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    • If it came from northampton yes.....and yes a copy to the claimants solicitor..do 3 copies ...Court solicitor and your file.   Your Local Court because you are the litigant in the claim against a company.   Andy
    • Thanks HB, much appreciated. Although not prison is a criminal record likely or is it typically a fine?    Yes, first offence.    Does the process take long, just wondering I long I can expect this to hang over me. 
    • So we see the two large and swift Sea level rises  with the earlier one bang on the nose datewise   We see the layout of the world around the straights and Azores circa 10,000 bce   So what else are we looking for   A 'nesos' larger than Libya and Asia   Large fertile plain with a small 'mountain' "Bordering on the sea and extending through the center of the whole island there was a plain, which is said to have been the fairest of all plains and highly fertile; and, moreover, near the plain, over against its center, at a distance of about 50 stades, there stood a mountain that was low on all sides " " all those sweet-scented stuffs which the earth produces now, whether made of roots or herbs or trees, or of liquid gums derived from flowers or fruits. The cultivated fruit [i.e., of the vine] also, and the dry [i.e., corn], which serves us for nutriment, and all the other kinds that we use for our meals--the various species of which are comprehended under the name ‘vegetables’--and all the produce of trees"   Elephants/mammoths - Lots of animals (migration path) " n abundance all the timbers that a forest provides for the labors of carpenters; and of animals it produced a sufficiency, both of tame and wild. Moreover, it contained a very large stock of elephants; for there was an ample food-supply not only for all the other animals which haunt the marshes and lakes and rivers, or the mountains or the plains, but likewise also for this animal, which of its nature is the largest and most voracious. "         Atlas' siblings realm was Facing  Cadiz 'toward' the straights " when he had divided all the island of Atlantis into ten portions, he assigned to the first-born of the eldest sons his mother's dwelling and the allotment surrounding it, which was the largest and best; and him he appointed to be king over the rest, and the others to be rulers, granting to each the rule over many men and a large tract of country. And to all of them he gave names, giving to him that was eldest and king the name after which the whole island was called and the sea spoken of as the Atlantic, because the first king who then reigned had the name of Atlas. And the name of his younger twin-brother, who had for his portion the extremity of the island near the pillars of Herakles up to the part of the country now called Gadeira after the name of that region "     Copper and gold mines the island itself furnished most of the requirements of daily life,--metals, to begin with, both the hard kind and the fusible kind, which are extracted by mining, and also that kind which is now known only by name but was more than a name then, there being mines of it in many places of the island,--I mean orikhalkon (mountain-copper)     autokhthones -       * So its not likely to be a purely coastal area such as the sunken lands off Cadiz are likely to have been   * Its away from the straights past the Gaderius realm   * It has a large plain which seems to be on a migratory path including elephants/mammoths (viable until ... circa 11,000bce)   * It has extensive woods/forests   * It has mines for copper and gold at least          
    • This is a very common situation I'm afraid and the reason why a visit would need to be made (before a payment proposal could be accepted) is outlined under Item 7.3 of the Explanatory Memorandum supporting the Taking Control of Goods Fees Regulations 2014 which states as follows:     http://www.legislation.gov.uk/uksi/2014/1/pdfs/uksiem_20140001_en.pdf      
    • and what reason should i give for choosing my local county court in question D1?
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stebabs

1st credit Stat Demand Threat - Urgent ** WON **

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Hi I have received several calls from this company and letters asking for a dept to be paid that is over 6 years old, the debt was taken out in my husbands name but they are saying as a joint house holder they can pursue me for the debt. I asked if I could set up a payment plan and they refused saying they will be making me bankrupt and I will lose my house, the debt is for 2K. I then received a statutory demand through the post This was dated 06/11/08. Today I have received a letter from a company call phoenic claims consultants saying they have been directed to serve me with a Bankruptcy order dated 30 December issued under the insolvency act and issued by 1st credit and that they want to attend at my home on 19 January at 09.30 for the purpose of serving the bankruptcy petition and that if I fail to attend the appointment an application will be made to the court for an order of substituted service by way of advertisement in the daily press.

Can anyone advise what I should do.

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Hi there, I have moved your thread to the Debt Collection Forum and changed the title in order for you to attract attention. Someone with 1st Credit/Stat demand experience will be along soon.

 

Ell-enn


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I am no legal person by any means, but holding one person to ransom over anothers debt just doesn't sound right to me.

 

 

Did you act as guarantor or was it a joint application ?

