Thanks for that Have done 2nd thing (though I think it might be a little late in the day) Am not sure about 1st thing - what do I do when they turn up to collect? Cheers Michael

Absolutely Thanks for that, but would I just counter that with "I've gone BR, here's the order"? Would they still be able to make a liability order? Thanks - might be a little bit longer than 2 weeks for me (gotta find that £500!), but good luck to you too Cheers Michael

Now, that's logical Thanks {{HUG}} Cheers Michael

Well, some holidays have been involved, but I wouldn't have called them luxury ones - and I don't have luxury goods anywhere. Mind, at the time I could afford it - it was before I went through a bad patch a couple of years ago, and I was earning a very good salary before I became unemployed (should've bloody well done it then when I wouldn't have had to pay the court fee!). The amount....well I haven't actually totalled it up properly yet, but I think it's prob £50k or so Of course, it could well be £25-30k more if/when the mortgage shortfall's confirmed. Cheers Michael

Thanks again everyone - knew I'd get the answers here, you're all brilliant as always & it really helps a lot I tried a DMP a few years back, but that worked out at around 22 years to pay back. Also looked at IVAs, but that would mean creditors continuing to rule my life for the next 5 years. Besides, the rules under BR seem to actually allow you to live a relatively normal life and everything's sorted there & then - whereas with an IVA you've got more allowance restrictions, need agreement and also there's a longer impact on your credit file (another 6 years from IVA completion)! BTW, on the bank account front, I knew about the Co-Op being good, but it's good to hear about Nationwide offering an account too - I might end up with them as their branches are better for me Well, more a BRU really - I was thinking that they might view some of my borrowing as irresponsible, etc.. anyway, I don't really see a BRU/BRO being a big problem - I've lived without getting new credit for long enough to be used to it Cheers Michael

Thanks both B4E - yeah, know about that one ta, it doesn't answer a lot of questions though GL - I'm ready for this one (and the OH is too!), decided I need a complete break (though would love to spend days & weeks going through the dance with all the creditors!). Thanks for your comments - really helps things in my mind J2B - appreciate it me old mucker About time this old tart got himself properly sorted Cheers Michael

Hi all Things have been pretty much ticking over for a bit, but I'm now seriously considering bankruptcy so I can get a fresh start. Fully expect to get an IPA and maybe even a BRU/O, but I just had some questions so I can sort some stuff out and make my final decision, if you don't mind 1. My flat was repossessed in January - it's on the market, but no sale as yet (hasn't gone to auction yet either, as far as I know). There will be a large shortfall (which is pretty much what's made me consider bankruptcy), but obviously until it's sold, I don't know what that is going to be. Is there a problem including this in the bankruptcy? 2. If a debt isn't included in bankruptcy, can the lender come after you post-bankruptcy for it, or does bankruptcy wipe the slate clean of everything at that date, regardless of whether you write it down? Reason being that I have several statute-barred debts & unenforceable agreements that are still being chased from time-to-time - on one hand I'm loathe to include them because they're not enforceable and I'd hate to see them get even 1p from what will be a very limited estate, but on the other hand I'd like to have rid of them for the future - i.e. I don't want anyone to be able to come after me after bankruptcy! 3. I work ~40 miles away from home, and my car's pretty essential to do that journey (doing it by public transport would cost at least twice as much, and take at least three times as long!), and I'd say it was worth £500 at a maximum. Do you think the OR would grant an exemption? 4. I live with my girlfriend in a rented flat. Currently, all the bills are in my name on monthly direct debits, and she gives me ~£500 a month as her contribution. Obviously it's probably best for me to transfer whatever bills I can into her name so that we can carry on paying monthly (and any outstanding balance from it being in my name can be included in the bankruptcy), but I'm unsure as to what the best policy is to sort out whether it's best for us to get a joint account and have the bills paid out of that. Would the OR freeze a joint account on bankruptcy, since it'd have my name on it? I'm more tempted to let her have the direct debits on her account and pay her my contribution each month. 5. Can Council Tax debts be included in bankruptcy? Thanks in advance for your help as always Cheers Michael

Congratulations Chris, great news - just the way to go into the weekend Cheers Michael

As yet nothing received from either MCE in an attempt to settle or the Court giving any directions.... Cheers Michael

