1st credit and bankruptcy order..please help me

[Dodgy Geezer]

Can CPR be used for Bankruptcy Cases. I thought it couldnt

 

Bankruptcy hasnt been ordered yet.

 

Just A Thought Being Its Still A Court Process

 

A very good suggestion. Can you post the link to CCA requests please.

 

havnt got any money what so ever,i wish i had,but i cannot tell my wife.

 

Have a think about funds. If you have been in your house 23 years, do you have any equity?

[tony101]

cant release any money from house,had arrears a while back,excuse me if i dont answer replies straight away as my wife is in and out of the room.thanks again to everyone who is trying to help me.

[postggj]

Bankrupcy Petition On The 9 November

 

How About Sending 1st Crud A Cca Request

 

Then We Can Show The Judge They Are In Default Of That Request

 

Throw In Assignment Notice

 

Was The Assignment Received By Registered Post To Conform With The Law Of Property Act 1925

 

Throw In A Copy Of The Default Notice

 

Judge Will Not Be To Happy On Non Compliance

 

We All Know On The Reputation Of 1st Crud And Releasing Docs

[Dodgy Geezer]

Have a read through these.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-dcas-statutory-demands-few.html

 

The Insolvency Service Website

 

I know its a lot to take in all at once, but if there is no chance of raising the funds, you must decide on a strategy of defence, or a plan of payment.

 

Bankruptcy, although not certain here, and not the end of the world, can be very expensive if you have assets like property.

 

I strongly advise you to get in and see an Insolvency Practitioner ASAP.

The meeting should be free, my 4 hours were, because they think they might get an IVA management fee out of you.

 

And if the VERY WORST were to happen, all is still not lost.

 

Fast Track Voluntary Arrangements

 

 

[ODC]

If you have no equity in the house and no other money I cannot see what Worst Credit hope to gain by making you bankrupt other than seeking to punish you. All your debts will be added together and Worst Credit will only get a percentage of what they are owed. When they take into account how much the Bankruptcy petition will cost them and bearing in mind you offered them a payment plan I can see no other reason for this petition.

[tony101]

thanks to everyone on here who is trying to help me wiyh my situation.sorry i cant get back to you all sooner,cant get on the computer as much as i liked too,shall i first request a cca of 1st credit,if yes how do i word the letter...again thankyou all very much as you have all made me feel a bit better with all your suggestions..thankyou all

[maroondevo52]

Hi, tony.

 

Here's the CCA request letter...............

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Regards.

 

Scott.

[ODC]

Make sure to send it either recorded or special delivery

[tony101]

thankyou very much.

[tony101]

hello everyone,thought i keep you updated...sent cca request on 21st october,still no reply,sent it recorded delivery,received a sort of annual statement on saturday 24th of 1st credit with a payments option,phoned 1st credit about offering a weekly payment offer,but was told to phone moorhead james,so phoned them to hear an automated service saying "if you are phoning corncerning 1st credit with a proposal of payement please send a fax or letter with your proposal".......dont know what to do,should i send a proposal or not,bankruptcy hearing is getting closer(9th november)and i am really worried..

[tony101]

hello everyone,thought i keep you updated...sent cca request on 21st october,still no reply,sent it recorded delivery,received a sort of annual statement on saturday 24th of 1st credit with a payments option,phoned 1st credit about offering a weekly payment offer,but was told to phone moorhead james,so phoned them to hear an automated service saying "if you are phoning corncerning 1st credit with a proposal of payement please send a fax or letter with your proposal".......dont know what to do,should i send a proposal or not,bankruptcy hearing is getting closer(9th november)and i am really worried.. OFT action against 1st Credit Follow this link to see the action which the OFT has taken against 1st Credit

[cerberusalert]

Surely they'll be included in your bankruptcy, so why make any offer of payment?

[tony101]

thanks for the reply,so i shouldnt send a letter with a weekly payment proposal..its just the hearings just over a week away and getting a bit worried

[maroondevo52]

Two threads merged.

 

tony101, please stick to the one thread on this subject, makes it easier for people to help you.

 

Regards.

 

Scott.

[veryweary]

If you have no equity in the house and no other money I cannot see what Worst Credit hope to gain by making you bankrupt other than seeking to punish you.

 

If 1sCredit know you have lived in your house for 23 years they will be under the impression (wrongly in your case from what you've said) that there must be a lot of equity in it for them to get their grubby hands on. They forget that people may have remortgaged up to the hilt over the years and there is no equity left.

 

How are you getting on with your preparations for this meeting?

 

 

.

[tony101]

the house was bought under a shared ownership scheme which is 50% owned by the local council,so theirs not a lot of eqiuty in the house...what paper work do i need for the hearing? sent a cca request on the 22nd by recorded delivery and i checked on the post office tracking site last night and its still in their system(bloody postal strike i guess)what do i do now?

[postggj]

hi tony

 

give me five to go over your thread

[postggj]

well i very much doubt ist crud will get any agreement by the time of the hearing

 

that will be a defence in its self

send another letter if you have not done so allready by recorded delievery

 

ask for the default notice

notice of assignment

 

lets put this back into there ball court shall we

 

a complaint about these sd needs to be made to the oft as 1st crud are on probation over this

 

as long as you have the recorded receipt, thats fine

 

let us know of any correspondants and ill let you know what to do in a weeks time

 

dont panic

 

this is going no ware

 

court is not that bad

what ever the reason

[tony101]

thankyou

[tony101]

hi everyone,6 days to go for bankruptcy hearing and getting really nervous.still havnt received my cca i requested from ist credit....can anyone tell me what to expect in court,what kind of questions the judge will ask me etc.the only piece of paperwork i have is the receipt for the cca request i sent by recorded delivery.......just need to know what to expect..thankyou.

[lilly white]

It is denied that that the Defendant can have liability to "pay" the Claimant sums of money simply on account of "requests for payment" in relation to a xxxxxxxxxxx- the only matters pleaded.

 

 

No cause of action known to English Law exists on the basis of such "requests for payment" (whether repeated or not).

 

 

 

b) Neither the Claimant being xxxxxxx which it appears (on the face of the Particulars, although due to their vagueness it is hard to know) to be being alleged were due

 

 

c) In any event, it is denied that the Defendant has or ever has had liability to pay - whomever that may be - any sum whatsoever.

 

2. It is expressly denied the Defendant is liable to pay any money pursuant to contract or otherwise to the Claimant.

 

3. Without prejudice to the above contentions, the Defendant asserts that in particular, given that the original of the liability is said to be a xxxxxxxxxxx given by " (which is a person / entity / company not known to the Defendant), it will be the case, taking into account the amount of the liability, that the transaction and the underlying agreement (if any) between xxxxxxxxxxxxxx and the Claimant would be regulated by the terms of the Consumer Credit Act 1974.

 

4. It is the express contention of the Defendant - again without prejudice to the contention that there is in fact no agreement - that any such agreement as exists does not comply with the Act. It is impossible to plead further in the absence of a pleading by the Claimant as to what the agreement was and what its terms were,

 

 

take a copy with you that is what you are saying

[lilly white]

o ya i hope its raining on your bus stop in reigate.