1st credit /connaught Bankruptcy Petition - ** WON **

[dave121]

hi there wonderful sight, really interesting...

 

my wife has just recieved a solicitors letter with the following wording.

 

we act for 1st credit , we enclose, by way of service upon you, the following

 

1, sealed bankruptcy petition and notice of funding petition

2, sealed order dated 7th july 2008 whitch provides for substituted services of the petition on you by 1st class pre-paid post.

you will note that the petition is to be heard on 9th sept 2008 at 10.30 am

please acknowledge safe reciept of this letter and its enclosures.

please help!

 

inside it says on the 13th of feb 08 a sd was served upon the debtor by inserting it through the letterbox before 1700 hrs

 

we have never recieved the s.d

 

please help regards dave

[creditcardmug]

I think ist credit are on a mission to see who can issue the most SDs in one day, the site is half full of them, words fail me.

I'm sure someone will be along soon with instructions on how to get this set-aside, which you must do, you only have 18 days.

Check out the other threads on SDs while your waiting

Good luck

[PSB123]

It may be an idea tomorrow morning to call the court quoted on the petition to see if it has been lodged. May just be another scare tactic. Just out of interest is the solicitor involved LCS?

Edited August 5, 2008 by PSB123

[dave121]

hi thanks no its moorhead james

do i have to prove we did not recieve the stat demand? and can i email the entire letter to somone on here?

[dave121]

it has a county court stamp on it too and the judges name....

[PSB123]

Looks like 1st Credit are actually going ahead with a bankruptcy here. I would definetley phone the court though to see if it's correct.

[PSB123]

Hi dave121

 

Is this connected to this? http://www.consumeractiongroup.co.uk/forum/legal-issues/135762-where-do-i-start.html#post1435401

[dave121]

no its not mate, totaly seperate

checked with the court and it has been logged....

any ideas

[PSB123]

Apart from getting yourself a solicitor you could always argue in court that you never received it. Do you know what the debt is for and when you last made payment or acknowledged the debt in writing? If over 6 years it's statute barred. Have you CCA'd 1st Credit or disputed the debt in any way with them?

Edited August 6, 2008 by PSB123

[dave121]

it is for a loyds tsb credit card

there are definatley illegal charges on it and the value is 2060.00

it is from 2003 my wife lost her job and offered reduced payments about a year ago and was denied, they wanted full payment is it to late to get it adjourned? it says if you wish to object it must be at least 7 days before the hearing

any more help please...

regards dave

[dave121]

sorry we have not cca them or disputed it we have never agreed that it is ok as well

[PSB123]

CCA and S.A.R - (Subject Access Request) them. The CCA will cost you £1 and the S.A.R - (Subject Access Request) £10. Use postal orders, NOT cheques. You don't want to give them your signature. This will hopefuly throw the debt in to dispute. It should help you out in court. The SAR will hopefully help you to identify illegal charges.

 

P.S. I hope I have given out correct info. I stand corrected if not

[PSB123]

it is for a loyds tsb credit card

there are definatley illegal charges on it and the value is 2060.00

it is from 2003 my wife lost her job and offered reduced payments about a year ago and was denied, they wanted full payment is it to late to get it adjourned? it says if you wish to object it must be at least 7 days before the hearing

any more help please...

regards dave

When is the hearing? If you have more than seven days get it done like NOW!!!

Edited August 7, 2008 by PSB123

[cymruambyth]

Is it worth posting on the legal issues forum as you may be able to get more specialised help?

[42man]

OK this sounds the 'real' deal here, they are indeed going for bankruptcy...Moorhead James work on a no win, no fee basis, and I know for a fact they lost one case !!! if it was me in your position, I would send a CCA request immediately out to Connaught AND First Credit both by recorded delivery, keep the receipts and copies of the letter which you can put in your affadavit. What you must also do ASAP is a Subject Access Request to Lloyds Bank...!! get these done ASAP !!! you can't make a CPR request as these are the Insolvency Laws NOT Civil Laws....

 

Your affadavit must be sworn in front of a court officer (free) or a solicitor (they usually charge £5 for doing this)...

 

As they have substituted service, then the process server will have done an affadavit to say he/she has tried to serve the stat demand on you personally without success, so they go to the courts with the affadavit to get permission to carry out substituted service.

 

If you own your own home bankruptcy should be a final option, it should never be forced on anyone....

 

Where abouts in the country are you as I may be able to attend with you...

 

BUT you must send out the CCA requests and the SAR requests ASAP...

[42man]

You will also need to fill out Form 6.19 which you can get from the Insolvency website....unfortunately you can't just say you never received the Stat Demand - This will be part of the affadavit as well as being on the defence, I have heard 2 judges say that people always say they never receive it but the judge invariably says 'I don't believe you'...this is why it has to be on the affadavit. However this will only be part of your defence.....the CCA defence, non production of defaults, possible excessive charges, lack of letter before action....And you can request the judge to check the process is correct....Is there any chance the debt might be statute barred i.e. you have neither made a payment towards or acknowledged the debt within 6 years ?

[42man]

This is what your affadavit will look like, which you and/or your wife will need to complete.

 

AFFIDAVIT

I (name) of (address), (occupation)

MAKE OATH and say as follows:

____________________________________

Signature

SWORN AT (address)

this day of year

before me,

____________________________________

(A Solicitor or Commissioner for Oaths)

[dave121]

thanks the court date is on the 9th of september i will get them letters out asap i am from west yorks,

i think it is around the 5 year mark

do i send a letter of objection to the court now??

thanks for your help so far....

regards dave

[42man]

Dave don't give out too much info on here...as these forums are read by 1st Credit/Connaught employees, I can help, but send me a PM if need be...

[dave121]

wow ok.. i can scan the docs and let you have a look? by email?

[42man]

No don't send anything to the courts yet....but DO send the CCA requests and the Subject Access Request, The CCA requests you will need to put a £1 postal order in each, and DO NOT HAND SIGN ANY LETTERS and send them by recorded / guaranteed delivery...as for the SAR, you will need to send a postal order for £10 to Lloyds..if this is your wife's debt only then ONLY put her name and the address on it again do not hand sign it....

 

This is the SAR request to send to Lloyds...send it to the DATA COMPLIANCE OFFICER at their HEAD OFFICE

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my accounts formerly held with you.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

 

You can find the CCA request here...it is letter 'N' from here.. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html again, send EACH request to Connaught and 1st Credit with a £1 postal order, and do not HAND SIGN IT EITHER - WRITE AT THE TOP IN BIG LETTERS - I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY YOU MAY REPRESENT, again send each one by Recorded / Guaranteed delivery...

 

You must do this 1st thing tommorrow....

[dave121]

ok thats all done when do i notify the court that we wish to object to the bankruptcy?

regards dave

[PSB123]

ok thats all done when do i notify the court that we wish to object to the bankruptcy?

regards dave

I would do it first thing Monday morning while you still have time.

[dave121]

do you have to make an appointment with anyone or ring or just go down to the court?

they may say you should have done it at the stat demand stage ,but we are unaware of such actions beforehand!!

[PSB123]

You could give them a call and tell them what you intend doing. They should be able to advise you.