Faxed LBL this morning, requesting a copy of the sealed BoS. Cheers Michael

Ok, here's the Bill of Sale: Page 1 Page 2 And here's the credit agreement: Page 1 Page 2 Anyone offer any advice quickly please? Thanks Cheers Michael

Hi All I'm in a bit of a time-sensitive pickle with this lot - leaving aside the daftness of getting involved in the first place (original loan was a while back, then it's been re-loaned a few times since I can never seem to completely pay them off), I've managed to get myself behind by a month. Whilst my car's not worth a lot, my plans to by a new car this month have been scuppered by a cloned debit card - otherwise I'd have just got a new cheap runabout and let them take the car. Reading on here, I see that the Bill of Sale could well be invalid - I don't think their Default Notice is what's required either (let's leave aside the credit agreement at the moment!): Default notice (which is for a different date of agreement - states 21st Aug 07 whereas the agreement was dated 20th Aug 07): Now, reading the Bill of Sale, whilst it does have a lot of words in () it doesn't appear to have the mandatory form as laid out in the schedule of section 9 of the Bills of Sale Act (1878) Amendment Act 1882 (c.43) (here: Bills of Sale Act (1878) Amendment Act 1882 (c.43) - Statute Law Database). It starts off with "This Bill of sale made this 20 August 2007" rather than "This Indenture made the day of ", and whilst the wording goes on, it's not the same as the form laid out (I can scan it in tonight if that'll help?) It's also witnessed by the guy who gave me the loan, who has put his address as "Log Book Loans" - that doesn't seem to me to be an attestation by a witness not party to the bill I'll be asking LBL to provide the sealed copy of the BoS as I can't afford £40 to do a search at the High Court (not to mention I'm pushed on time as the default notice expires on Tuesday next week!) Question is, once I've determined that the BoS is invalid, what do I do then? Cheers Michael

Received the Claimant's AQ today - nothing remarkable except they're requesting a 1 month stay to attempt settlement. If settlement attempts fail, they're requesting standard SCT directions.... It'll be interesting to hear just what they're going to try and settle with Cheers Michael

Ok, here's my re-amended defence, going off today - left a lot of stuff in, but added some more after all the previous arguments: Cheers Michael

Thanks guys, that may well prove useful later Cheers Michael

Ah well, need to get this out the door today, so for better or worse here's my new Defence: Cheers Michael

Ok, maybe not a prescribed term as per Schedule 6, but it is listed as a term in SCHEDULE 1 (INFORMATION TO BE CONTAINED IN DOCUMENTS EMBODYING REGULATED CONSUMER CREDIT AGREEMENTS OTHER THAN MODIFYING AGREEMENTS) - does that have any impact? Cheers Michael

Hmmm, my new Defence is going to be soooooooperb Just one question here - anyone see a "total amount payable" or "total charge for credit" on that agreement they supplied? Someone tell me if I'm on the wrong track, but it looks like that might well be a missing prescribed term..... Wouldn't mind opinions on the Default Notice too, please Cheers Michael

Thanks Paul Cheers Michael

So any Default Notice dated 19/12/06 or later needs to give 14 days for rectification? What was the time limit prior to this please Paul? Cheers Michael

Nice one un1boy - sounds like you've got a good Judge there Cheers Michael

Cool, thanks - don't suppose you have a copy of OFT019 anywhere too do you? BTW, for those still watching, no word from Cheque Centre on this since before.... Cheers Michael

Hi SG Thanks - appreciate everyone's advice Am sure there are decisions to be made a little later down the line, but for now I'm going to let it ride a little Cheers Michael

Hi Nicklea Well, I could understand that if the defence didn't also detail that the PoC were embarrassing, insufficient, etc.., they hadn't complied with Pre-Action Protocols, and they hadn't complied with the s77 request (and still haven't). Oh absolutely Aye, that'll now be a major part of the defence (thanks ) Indeed - plus the Ts&Cs (which haven't been supplied) Thanks for that. The bits I have so far are that the Default Notice references the wrong date of the agreement and includes penalty charges (whacking great ones too), there are no Ts&Cs (which would detail their cause of action, given their limited PoC - and would also detail any right to claim PJI, which they are doing) or cancellation rights. I'm just never quite sure about the Agreement itself... Cheers Michael

The more I think about this, the more I'm infuriated - the Court has single-handedly ignored almost every single point that I made in my Defence, including the breach of the Pre-Action Protocols (which means I need to photocopy all that stuff again). Cheers Michael