 

 

If not i do not see how they can do this:mad:


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You really shouldn't be speaking to these people at all. Insist on everything in writing, if they ring you, decline to answer any security questions.

 

Now, this alleged debt. What is it, loan/cc, secured/unsecured, in your husbands name presumably, when was it taken out ?, daft question but why are they discussing it with you and not he ?.

 

When was the alleged debt last acknowledged either in writing or by making a payment ?, it it was over 6 years ago then it is statute barred, end of story.

 

Have you CCA'd them yet, if not, do so, letter N in the templates section, make it crystal clear the £1 POSTAL ORDER is for the CCA, not for the alleged debt (thus setting the clock ticking again). Don't sign letter N, print name only. Never heard of Phoenic Claims Consultants (anyone ???).

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have you rec'd any court documents at all, other than the statutory demand?

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Can you make it clear please if you OR your husband have definitely NOT made a payment in the last 6 years or acknowledged this (5 years in Scotland).....If so then this will be defended quite easily. You are outside the 18 days for the defence of the stat demand, you could submit the stat demand out of time if you pay I think a £35 fee. However even at a BR hearing my feeling is that you would be able to set this aside....is it possible you can scan up the demand and the last letter from Phoenix (minus the personal details).....I have to say that this is totally against the CPUTR and the OFT guideline. Do you know who the alleged original creditor is ? We can definitely help....


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Hi

Thank you for your replies. The debt was orignally a car loan agreement financed by the Halifax that my husband took out, it was taken out more than 6 years ago and was unsecured, we have not made a payment for about 8 years. they have never tried to contact my husband at all by letter or phone he still lives with me. I have only dealt with them on the phone and I haven't put anything in writing. When they first made contact with me I told them the debt was my husbands and not mine but they have said that because we are joint owners of the property they can pursue me for the money. When they sent the statutory demand because it scared me I rang them to see if I could set up a payment plan because I am worried about losing my property, they flatly refused saying unless I make the full payment I will definately lose my property. I haven't received any legal documents except the stat demand which I have scanned for you no other documents were included or letters. I have scanned the letter from Phoenix for you. I have not CCA'd them yet. What should I do about the appointment on Monday, I definately wont be home so should I ring and make another appointment to buy some time or just ignore it. Thanks for any help you can give me I am at my wits end!

Pheonix.doc

Stat demand.doc

Edited by stebabs

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Hi there, thanks for the info. Please don't do anything until 42man is back on line and can take a look at the documents. Try not to worry too much, I'm sure you'll get the advice you need.

 

Ell-enn


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You have left some reference numbers on the 1stC SD document which you should remove.

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Thanks cymruambyth I have removed the references.

Another piece of information I would like to add is they refused to let me speak to Mr Silcock saying that he doesn't take calls he just files the bankrupcy orders.

Can anyone advise is it legal for them to refuse to talk to my husband about this as this was his debt not mine, whenever they have phoned in the past and my husband has gone on the phone they refuse to speak to him and hang up, because they are very intimidating with me on the phone and have scared me I have changed my telephone number and gone ex directory so they can no longer contact me. I didn't apply to have the stat demand set aside because I cannot afford a solicitor.

Have they breached dpa at all by disclosing my husbands debt to me?

Can someone please advise urgently what I should do about the appointment on monday, I am more scared of the man that will be coming to see me than I am about going to court, I don't like any kind of confrontation, if he is simply going to hand me a letter and go that would be okay but from my past experiences with them I don't think it will be that simple. My husband is saying that he will wait outside the house for him and refuse to let them in or speak to me and insist they deal with him can he do that, I am getting really scared that there is going to be a huge confrontation outside my house on monday. I think the reason they are pursuing me is because it is easier to bully a woman in her fifties than a man. To be honest if I had the money I would just give to them and get it over with.

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Stebabs, your personal info is still showing on the SD document. I'd also remove the writing at the top of it ;)

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Stebads it CERTAINLY is wrong to not let your husband speak to the Cretin who issued the demand. This in itself would be a good reason to have got this set aside. Make sure you have a note of dates and times you called Silcock. Hopefully 42 man will be back shortly with more advice. In the meantime do not worry too much. If the alleged debt is Statute Barred then you will have a good defence against the bankruptcy petition and will probably be able to claim costs etc of these mongrels.


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I have googled Phoenix on the web and they appear to be an insurance company, the letter says if I fail to attend the above appointment an application will be made to the court for an order of substituted service of the said bankruptcy petition by way of ADVERTISEMENT IN THE DAILY PRESS or in such a manner as the court may direct. What does this mean exactly! Will my bankruptcy be advertised for all to see!

