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

[dave121]

they (the courts ) said disputes should have been done at the stat demand stage...

and you should get legal help

we can really not remember ever getting a stat demand , 1st credit say it was hand delivered through the letterbox not after 17.00 pm in feb??

[42man]

ok Dave you've sent the CCA requests off to Connaught and 1st Credit....(sent recorded with a £1 postal order in each ?)

 

I would also send a SAR request to the Data Controller at LloydsTSB ASAP too this will cost you £10 (send a postal order) and send it recorded...

 

Send this to them....

 

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 account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor 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

[42man]

Dave as mentioned, go to the court, quote the case number and ask for ALL the paperwork on the case, try and do this as soon as you can, I know the CCA's have been sent (the time runs out before the hearing which is good) and the SAR has been sent....we know there are a significant amount of charges that have been added to the account if it is £500 then they owe you £760 odd (this includes compounded interest)

[42man]

You'll submit the defence 8 days before the hearing Dave.....I'll do a draft copy for you to look at, i'll send it to you probably on Monday or Tuesday....but the first thing to do is go to the court and pick up all the paperwork (best way) OR ask them to send it to you (they send it 2nd class) !!

[dave121]

yes thanks for that really appreciate it i will go to the courts tommorow and get what i can

regards dave

[Docman]

dave

 

you need to check the affidavits verifying service that the process server should have sworn, one for the SD and one for the bankruptcy petition. If you can, ask the court staff to copy them and then post them after taking out personal details.

[dave121]

ok been to court and they will not let me have the affidavits they say it is up to the creditor to show these docs not us , she read some of it and says it looks ok? there was no reference to a stat demand in sept 07, nothing logged, just one in Feb 08, in which we never recieved. the bp was sent first class the alleged feb SD was delivered by hand,through the letterbox, after failing to meet the alleged depbtor on the door...mmmmm

what do you think guys?

[Docman]

Never heard of a court refusing a defendant the opportunity to see the court file. iIve looked at several when acting professionalyy. I'll need to check the Insolvency Rules but your OH may have to attend the court to gain access. It's probably an over zealour official.

 

The key to opening up the BP will be the service and the affidavit. Once that is done and the BP set aside or adjouned, then the debt itself can be dealt with.

 

I'm away from my office now until Monday but I will post a fully response then.

Doc

[dave121]

ok thankyou

[42man]

ok Doc/Dave....i've asked a very knowledgale person to take a look also...from the Process side...

[PI Guy]

Since you are at the BP stage there's no point discussing what should or shouldn't have happened at the SD stage.

 

The BP should have been served personally! If they were unable to do so, then the process server should have a sworn affidavit spelling out what efforts they made to serve it personally and a request to the court for alternate service via letter boxing.

 

Once that request was ordered by the court then it can be served by letter boxing it and a further affidavit would then be sworn saying so.

[42man]

Dave / Doc...hope to have 1st draft defence done before the end of tommorrow...

[danmcd]

can the subject access request be sent to dca's as well? and if so what charge would be incurred for this?

[42man]

Yes you can send a SAR to the DCA...it also costs £10...

[babybear39]

Subscribing...

[42man]

Dave / Doc...check emails....

[dave121]

thanks for everybodys help on here in particular 42nd man

first credit withdrew the petition at first sight of the defence:D

please admin put it to the won cases !!!!!!!

thanks again regards dave

[dave121]

is moorhead james going to be registered as a charity ??

they are giving a lot of money away lately.....:D:D:D:D:D:razz::D:D:D

[42man]

Great result Bankruptcy Petition withdrawn, despite an unfriendly judge the opposition didn't want to fight the defence !!!

[PSB123]

I'm glad this worked out in your favour dave121. Did you have to attend court at all and did you get awarded costs?

[42man]

Yes...did attend, no costs awarded judge said that CPR38 only applied to 'professionals'.....didn't push the litigant in person but pleased BP is out of sight now....and if 1st Credit decide to push we can deal with them. Original creditor has written in answer to the SAR saying 'we can't trace any accounts'....

[PSB123]

Yes...did attend, no costs awarded judge said that CPR38 only applied to 'professionals'.....didn't push the litigant in person but pleased BP is out of sight now....and if 1st Credit decide to push we can deal with them. Original creditor has written in answer to the S.A.R - (Subject Access Request) saying 'we can't trace any accounts'....

Did you attend too 42man?

 

Can 1st Credit still try and chase this debt?

[creditcardmug]

Congratulations, great result, shame about not being able to hit them for wasted costs.

[dave121]

thanks it was a great result , i just wish more people would visit this site as there was a lot of individuals today that was not turning up for there own bankruptcy hearing,

 

just hiding away is not the answer , just a little defence/fightback gets them worried, so if anybody is reading this and just starting off in the preceding s, go for it, you will be quite shocked how quickly they back down;)

[dave121]

to be honest c c mug we were glad to get out of there or rather my wife was....

if it was my petition i would have argued a bit more with the judge regarding costs, but you cant say much as an assistant/mcenzie friend not direct to the judge anyway!!