Being made bankrupt for mortgage debt.

[wwwdotcom]

Thats a shame WWW - was a possible avenue, never mind. Good luck.

Don't abandon me:eek:

[MrShed]

Not my area mate I'm afraid I know SFA on this!!

[blind-as-a-bat]

Just a thought wwwdotcom have you ever seen any proof of what the house was sold for? any statement showing what the 20k was made up of?

 

If not then they have not proved to you what you owe which you could use as your reason of opposition, if my thinking is right, but as i said im out of my depth here so not sure if thats a valid deffence as it where

 

it will at least delay the judgment while the claiment provides that proof if it is

[wwwdotcom]

I need some help here guys please.

 

I cannot afford to go bankrupt. do they negotiate outside the courtroom like they do in courtroom dramas.

 

I am not believing I can get away with this but I need to pay as little as possible..

 

Can anyone help?

[wwwdotcom]

I need some help here guys please.

 

I cannot afford to go bankrupt. do they negotiate outside the courtroom like they do in courtroom dramas.

 

I am not believing I can get away with this but I need to pay as little as possible..

 

Can anyone help?

[wwwdotcom]

Just a thought wwwdotcom have you ever seen any proof of what the house was sold for? any statement showing what the 20k was made up of?

 

If not then they have not proved to you what you owe which you could use as your reason of opposition, if my thinking is right, but as i said im out of my depth here so not sure if thats a valid deffence as it where

 

it will at least delay the judgment while the claiment provides that proof if it is

 

I have not seen anything. I just assume they are watertight.

[blind-as-a-bat]

As i said i may be wrong, but in CCJ cases its the claiments place to prove the debt, a judgment cant be made until that has been done to the satisfaction of the court so i dont see why it cant apply here, it wont get you of the hook, but it might buy you time, and considering that post Debt Docter made on MSE it may give you the time to see if that applys in your case.

 

As for there case being watertight, after my dealings with the TSB i very much doubt it

 

Look at it this way if i came up to you and said you owed me £100 would you just take my word for it and pay me?

[wwwdotcom]

As i said i may be wrong, but in CCJ cases its the claiments place to prove the debt, a judgment cant be made until that has been done to the satisfaction of the court so i dont see why it cant apply here, it wont get you of the hook, but it might buy you time, and considering that post Debt Docter made on MSE it may give you the time to see if that applys in your case.

 

As for there case being watertight, after my dealings with the TSB i very much doubt it

 

Look at it this way if i came up to you and said you owed me £100 would you just take my word for it and pay me?

Of course I would. You seem a lovely person.

[blind-as-a-bat]

Did you recieve a statutory demand before the bankruptcy petition?

[Goldlady]

You need to throw in as much as you can to muddy the waters. As said above if they have not given you any detail of what the amount is made up of then you need to say so.

[wwwdotcom]

You need to throw in as much as you can to muddy the waters. As said above if they have not given you any detail of what the amount is made up of then you need to say so.

I could pay the full 20 if I wanted to. This would take a lot of doing but is do-able.

 

But I would not feel good offering 10k if they would have taken 7k.

 

I find the lack of haggling odd, why would thay not want some money?

 

I have sent an email to the CEO suggesting that the company owes it to it's shareholders to accept a fair offer.

 

Is this normal? Are they playing unbelievable hardball?

[Goldlady]

Do they know your financial situation? If you can convince them that BR will give them nothing it will strengthen your case to settle for a lower amount substantially.

[wwwdotcom]

Do they know your financial situation? If you can convince them that BR will give them nothing it will strengthen your case to settle for a lower amount substantially.

Yes. Over umpteen emails.

 

I am beginning to think my plea of poverty may be working against me.

 

This is the email I sent their CEO

 

To Eric Daniels

Dear sir

 

Your company is making me bankrupt for a long overdue debt that I will admit was wrong of me to accrue. I have had the debt for many years and have never been in a position to pay it off.

 

I have bankruptcy proceedings against me on the 18th of September where I shall be declared bankrupt and, due to me having no assets, your company will have no money from me.

 

I have tried to negotiate some kind of deal with your recoveries dept via your legal eagles at Sprecher Greer Halberstam LLP, namely Mr. Medcraft. Your collections team have offered to cease the bankruptcy for £15,000 which is a vast amount for me to find. I offered £3000 which is the sum that your collections dept said they would accept some time ago, the now say there will be no more negotiating and it will go to court.

 

Why is this?

 

Is it not better for the bank and it's shareholders that they recieve some money rather than bankrupt a near poverty level individual?

 

I do not want to be made bankrupt and I certainly cannot get £15,000 together, is there anything you can do so that common sense may rule the day?

[blind-as-a-bat]

wwwdotcom, you have no time to be emailing CEO,s, you will be lucky if they read it at all , let alone before next thursday.

 

If you dont want to go bankrupt you must send that form Andy said to court today, if not they may just pass it regardless.