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Hi there, I know this is a terribly stressful time for you, and each time you read these documents you will find it more worrying. Put them to one side for a little while - I know when 42man is back on line he will be able to give you the best advice and all the rest of us will support you all the way.

 

Your situation does seem retrievable as there are so many things they have done wrong along the way.

 

Ell-enn


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Mr D Silcock strikes again eh?

 

This guy is as hard to contact as Ellie Renshaw, the famous Capital One ERC manager,

 

If the debt hasnt been paid for over 6 years then its statute barred and that is an absolute defence to any petition for bankruptcy.

 

I have a case running at the mo which i cannot say too much about but suffice to say the press, the OFT and Gareth Thomas will all hear about the out come when we have finished as our client wants to nail them to the floor

 

as Ell-enn says, wait till 42man comes back online, and please try not to worry i know its easy to say but this situation is very recoverable

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Thanks cymruambyth I have removed the references.

Another piece of information I would like to add is they refused to let me speak to Mr Silcock saying that he doesn't take calls he just files the bankrupcy orders.

 

Can you record a phonecall with them saying that? If the person named on the statutory demand for you to contact cannot be then that is grounds for the statutory demand to be non compliant.

 

 

Can someone please advise urgently what I should do about the appointment on monday, I am more scared of the man that will be coming to see me than I am about going to court, I don't like any kind of confrontation, if he is simply going to hand me a letter and go that would be okay but from my past experiences with them I don't think it will be that simple. My husband is saying that he will wait outside the house for him and refuse to let them in or speak to me and insist they deal with him can he do that, I am getting really scared that there is going to be a huge confrontation outside my house on monday. I think the reason they are pursuing me is because it is easier to bully a woman in her fifties than a man. To be honest if I had the money I would just give to them and get it over with.

 

 

See above. Try not to panic................

 

 

Can you please clarify for me:

 

Whose name was the loan agreement in?

Who is the Statutory demand addressed to? (i.e you or your husband)

Date last payment made on the debt.

Who is the Phoenix letter addressed to?


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Loan agreement in my husbands name

statutory demand addressed to me

Can't recall exactly the date last payment made my husband thinks it was about 8 years ago to the halifax

letter addressed to me

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some good news just rang pheonix and they have agreed to post the documents and not come round tomorrow to my house

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some good news just rang pheonix and they have agreed to post the documents and not come round tomorrow to my house

That's a start Stebabs. :) xx


We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Hi

Thank you for your replies. The debt was orignally a car loan agreement financed by the Halifax that my husband took out, it was taken out more than 6 years ago and was unsecured, we have not made a payment for about 8 years. they have never tried to contact my husband at all by letter or phone he still lives with me. I have only dealt with them on the phone and I haven't put anything in writing. When they first made contact with me I told them the debt was my husbands and not mine but they have said that because we are joint owners of the property they can pursue me for the money. When they sent the statutory demand because it scared me I rang them to see if I could set up a payment plan because I am worried about losing my property, they flatly refused saying unless I make the full payment I will definately lose my property. I haven't received any legal documents except the stat demand which I have scanned for you no other documents were included or letters. I have scanned the letter from Phoenix for you. I have not CCA'd them yet. What should I do about the appointment on Monday, I definately wont be home so should I ring and make another appointment to buy some time or just ignore it. Thanks for any help you can give me I am at my wits end!

I hope the Sunday Times is reading this.


We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Loan agreement in my husbands name

statutory demand addressed to me

Can't recall exactly the date last payment made my husband thinks it was about 8 years ago to the halifax

letter addressed to me

 

 

Then relas

 

1. The loan agreement isn't in your name and you can't be held liable for your husbands debt (unless you personally guaranteed it)

 

2. It's time barred under the Statute of Limitations.

 

They will not be able to get a bankruptcy order against you.

 

The can't serve it through the post either. It has to be personally served or they have to make an application to court to allow an alternative means of service such as post or advertising.............


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Please shout if they do decide to post a petition to you, and try not to worry. As has been said before the debt is barred by the statute of limitations act, and you are not responsible for your husbands debt. It will cost them a significant amount to file papers for bankruptcy for a case they will surely lose !!!


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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worth having it set aside to have fun with costs?

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I have just received a bankruptcy petiton through the post saying I need to complete form 6.19 specifiying the grounds on which I object to the making of a bankruptcy order! The court date is of 18 March! can anyone help with where I can get the form and what I should put as the grounds

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