Connaught Collections - Bankruptcy Petition

[donzy1971]

Please help me if you can I got a letter the other week from a company called Connaught Collections with "statutory Demand under section 268(1)(a)" through the post. It appears it is some sort of Bankrupcy letter demanding money of £3k to be paid straight away.

 

I also got today a letter from the Land Register saying that some has served a bankrupcy petetion on my property.

 

What do I do worried sick, tried ringing the company on the letter but it is ringing out.

 

Thank you in advance for your help

[postggj]

hi donzy

 

to begin with

dont panic

we will get this set asside quickly

you have 18 days from receiving that letter to have it set asside

 

what was the date of the letter

do you still have the envelope

was it 1st class

2nd class

uk mail

tnt

[donzy1971]

The date on the letter was 25/04/2009 but only got it last week. Thought nothing off it until todays post came from the land register

 

I do not have any envelopes and it was posted by normal delivery not recorded or anything. Guess I am in trouble now as it has gone over the 21 days.

 

I really do not want to go to court I am already fighting a case with Link financial (might win) and can not deal with seeing the same judge again.

[postggj]

no panic

we need to have this set asside

plenty of people have had it done and connaught or 1st credit have had there wrists slapped for this practise of using the insolvency service for debt collection

 

ime sending a few pm

 

people are going to jump in as this is urgent

[postggj]

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170865-stat-demand-capquest-costs.html?highlight=stat+demand

 

have a nose

[postggj]

do you know about the 3k debt

how long since the last payment

[donzy1971]

thank you for your help so far, debt is £3.5k did not know it was such a big amount but think it was a car loan from years a go but I defaulted 2-4 years a go. Been in a right mess with finance and should of kept on top of it. Must of made a payment in the last 4 years so I can't go down statued barred route.

[donzy1971]

how do i set aside if i except the debt?

[postggj]

please tell me its a yes car or welcome loan

[donzy1971]

no sorry it was alliance and leicester taken out in july 2000

[postggj]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/199097-capquest-stat-demand.html

[donzy1971]

Some good information with cases like mine. I guess I have to ring the court on Friday to see what I do next esp regarding the land register notice.

 

Can they realy make me bankrupt for £3k?

 

Can I just also ask, if the court says I can set aside the stat demand, then on what grounds do I state? I've read some of the posts you kindly linked in, and they don't seem to apply for putting in the affidavit - i.e.don't know if its statute barred and i've not had any prior notice from connaught to issue them with a CCA/SAR

 

Thanks for your help!!

Edited July 16, 2009 by donzy1971
extra question

[postggj]

bump

[postggj]

thats your defence

no prior contact

no cca

 

get this affdavit done

take it to court and swear on it

the court will then decide

 

should be no probs

this is a common tactic from dca and the courts dont like it

 

i you sure its from the land registry that letter

 

can you post it on your thread minus personel details

 

google photo bucket

 

this is 1st crud and worst collections we are talking about

[donzy1971]

Looks like a letter from Nottingham Land register (even though i live near manchester) it asks me to the ring court and quote reference number if I have any questions on it.

 

I am unbale to upload sorry, but will do my best from work if I can

 

Thank you again for your advice

[postggj]

Get That Letter To The Court Done Asap

It Will Stop All This

 

A Report To The Oft Is Also Needed

 

We Will Do That Later

 

Just Keep Looking At The Relevent Threads But Do It Quick

 

Sd Is Not Realy My Area, Only Car Finance But Seen Enough To Know This Will Be Straight Forward And Costs Awarded To You

[donzy1971]

Ok just rang the court and they said the following which i really do not understand:

 

"

Court said an application has gone in and it states that I need to ring "John Smith Solicitors" to talk about the debt. the court says I will have to wait until papers are served on me before I can do anything to get it set aside.

 

I can not get anything put aside as no court date has been issued yet?"

 

Thank you again, Do I ring the solicitors or not?

Edited July 17, 2009 by donzy1971
identifying details removed

[postggj]

Just Reporting Your Post

 

Ill Get A Site Team Member To Have A Look

 

Hang Fire

[donzy1971]

Cheers Postggi

[toddle2u]

Somewhat confusing this with whatthe Court has said. An SD does not become part of the Court process until you applied to have it set aside.

 

However they have sated an application has been received. Are you sure they said 'application'? I would have thought they would have said claim or petition.

 

As you have not applied to have the SD set aside in the prescribed time period they could apply for a bankruptcy petition. However, I would have thought this unlikely but not out of the question. If they have this could be defended on the basis that you have never seen the SD as it was only posted and you have not admitted receiving it.

 

Alternatively they could have issued a claim form.

 

Really could do with knowing what has been issued by the Land Registry. Is it an interim charging order?

 

Due to the urgency of this I would ring the solicitors and try to get some clarity from them. Do not admit receiving the SD just say you received notice from Land Registry and rang Court as you wanted to know what was going on.

 

Let us know what they say

[donzy1971]

nope not an interim charging order "Notice of registration of banrupcy notice" says the letter from land register.

 

perhaps the court said noticve not application can ring back and check.

 

thank you for you advice.

[toddle2u]

It therefore seems that they have issued a petition for a Bankruptcy Order that has been presented to the Court but has not yet been served on you.

 

When a petition is presented the Court notifies the Land Charges Department and applies for the petition to be registered in the Land Charges register to prevent you from dispoing of assets.

 

Until the petition is actually served on you I do not believe there is anything you can do to oppose it. Until it is served you would be best to gather you information and get your case toegther as to why you will be opposing the petition.

 

If/when you get the petition dismissed you will need to apply to the Land Registry to get the bankruptcy resttriction noticee removed.

[42man]

OK...first thing to do is go to the court if you can and ask for copies of all the paperwork that has been submitted, there should be a petition, stat demand copy, an affadavit of service from a process server, if this has been granted......you'll have to pay a small amount for the copying !! Secondly get a CCA request out to Connaught immediately.....

[donzy1971]

Thanks so much to you all for your help and information.

 

So to confirm, I should just wait for the petition to be served on me?

 

In the meantime, should I get a CCA/SAR request sent off to Connaught/1st Credit?

 

I didn't have time to set aside the original statutory demand as I wasn't living in my house at the time it was sent and didn't get it in time, I was looking after my girlfriend who'd had surgery and needed "live in" help from me for a couple of months (she lives 35miles away). Should I put this information down when I oppose the petition - I can supply hospital details to confirm this was the case?

 

How serious is this now they've applied for a petition? Is it what they normally do and should I start worrying at all? Is there still the opporutnity to get it overturned when I submit my opposition?

 

Again, thanks to you all, you don't know how much you've helped already

[42man]

If a petition is going to be issued then there should be an affadavit submitted which said they had made every reasonable attempt to serve it personally on you...... please have a look here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/154693-1st-credit-connaught-bankruptcy-2.html