Hello, I am a new user. I hope someone can help as I have a court hearing early November. I stopped paying my Credit Cards middle of 2010 after I lost my job. I could not reach an agreement with the Credit Card companies to pay a smaller repayment until I find a new job. Few months later, I was getting letters and calls from different Debt Collection Agencies. I ignored their letters and phone calls till they stopped. Earlier this year, a man came to my door and asked of me. My brother opened the door as I was not in as he was here on holiday from abroad. He asked the man who he was and which company he was from. As the man appeared suspicious and was evasive with his reply, he refused to confirm my name when he was asked and the man asked him to take a letter from him. He refused to do so and he throw it through the door and said he was served, thinking he was me.
I usually do not open the letters and return them back to the senders. But I received a letter from the County Court. This I found out because it had the County Court address on the envelope and opened it to find out that I have been declared Bankrupt in my absence. Apparently, this was the second time the hearing took place which I failed to attend.
To my surprise, the only time I got a letter from the Court was when I found out that I have been declared bankrupt. There was no letter from the Court to attend the first and the second hearing. There was no way I could have missed the letter if it was addressed like the only one I got, which had the Court's address on it. I found out from this website to contact the Court immediately and apply for a stay of proceeding and advertisement. I also said that I was not aware of the Court hearing or having any knowledge of owing the company that has filed bankruptcy against me any money. The Court has granted another day for the hearing early November. I sent 2 recorded delivery letters to the company. One of the letter I sent with £1 postal order giving them 7 days to provide original copy of the Credit Card Agreement. I have received a reply saying that they have requested it from the original Creditor. Another letter (SAR) I sent with £10 postal order requesting full information about the debt (used a template I copied from this website). I have received a reply saying that they can only provide evidence of purchase of the debt and any communication they have with me, but that I need to contact the original Creditor for earlier documents.
Two things I will like to mention:
1. The original creditor was xxx Card which I signed the agreement with. It was later taken over by xxxxxxxcard when xxx Card pulled out and no longer providing Credit Card facility.
2. The Credit Card number on the Court paper is different from the number of the card I stopped paying. The only similarity is the first 4 digits, everything else is different.
3. I did not receive any letter from xxxxxxxxxxx that the debit has been sold to the company that took me to Court.
Can anyone advise on how I should prepare my defense for the Court appearance. Should I send SAR to xxxxxxxxxxx request for a copy of the original credit agreement, even though I know that all the previous bills I still hold do not match the card number on the Court paper. I am worried they might contact the company that took me to court and inform them of my possible defense. Please help anyone. Thank you.