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natalie

Is Bankruptcy the answer?

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My ex-husband has been adviced by a "financial adviser" (I think its more likely to be someone from a DMA) to file for bankruptcy.

 

 

He is about £28k in debt (all unsecured) and has a shared ownership of a house (with negative equity).

 

He has a failed IVA and has foolishly been involved with a couple of DMA who have basically ripped him off.

 

I have given him all the letters etc to first of all ask for CCAs, and also a SAR to the DMA who havent returned any of his paperwork (statements, letters from creditors).

 

He told this "financial advisor" what I had suggested and was told that he would still be better off going bankrupt.

 

I dont really know enough about bankruptcy to have a clue about the advantages, but I would have thought that trying the CCA route, and just seeing what DNs and TNs he has got would be worth doing first.

 

Obviously I dont want to give him bad advice, and if bankruptcy is the best option for him then please say, but surely other options should be explored first.


If you find my post helpful please click on the scales at the top. Thank you

FAQ SECTION HERE

 

Halifax Bank Claim filed and settled

Halifax Credit Card settled

Argos Store Card settled

 

CCA requests sent to

Halifax Credit Card

LLoyds TSB Credit Card

Capital One

Moorcroft (Argos)

NDR

18/06/09

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Your ex-husband can get good advice re: BR from nationaldebtline.


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I would try the CCA route. £28000 is in the region of the average household debt. Two years ago I was £48000 in debt and was paying it until a DCA got greedy and that was it - no one got another penny after I CCAd the lot. I am now debt free after a few tussles with the DCAs. I learned more and more as I went along and got loads of advice here. It does take up a lot of time and you have to stick out the hassle but certainly for me it was more than worth it.

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You might want to get your ex to send them this ( only to debt collectors/solicitors though) not to a "Principal" "creditor" though. There is another letter i have available you would need to send to them

 

 

 

in Care of:

Your address

Your address

Near: Your post code

 

Name

Address

post code

Of the DCA

 

 

Today’s date

Notice of Request to Cease Harassment

 

Your Reference Number: 123456789

 

Dear ???????,

 

Please read the following notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.

 

I refer to your letter dated (date)

 

I feel this matter is serious and wish to deal with it in writing.

As you are a third party intervener in this matter acting without authority, I DO NOT give you permission to interfere in my commercial affairs as you have no legal standing. I do not have a contract with you and any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired, and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn.

 

I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. And I believe, should you continue in contacting me after my request for you to cease your activity, that you will be guilty of harassment and blackmail, and you will be in breach of these acts, and you will be reported to the relevant bodies.

 

I am well aware of Section 40, sub-section (3) which you may consider entitles you to proceed. However upon full commercial liability and penalty of perjury you will need to supply the following Proofs of Claims:

 

1. Proof of Claim that your actions are reasonable.

 

2. Proof of Claim that any obligation on my part is due, or believed by you to be due to you, and not to some other party.

 

3a. Proof of Claim that any obligation on my part is to yourself by providing sight of the appropriate contract, or

 

3b. Proof of Claim that any obligation on my part to persons for whom you act by providing sight of the appropriate contract.

 

4. Proof of Claim that any obligation on my part protects you from any future loss.

 

5. Proof of Claim that any obligation on my part is enforcement of a legal process on a Human Being under Common Law jurisdiction, who cannot possibly have such liability under said jurisdiction.

 

6. A hand signed invoice in accordance with The Bills of Exchange Act 1882

 

You would of course need to provide these Proofs, including showing full accounting, if you choose to go to law.

 

Please provide sufficient evidence within ten (10) days from the above date,

Should you provide that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

 

Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer, you will be held culpable; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

 

You will be deemed to have been served notice of my request and I will deem it served three(3) days from the date of this letter. This has been sent by recorded delivery. I am advising you that any communications from you including but not limited to letter, phone calls and text messages received after this date will be recorded/noted with the intention of them being used as evidence.

 

Sincerely and without ill will, vexation or frivolity

 

 

By: XXX-YYY :of the ZZZZ family

 

Authorised Representative All Natural Inalienable Rights Reserved.

 

-----------

notes on this Doc... the bits in red are important to you, send exactly as is, read below

 

Do Not sign this letter, there is no need to sign anything that is not a contract

 

 

At the bottom of the document if your name is John Smith

You print John:of the Smith family

 

if your name is John Martin Smith

Your print John-Martin: of the Smith Family

 

Use uppercase/lowercase exactly as on the document for the RED sections.

 

also look at the address section in RED

 

the "In Care of:" your address

 

"Near" your postcode

are important also


[sIGPIC][/sIGPIC]....Please don't bother my master 'cos my sister & I might bite you...

 

I DO NOT offer legal advice

-

"I just say what I say because everyone is entitled to my opinion!"

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