowledge. There is nothing relating to serving the BR at all, and nothing was sent by post either, so if I hadnt gone to the court, I would have nothing.
  8. Thank ypu so much again. Just to be clear, are you saying I should cut & paste your previous post, plus copies of CCA and SAR letters sent today, into a statement, have it witnessed and take it to the court and sent to their solicitor? And once again, if my defence is rejected, can I then just offer to pay in full (family would probably help if it was really BR) and avoid the BR and thats that or has it gone too far and BR is given and all is lost?
  9. Thank you all for the help. The linked thread includes valuable information. Its a good template to use as a defence. A lot of it matches. I have read through the website and there's a lot to take in, I have to act tomorrow morning, my head is in a spin. With what I picked up at court today, there seems to be no signed formal affidavit with the Statutory Notice, just the certificate of substituted service which is not signed, and a signed sheet saying exhibit A referred to in the certificate is the letter left, which ommited formal parts (the SN I expect). The solicitors signed Certificate of Truth seems to be the affedavit as it also refers to exhibit A. There is a separate sheet called Request to the Registrar for Leave to issue a Bankruptcy Petitionl Attention drawn to following points: Statutory Demand served by substituted service is this acceptabe? Accept is initialed and dated. At the bottom of the page theres a sentence stating "….we have not lodged the fee paying copy of the petition, also initialed. This seems to be the trigger to issue the BR. But the whole process is alien to me, I've never seen any of this to know whether it is correct or not. I feel I should have some take a look tomorrow, but having no reguar solicitor, dont know how to quickly find one specialised, or an Insolvency Practitioner. if that would be more suitable. One thing that I need to know about the procedure is if my defence is accepted, I am OK, if my defence is rejected, can I then just offer to pay in full (family would probably help if it was really BR) and avoid the BR and thats that or has it gone too far and BR is given and all is lost?
  10. Thanks again. I did not make a CCA request. I assume 6 days to go instead of minimum 7 is OK and I attend on the day as well. I am worried / embarrassed that I did bin numerous letters and there was a change of address, though they must have known since the Land Registry wrote to me on their behalf, and there is in their documents a note that there is now a registered charge with the case number on my property, which I hope the mortgage company does not see. Will there be questions on the day about why I didn't get in touch sooner, and suppose it all goes wrong . It was my credit card so eventually I would expect to pay something. Just not this way.
  11. Thanks agin. How do I apply? The form mentions a form 6.19 but has to be filed more than 7 days before the hearing date - now 6. What would the grounds be? A list of grounds? Do I need someone to help me compose it? I don't want to hope for the best here. Too much at stake and family in panic mode.
  12. Th Solicitors Statement is called a Statement of Truth, it refers to the Certificate Of Substituted Service which is called Exhibit A. It does not refer to any reason for delay. There is no Certificate of Service of the actual Court case notice in the file yet. The case is for next Monday which is 4 working days now. What can I do best? I can't chance the house.
  13. Thank you. The original demand has a signed statement saying it was substituted service, and the actual document that lists the hearing date also has a statement from the solicitor saying he's been involved in the case. The time between the 2 documents is more than 4 months, May to November. The statutory demand is dated a day before the day it was supposedly hand delivered .the affedavit statement on the back is dated 2 days after the second 'appointment' was suggested. The solicitors statemnt is dated 3 weeks before the date it was received in court. There is a strange handwritten note at the bootom of the page saying there numerous prior petitions wiithin the last year. A reference to the number of letters I recieved perhaps from Red, Lowell, Hamptons etc?
  14. Thank you for repies I got copies from the court and went to the old house to pick up any mail. The court file was slim and I was told I was given a copy of everything. The statutory notice was served by subsitution May in so much a statement reads that someone attended the house and left a letter not including the legal notice. I was living at the address then and saw no envelope on the mat to that effect. The Bankruptcy order is dated beginning November with an attachment stating substituted demand is acceptable. There is nothing for me to fill in or reply, but im concerned now because there are less than the 7 days left to reply. Can I ask for it to be postponed, or should I call their solicitor and negotiate something/anyrhing, or invole a solicitor etc? I cannot afford to busk it without knowing what I'm doing.