 

Your addmision you could pay it worrys me, when we first spoke you said you had no assets of value, if thats the case how do you expect to raise the funds?

 

Goldlady is correct, if you can demonstrate to the court your not insolvent, and there is a real prospect that the bank will re coupe there money and costs in a reasonable time frame then s/he may not pass the BO, but negotiating a lower amount at court will probebly not work, and in fact will probebly secure the order going through.

 

Your focus should be showing the court you do not recognise the amount claimed, and due proscess was not followed if you can, that at least will delay the order if you get it right.

 

You may find if you do get it right THEN they may be willing to negotiate.

 

 

There is a chance they may negotiate before the hearing, but they will leave it to the last miniute but i would not risk the chance they might, it will be too late then if they dont.

[AndyOrch]

Blind

 

I have given the bennefit of my advise and it as been disgarded think its time to move off this thread

 

Regards

 

Andy

[wwwdotcom]

I shall do that today. I do not know what I will put in the reasons box though.

 

The money would be borrowed from relatives.

[wwwdotcom]

Blind

 

I have given the bennefit of my advise and it as been disgarded think its time to move off this thread

 

Regards

 

Andy

Hi Andy

 

Sorry you thought your advice was ignored, it was not. I will be putting the form in today and appreciate your advice very much.

[Bona]

OK can you make things clear

1. Do they have a Judgement debt for this amoun

2. Have they issued you with a stautory Demand

3 When is the hearing is in your local Area or london

[42man]

OK......firstly try and relax if you can you amongst others who have been in similar situations as yourself.....

 

What date is the hearing for the BP ?

 

Firstly if it was me in your position I would firstly send a SAR request to Lloyds bank.....

 

Common sense tells us that if you do not have all the relevant paperwork, then until that paperwork is available to you how can you totally DISPUTE the debt/debts...

 

Have you received a statutory demand ?...

 

Do you have a copy of the signed agreements ?

 

Do you have statements for the duration of the loan ?

 

These are the sorts of questions I would be asking myself and definitely Lloyds....

 

In the first instance

 

Send this to Lloyds Head Office (attn of the Data Compliance Manager) you will need to send it with a £10 postal order and send it either by recorded / guaranteed delivery...(you will need to edit it)....

 

 

 

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]

OK just read your hearing is in 7 days...!!!

 

You will need to fill out form 6.19 which is a notice of opposition to the BR petition...

 

You will also need to fill out an affadavit....(which looks like this)

 

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)

Please send me a PM ASAP....

[pt2537]

Thanks for looking in 42man, much appreciated, BR is not my strong point as you know and since i know you've had your own battles in this arena i thought you'd be the best man for the job;)

 

Thanks again for looking in mate:D

[42man]

No problem I was in a similar situation to this guy (actually worse !!)...and can help....

[42man]

DOTCOMM please send me a Private Message as soon as you see this....

[42man]

We won a BR petition yesterday !!!

[wwwdotcom]

Thanks all for looking in.

 

Hopefullly I can answer the last 3 posts by just typing what I have in front of me.

This is the first page.

 

*in a box top left* This is the Petition referred to in the Statement of Truth of Emma Victoria Lake, dated this day 30th June 2008 *then signed by her, whoever she may be*

 

rule 6.6

 

In the *my local* County Court

In bankruptcy

 

Re: Mr *my name*

 

we Lloyds TSB Bank PLC *their address* petition the court that that a bankruptcy order may be made against *my name and address*

 

occupation-Unknown

Nature of business-unknown

 

and say as follows

1 the debtors centre of main interests has been *my address*

 

2 The debtor has for the greater part of six months immediately preceding the presentation of the petition resided at *my address* within this district of this court.

 

3 The debtor is justly and truly indebted to us in the aggregate sum of £19847 in relation to a judgement dated 3 april 2007 of the *my local* county court in preceedings entitled claim number ******. The debt is in respect of monies due under a mortgage advance following the sale of the mortgaged property situated at and known as *old address*. The property was sold on 20 may 1998 in the sum of £26,950. The proceeds of sale were insufficient to redeem the mortgage account and the balance outstanding is £19847

 

4 as from 1st October 2007 pursuant to section 212 (a) of the financial services and markets act 2007, Cheltenham and Gloucester PLC debts have been transfered to lloyds TSB PLC.

 

5 The above mentioned debt is for a liquidated sum payable immediately and the debtor appears to be unable to pay it.

 

6 On the 19 May 2008 a statutory demand was served upon the debtor by personal service before 1700 hours in respct of the above mentioned debt. To the best ot my knowledge and belief the demand has neither been complied with nor set aside in accordance with the rules and no application to set aside is outstanding.

 

7 We do not, nor does any person on our behalf, hold any security on the debtors estate, or any part thereof, for the payment of the above mentioned sum.

 

There is then an endorsment on the back page