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    • Just as the title says, if ever there was a good reason to ditch Micro$oft and move to Linux then this is it :-   Giving Windows total recall is a privacy minefield • The Register WWW.THEREGISTER.COM It's only a preview, and maybe it should stay there ... forever Help is available, most modern PC's can run a version of Linux suitable for your needs and it is not difficult to use or learn. Ubuntu is popular, new version is very modern Garuda Linux is the one I use, based on Arch, rolling release, bang up to date. I have friends and acquaintances, old and young, PC Literate and not. Most people who try it never go back to Windows Hamster
    • I've had to hide two of your posts.  Anyone clicking on your links gets sent to external sites.  On top of that your real name is showing on one screenshot.  Fellow Site Team member dx100uk has already politely asked - Anyway, jk2054 wants to see the communication you got from your local court which will have told you about the hearing date of 17 June, and will have mentioned a deadline for filing your Witness Statement.
    • I believe it is helpful to seek guidance from a range of places and decide on the validity of the sources and frequency of responses which are most helpful. A single voice can be a dangerous thing. As, of course, can groupthink. Scott, it feels like £4k on a solicitor for a £1.5k bill is overkill. Were we back in time I'd suggest small claims court as your claim sounds like it may be straightforward? By all means add that phrase on. I also suggest you contact the court and go and sit in on a couple of similar cases to get a better understanding before you shell out.
    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northamton, civil national business centre Name of the Claimant ? PRA Group Uk Portfolios ltd. How many defendant's  joint or self ? self Date of issue –  21 May 24 date of AOS - 07-06-2024 date for filing defence by - 21-06-2024 Particulars of Claim 1. The claimant claims the sum of £5600 for an outstanding debt owed. 2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ). 3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600. 4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23. 5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. 6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £5600 What is the total value of the claim? £6100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? no Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card   When did you enter into the original agreement before or after April 2007 ? before - in 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't recall - I suspect post / online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned - debt purchaser has issued the claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes   Did you receive a Default Notice from the original creditor? pretty certain - Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet  Why did you cease payments? Covid lockdowns  What was the date of your last payment? i thought it was 2020 - they say 2021 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
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Is bankruptcy an option or good idea in this instance?


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My partner and I have a lot of debt and are doing our best to sort it out. We also have a large mortgage and a secured loan which we are struggling to pay. Our house is up for sale at the moment and when we get it sold it will help pay off a lot of our debts. The problem is that both myself and my partner have individual debts and there wont be enough equity to pay everything. Would it be possible, or even sensible, for us to clear the debts that are in my name with the equity (which technically is mostly mine as I put down a large deposit on the house when we bought it) and then for my partner to declare bankruptcy. Even after selling the house we will still be making substantial payments out each month as even though we have been to the cccs and made payment arrangements with out creditors most are still banging on huge amounts of interest each month and we will also still have to rent. It seems to be a vicious circle, the more we try to solve the problem the worse it gets.

Would it make sense for him to declare himself bankrupt, I have a small business so I dont want to put myself in that position but he is fine about doing it if it will help solve our problems. Its just that Im not sure about the pros and cons, I tried looking at the bankruptcy thread but it looks very complicated and I would just appreciate it if anyone could put it in a sort of compressed laymans version or advise from experience.

Thank you.

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Hi 1stlifeline,

 

Welcome to CAG. I am by no means an expert on bankruptcy, I'm sure a learned cagger will be along to advise. I would also recommend speaking to the National Debt Line.

 

You mentioned earlier that you and your partner have individual debts as well, I take it these are unsecured ones, loans, credit cards, catalogues etc?

 

If So I would suggest sending out CCA requests to each creditor to establish whether they have a legal right to collect the debt. To do so they must have a valid executed agreement which conforms to the consumer credit act & various regulations. In most circumstances, especially if the accounts go back a few years creditors arn't able to supply fully enforcable agreements which can be a great bargaining tool for you.

 

Lastly, Do you think there might be any unlawful penalty charges on any of your accounts? If so you could send a SAR request to each creditor, work out all the charges and begin claiming them back, you might be surprised how much they amount to, especially if you have been through some financial diffuclty and missed the payments.

 

kind regards,

shane

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I think you would benefit from expert advice from somewhere like National Debtline - this forum is great but you really need some quite in depth advice. Its free & confidential & they know their stuff on bankruptcy. It's freephone 0808 808 4000.

 

The main issue would be the property as you will both be seen as having a 'beneficial interest' in it regardless of whose name is on the mortgage.

 

If you sell it, pay your creditors then your OH goes bankrupt the OR will look at the property transaction to ensure that you both had your 'share' of the equity. They will loook at how the share of the equity that was your OHs was distributed ie have some creditors been unfairly prioritised over others?

 

Really we would need more info to be able to offer specific advice - is your partner working? How much equity in the home? Any other assets? How much debt and what kind of debt?

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Thank you for the replies. We have been to the CCCS and they advised us to sell the house at the beginning of the year but we did try to hold on to it before finally admitting defeat in September and putting it on the market. we have the mortgage and a secured loan on it which we would be able to pay off comfortably when it sells. Our other debts are 2 loans which my partner had when we met as they were taken out for his former partner and also we both have credit cards which we have got agreed payments on but they are all still adding interest even though we have sent them all a statement of earnings and income/outgoings.

The thing is that we dont mind sharing out the equity across the debts to get rid of some of them but we dont see an 'end' to the situation which is why we thought about considering bankruptcy once we ahd no home they could take off us. But as I said it wouldnt be suitable for me to take that step as it would impact on my business which I am working really hard at to try to get us back on our feet and get some quality of life back.

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PS, sorry Powell. I meant to mention, OH is working, we have no other assetts and have debts totalling about £50,000 with only about £30,000 equity in the property. Also when we sell the house we will need to use some of the equity to get rented accomodation.

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Hello there.

 

Bankruptcy is ONE option and well worth talking to one of the debt help charities about. I would like you to also consider a full & final settlement. As you have equity you'll be left with a lump-sum which you could use to make offers to your creditors. You WILL need to ensure that the creditors are aware that a F&F settlement is the best deal for them and always go in at a low amount to start with. Have a look:

 

National Debtline England & Wales | Debt Advice | Factsheet 24 Full And Final Settlement Offers

 

There are lots of implications with bankruptcy that you'll need to consider such as effects on your credit file, work, furture tenancy agreements.

 

There is also the cost, which is £485 per person.

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Thank you sequenci. We intend to give the full and final settlement a try. Thank you for the link.

 

remember to go in at a low figure with room to increase if need be.

 

also CCA them to see if they can legally take court action, if they cannot then they may be more receptive to a lower offer :)

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remember to go in at a low figure with room to increase if need be.

 

also CCA them to see if they can legally take court action, if they cannot then they may be more receptive to a lower offer :)

 

 

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I agree with Sequenci / Shane re F & Fs - I would definitely consider these first given the amount of equity you have. From what you are saying the implications of bankruptcy may not make it an ideal option ( remember as you have joint credit you have a financial association so will show up on each others credit ref searches ).

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