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From what you've now said I think they were being honest and realistic when they said no guarantee of winning.

 

@ PI Guy The one he's going to just now is probably included in the list.

 

There's a difference between just anyone and a good one. :( I know of some local ones to me that think they are but need shot.

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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Thanks Gingerheid for being straight with me I think I know its a lost cause but wish I'd been well enough last year to find this forum. Hats off to you guys I've never been in a forum but its great to get feedback.

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I don't think it's a lost cause in terms of that you are going to go bankrupt. But I think the odds are really against you in terms of winning completely.

 

It's always worth asking another sol what he thinks about being more aggressive if you are in a position to, but a lot depends on how much you have to lose. If you go down that road it's winner takes all. Unless you have nothing to lose, I think just trying to avoid bankruptcy may be your best hope.

 

I think your first step is to check that you do have a CCJ, and if so see if you can apply to vary it, and discuss with the/a solicitor if doing this would indeed help with the bankruptcy petition.

 

If not, and if you can't avoid going bankrupt, then perhaps you come to having nothing to lose by fighting that you won't lose anyway :(

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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I think I've resigned myself to paying the £27500 since January but the fact they wont even talk to the credit leason team of the debt management company says they just want to make me bankrupt to balance their books. They offered them £111.00 and security in the property but they wont even speak to them.

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If the DMP people have been dealing with this aspect, maybe it would be better to ask the/a solicitor to try and take it on. They might be more willing to talk to them, and they will know better if trying to vary the terms of the CCJ is an option available to you.

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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Sorry - DMP = Debt Management Plan; Gregory Pennington.

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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There is a legal loop hole in statutory demands ... the document must show a named person from the creditor or their agent/solicitor to whom you can contact directly.

 

If a statutory demand doesn't give the name of a person you can speak to it is not valid, also, if there is a named person on there and you try to contact them and they won't put you through then it is also invalid.

 

(rule 6.2 of The Insolvency Rules 1986)

 

Might be worth checking that for starters ... take no notice of contact details on any accompanying letters, they are not part of the Statutory Demand, it is only those on the Demand itself that are valid.

 

Jones & Talog Davies in Ruthin have an Insolvency Solicitor ... don't know how close to Ruthin or Mold you are!

 

Boa ...

It's difficult to remember that when you're up to your arse in crocodiles your objective was to drain the swamp.

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Nice one matey will look tomorrow off to bed now if you mail me will send you a copy of the stat have them all scanned in but aint got a clue what they mean:-/

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I did consider the technical approach. But realistically, if roystc has already applied (through a lawyer no less) to set the demand aside and been refused, I don't think it's going to go far. I think the court will be satisfied that he knows what it is, who it's from and what they want. :(

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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I did consider the technical approach. But realistically, if roystc has already applied (through a lawyer no less) to set the demand aside and been refused, I don't think it's going to go far. I think the court will be satisfied that he knows what it is, who it's from and what they want. :(

 

That may be so .... but we are talking about a lawyer that failed to get a stat demand set aside for a disputed amount no less!

 

You may recall (#40) that I advocated that roystc seek leave of court to set aside the stat demand .... in my opinion this is crucial in order to obtain a successful outcome to this situation, a priority in fact.

 

Set aside is set aside no matter how you look at it ... all possible avenues should be looked at closely including the slim chance that the stat demand was/is invalid ...

 

As statutory demands are issued by creditors and/or their agents and not by the courts this 'legal loop hole' often exists in a demand.

 

Just looking for a path of least resistance ..........:(

It's difficult to remember that when you're up to your arse in crocodiles your objective was to drain the swamp.

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Hi again all. More thoughts. Is it worth going back to the root of the problem, the OR dealing with the ex's bankruptcy? And my other thought is that if roystc was misled into believing he owed the money while he was unwell then surely that is a defence?

 

BTW I have spoken to solicitors about my various traumas over the past two years (I know and work with several) and most of them would not go to the extremes that us Caggers will - they will generally go down the path of least resistance.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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BTW I have spoken to solicitors about my various traumas over the past two years (I know and work with several) and most of them would not go to the extremes that us Caggers will - they will generally go down the path of least resistance.

 

Ouch!:(

It's difficult to remember that when you're up to your arse in crocodiles your objective was to drain the swamp.

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Having seen the petition and demand I fear that the SD is never going to be set aside, as it does indeed fall on the back of an unsatisfied judgement. This means that the stat demand effectively wasn't for a disputed amount.

 

I don't know if it's possible to have the terms of the judgement varied from payment in full by 11th February to payment of X per month, and how that would affect the Stat Demand, but I think that would be the best outcome if it's possible.

 

I noticed mention of an IVA. Are you still trying to propose one?

Edited by Gingerheid

Number of times I've asked 1st Credit for information that I stil haven't recieved... 55 as at 02/05/07 :!:

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The Financial management company said that they would ask me to sell the property even though there is very little equity in it. So they set up a financial arrangement and all the other creditors are happy but Beechcroft wont even speak to their cradit leason team:-( Its crazy its not even my debt and when I accept to take on someone elses debt they want it in one lump sum.

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OK gang, how about going for a set aside on the original CCJ? It was a default CCJ and if we get that set aside the whole pack of cards collapses. Then roystc can get the BR postponed - no CCJ = no SD = no bankruptcy. I do think there is enough to get the CCJ set aside - issued by default while he was in hospital - not money he owed which I believe can be proved.

 

It's worth a try - isn't it:D

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Good idea, Goldlady, if it was a default CCJ, it might be possible to set aside both the CCJ and then the SD. Trouble is, time is not on our side. The best that could be achieved now would be an adjournment of the hearing of the bankruptcy petition until the CCJ was examined.

Roystc, do you know if a defence was put in against the original claim by the trustee?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible.

We have listed quite a few valid reasons below.

 

 

  1. Were you given 28 days notice in order to pay?
  2. Were you living at the address when the summons and judgement took place?
  3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
  4. Did you receive the summons? They are not sent by recorded mail.
  5. Maybe you were unable to attend court and defend yourself.
  6. The judgement should not appear on the credit files if it was paid up within 28 days.
  7. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.
  8. If you did not receive any notification of the judgement/s made against you, then you can appeal.
  9. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
  10. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
  11. It could have been that you were away from the time between the issue of the summons and entry of the judgement?
  12. Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?
  13. Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?

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As far as I know I made a statement to a Barrister last year saying I'd spent money on the house etc and showed my bank statements for about 2 years with about £20000 comming out in cash in £1000-£2000 but the solicitor said they'll just say you could've spent that on anything not the house. Then he said Beechcroft had sent a estate agent leaflet when she bought the house and one when she sold it and said it was the same house and I didn't stand a chance. Hence when I got the letter I signed for the £27500

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