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1st Credit Claimform - MBNA debt i never had - **DISCONTINUED**


AnimalMagic
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I have had a couple of letters from the above company claiming I owe money. To my knowledge I do not owe this money. They threatened a statutory demand on 1st Oct. I wrote asking for proof of debt. They wrote back asking me to telephone them. This morning I received a letter claiming they were proceeding with bankruptcy proceedings against me.

 

I am about to send them a CCA request.

 

How can I find out if they have issued a statutory demand? Would I not have received notification from the courts?

 

Just located the response to my letter and the reference is to a totally different company and amount - again one who I have had no dealings with!

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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Can you scan up the letters that you've had so far, minus your personal details?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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What you need to find out is if a Bankruptcy petition has been filed with the court. This is extremely important.

 

I would, in this case, recommend filing a set aside application on the stat demand as soon as possible.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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AnimalMagic, can you clarify something, you say they threatened a statutory demand, do you mean they sent you one threatening bankruptcy or they said they would issue one and then proceed to bankruptcy.

If there has been no stat demand issued then they cannot just present a bankruptcy petition.

 

It is important you find out if one has been issued though as there are posters on here who have supposedly been served petitions and then bankrupted without knowing about the SD.

 

DCAs are not known for their strict adherence to legalities.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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Threatening bankrupcy is a common practice with connaught they did the same to me earlier this year. I CCA'd them and they wrote back saying they were closing the file because they could not get the credit agreement.

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I have scanned the letters, but I'm having trouble getting them into a format where I can delete the personal details.

 

I don't know how to find out about the Statutory Demand. Do you contact a court or who?

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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What format has the scanner scanned the details into? JPEG or other files should be quite easy to alter in microsoft paint.

 

Alternatively, if you cut out some thick paper you can remove the relevant details prior to scanning.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Scanner has it's own format and can export as PDF, but I can't edit that.

 

I've managed to get them into jpeg format and am now looking for a place to host the files.

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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Statutory demands are not issued via a court - anyone can download one and send it - the only time the court gets involved is when either the debtor applies to have it set aside or the creditor uses it to file for bankruptcy.

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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This was received around 1st Oct

Letter01b.jpg

 

This was my response

Letter02b.jpg

 

Their next letter:

Letter03b.jpg

 

and this morning this:

Letter04b.jpg

 

 

imageview.php?quickkey=fvzjirlwmdn&thumb=4

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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Statutory demands are not issued via a court - anyone can download one and send it - the only time the court gets involved is when either the debtor applies to have it set aside or the creditor uses it to file for bankruptcy.

 

So how do I know if one has been issued? If I haven't received one, then I wouldn't know anything about it. Great justice system we have...

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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So how do I know if one has been issued? If I haven't received one, then I wouldn't know anything about it. Great justice system we have...

 

it has to be sent by process server, or personal service, unless a court offers substituted service.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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DCA ADDRESS

DATE

YOUR ADDRESS

 

RE: REFERENCE XXXX

 

To Whom It May Concern

 

With regard to your letter dated XXth

 

Whereas you allege that you have served upon me a statutory demand in all respects compliant with the Insolvency Act and

 

Whereas I have not in fact recieved such a demand

 

PLEASE TAKE NOTICE that until you rectify this failure, any attempt to issue upon me a Bankruptcy Petition will result in a vigorous defence of the same AND

 

PLEASE TAKE NOTICE that issuing a Bankruptcy Petition in these circumstances is a vexatious and unlawful action, and shall result in a formal complaint to the Attorney general under the Supreme Court Act 1981.

 

 

Yours Sincerly,

 

XXX.

 

send by special delivery. Also send them a CCA request by special delivery. do not sign either letter, instead just type your name.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I'll get those off on Monday... I assume there will be no problem send both in same envelope?

 

Presumably I would hear from the court if bankruptcy proceedings were in fact taken...

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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I'll get those off on Monday... I assume there will be no problem send both in same envelope?

 

Presumably I would hear from the court if bankruptcy proceedings were in fact taken...

 

there have been cases where the first the person knew about it was that a bankruptcy petition had been granted... e.g. 42man on this forum...

 

I would call your local court and check, personally.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Just been through 42man's thread and that is scary... Ruining someone's life without any proof...! :-(

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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They sound like seriously nasty people. I would not communicate with them in anyway except via letter.

  • Haha 1

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Subscribing...

 

Just out of interest, who was the other company?

 

Sorry missed this question first time around... The other company mentioned was MBNA with a different total owing. I have never had an account with MBNA.

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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I thought I had a copy of a CCA request, but I have been unable to locate one - probably on my old machine which is kaput. There doesn't seem to be a template for one... Can anyone point me to a sample?

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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Thanks,

 

I was looking in the templates library... but should've thought of looking under general debt... Doh!

 

Regards

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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