  15. £5 fee. But they suggested I contact their solicitor directly for it. Is it too late to male an offer of installments or are they in control of the situation? The house equity is worth way more than the debt so bankruptcy is a a nightmare scenario.
  16. Thanks again. I did not CCA them and there never has been a county court claim.
  17. Thanks so much, I feel a bit calmer now I have a plan. What details do you need from BOS - and what is 'CCA them'?
  18. Thank you for replying so quickly. The court gave me a case reference number and a phone number of the claimant, but no other details. I've a had a look through old letters. Its a BOS credit card for about £3000. I received some letters last year threatening court action or visits but was advised to ignore them. I last made a payment in 2006.
  19. Please can someone advise I received a Bankruptcy Enquiry letter from Land Registry referring to court proceedings, giving my previous address. I moved about 6 months ago. I phoned the court and they said the petition is by someone called Lowell Portfolio with a hearing date in 2 weeks time. I haven't received anything from the court. What on earth do I do?
  20. As a final follow up, I went to the Adjudicators tribunal with photos and a plan. Though he agreed the signage was hopeless, and I'd have a case if it was a motoring offence, he said for Congestion Charges he had no power to adjudicate whether or not the signage was adequate, only if I was in the zone at the time. However, he reduced the charge back down from £120 to £60 and put the pics on file. Thanks for the encouragement to go on the day, it saved me £60 and was quite painless.
  21. Hi With no strong comments either way I'm not feeling too confident about this now so I'd better just pay the fine and get on with life. Thanks for looking
  22. Here I hope are 5 pics of the junction. The turn is just behind the 'Pink ' truck, car view ( big tree obscures the junction as you approach; looking out of the side road, from the other side and from across the road. 360 degrees. The signs seem to point in odd directions. It was about 6pm November so it was dark and heavy traffic when it happened. Any observations and thought welcome.
  23. Thank you for the points mentioned. I will post a couple of photos I took yesterday. The junction is Cheyne Walk and the main road at the Albert Bridge end. There are double dotted lines across it but the No Entry sign is facing the oncoming traffic on the river side of the main road and the Congestion zone ends sign faces the traffic on the main road not the traffic leaving the side road. They are almost facing each other.
  24. Thanks for starting the obvious - sometimes when you rack your brains alone on these issues the facts get fogged out by your own indignation. Does anyone know do I just pay the fine online and that's it? I expect its £180 now or does it go back to £60 while the case is under appeal? I actually drove past the road yesterday and can see why I thought it was OK, the no entry sign faces 180 degrees the wrong way and you wouldn't know until its too late you'd made a mistake.
  25. I need some help here. Driving anticlockwise around the edge of the London Congestion zone in Cheyne Walk Chelsea, no right turn over Battersea Bridge where I wanted to go so dived into the first road that didnt say Zone which was the exit from the Cheyne Walk 'loop', actually a one way street the wrong end. Spun the car and carried on. SW3 5LW is near it. I got a Congestion charge with number plate photo, timed at 5.58pm! I wrote back explaining the above, saying I had no idea, it was dark, wet, late, I wasnt coming out of the zone, hadnt been in it as far as I was aware. It went to appeal, and I remembered all the signs must have been facing the other way on that street, not facing out to the main road as it was the wrong end of a one way street, no big red C on the road, and any signs on the main road were advising the next Oakley Street left took you into the zone. So I appealed and it was rejected. Now its going to court by letter, and I just received a registered wedge of their court evidence. Ive never done this before and wonder should I just pay whatever it is, they keep sending me separate letters for £180, £60 doubled plus £60 more because I cant afford it to go any higher if they can add court fees and dont feel confident that my argument that the signs faced the wrong way stands up to their 50 page diatribe about atomic clocks, signs and the like. I live too far away to go back and double check the spot.
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