Being made bankrupt for mortgage debt.

[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....

[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 !!!

[42man]

OK....did they indeed give you a stat demand on the 19th May ?....

 

Am I right in saying they got a CCJ against you back in April 2007 ?

 

Do you have any written record of their acceptance of the £3,000 you mentioned ?

[42man]

OK....watch your email...I can't make any promises...

[42man]

If you can afford it, take them up on the offer.....my feeling is this could be a big gamble to attempt to fight (although I suspect that the debt may be barred by statute - i.e. a gap of at least 12 years where you have neither paid towards or acknowledged the debt (despite your recent correspondence if there is a clear 12 year gap then it will definately be stat barred) but as you have a CCJ on this already (which was undisputed)....