its 3 pages long, i'll scan it in, give me 10 mins!

We have today received a witness statement from capquest. They are not going to attend court

thanks 42 man will do that! We have now received the SAR stuff from both capquest and hbos. It's all gobbledygook tbh but there is a signed credit agreement in the hbos stuff. The hbos stuff however doesn't contain any capquest stuff (i guess this is because it was sold on?) obviously this is stated in the witness statement (that we haven't received it) so shall we just ignore that bit now ? The nerves are kicking in something shocking!!

Hiya, we are in court in two weeks time. My partner has received a pile of papers from capquest now, but it doesn't seem to be enough, it's mostly their own notes about how many times they've rang him etc. no agreement or copies of correspondence from hbos. hbos haven't responded to the SAR sent to them yet either. I'm still really unerved about it all tbh.

Please can anyone let me know what will happen if my partner is made bankrupt? Does it happen there and then on the hearing date?

we've had a letter today giving the hearing date. What I really need to know now (for myself) is what can I actually do, as my partner is leaving everything up to me (he hasn't even read through the witness statement) and I'm not sure if I can even go to court with him and speak up???? Also, we jointly own the house and contents, what will happen to my share in the event that he is made bankrupt?? Please help, I am tearing my hair out !!

thank you djp13, that did help. We've received a letter today from the court stating that the application will not be given a hearing date immediately, but will be referre to a district judge . if he doesn't dismiss it, then a hearing date will be sent out to both us and capquest

yes, it is interesting......I hope it helps !!!

.............just phoned the court and spoke to the 'banckruptcy' person there and she also said that it is now a witness statement that's needed and not an affidavit and the statement of truth on the witness statement means that it doesn't need swearing in now!

I didn't go into the court with my partner, but he said that the guy there said that it is now a witness statement and not an affidavit and my partner had to re-do the front page of the document there and then. I'll phone the court now and see what theysay and let you know asap!

yes, you are correct, the documents were not sworn in !!!!

not sure when this changed though

is this avenue completely closed now ? what do you reckon is the best thing to pick up on if you've been holding onto this type of defence for the last 3 years? I've not yet gone down the litigation route yet, but after almost 3 years of waiting and then finding out that what I was planning on my defence is now possibly not good enough, I'm a bit scared to be honest!!!!

We went to court before and apparantly it's changed now, the application doesn't need an affidavit, it now needs a witness statement and it doesn't need to be sworn. It wasn't a problem because it was just the front sheet of form 6.5, so my partner just re-did it there and then. The guy there wasn't sure but he also thought that it was way overdue and that weekends were counted ?? He said that he will put it before the judge and we shall hear via post!!

I will report it to the OFT, I'll do it tomorrow though, because my head is about to burst at the moment with all this legal jargon We're just about to set off to court, to get it sworn in. This is what I've added to the affidavit about the phone call:- The defendant has on three occasions attempted to contact Mr Barry Davies on each occasion the defendant has not been allowed access. On 15.2.11 the defendant was given a different number than the one supplied on the demand and was told that it was a direct number to Mr Barry Davies’ department. The defendant spoke with a lady named???????????, who informed the defendant that Mr Barry Davies would not be available to speak with. The defendant avers that Mr Barry Davies is a non existent person, thereby making this a frivolous attempt to frighten the defendant into paying and an abuse of the Insolvency Rules. I refer to Insolvency Rules.............

thanks again! I phoned capquest again earlier (the 3rd time) to speak with barry davies, this time I was given another number to ring which I was told was the number for his department. I rang it and spoke to a girl that said she can't put me through to him if I don't give my name. I asked if he was available if I did give my name and she said 'no' !!!!!! I asked what her name was and she gave it to me. Is it worth putting this on the affidavit too or is it irrelevant?

That link was really helpful, I'm now confident that everything is correct on the forms. Another quick question, the continuation sheets that I've done, is that officially a defence or a witness statement? Also do I need to add a title to that with court details etc. as would be required for a 'normal' hearing?

thanks 42man. I will add that to the defence. Because the defence is 6 pages long, I've printed it out and put ''please see attached continuation sheets'' on the form6.5. Also I'm a bit confused what to put on form 6.4 there is a part that is asking for a date, time and place, is this for the court's use or can we specify a particular date? sorry for all the questions, I am a complete novice.

I know that people have been phoning (well trying to phone) Barry davies with no luck, my partner has tried too and not got through. What is the best way to word this on the defence?

We have to get this to court tomorrow as the 18 days are up, so I'll fill it in as best I can and hope all goes well. I'll keep you updated!

also, I'm not too sure what to put on the form 6.4 in all the sections? PLEASE HELP !!

sorry to be a pain, but I'm just going through all the defence etc. and need a bit of help to get my head round it all. I am a complete novice on this and don't want to make a mistake. -my partner is taking the form 6.4 to the court tomorow to be sworn in - is the form 6.5 needed for this? -what will the procedure be exactly once that's sworn in, will we get a court date sent through the post and have to attend court to defend?

I never knew that oilyrag. I've just had an email from paypal and they've closed my account, unbelievable. There is over £800 in it and I have to wait 180 days before I can get it out!

I've just checked my online statement and barclays have not allowed the money to go out. They have dated it 14th feb though, not today's date. I am quite surprised at this, as I has sent the money onto my partners paypal account. Paypal have limited both our accounts now too. What would've happend if my partner had spent the money? I'm waiting for details of my new current account to come through the post asap!

wow, thats great news goorooji Paypal have suspended my account, I suspect that barclays have asked for the money back! I have had to supply them with a proof of address, photo id and details of about 15 recent transactions. what a pain!!! I've done it now though, so just waiting to hear from them. I think that they must see the passing back and forth of the money between my partner and I a bit strange.