They will make her bankrupt for 4000 pounds, help please.

[beaconsman]

hi, hope someone can help as my wife is upstairs crying. She has tried to sort out a debt via the dca,,,just offered them £50 and they have declined then they said they were going to file for her bankruptcy. it was hamptons. they want 1100 pounds, or they will make her bankrupt for 4000 pounds. they want 1100 interim charging order ont he house to guarantee 50 a week?..she last made a payment in 2008 as she couldnt afford anymore.

[BelstarBomb]

Beaconsman,

 

Firstly, tell your wife there is no need to cry.

 

When you are armed with all the facts it helps you to see the whole picture far more clearly.

 

First things first, please start your own thread - you will see above this post how to do that.

 

Then tell us the whole story.

 

What type of agreement is it? Credit card, overdraft, unsecured or secured loan?

 

When was it taken out?

 

Has she spoken to the CAB or CCCS?

 

Give us the details and someone will be able to advise you.

 

Bel

[beaconsman]

hi. ok..

1. credit card (goldfish) (£4000)

2. credit card was gained in 2000

3. made only 1 payment in 2008 under duress (£110)

4. they say it is too late to do a SAR

[diddydicky]

subbing (got to go out)

[BelstarBomb]

Beaconsman,

 

Start your own thread as it will be easier to give advice specific to you and your wife's problems.

 

In short, it is never too late to do a SAR. That is your legal right and they are talking out of their bottoms.

 

Do one straight away if only to give you a bit of breathing space as once you are waiting for that, you can tell DCA where to go albeit temporarily. Tell the DCA IN WRITING that you will not communicate with them about this until your legal request has been fulfilled in full. Send it Special Delivery to Goldfish and for good meausre, include a copy of it with your letter to the DCA.

 

Goldfish was/is part of HFC/HSBC who have decided to put the size 10 Doc Martins on with their collections and the reaction that they got with your wife is exactly what they want. I take it you have probably spoken to Metropolitan?

 

Is this the only credit card or are there other outstanding credit agreeements?

 

Bel.

 

PS. Start your own thread!

[dx100uk]

hi, hope someone can help as my wife is upstairs crying. She has tried to sort out a debt via the dca,,,just offered them £50 and they have declined then they said they were going to file for her bankruptcy. it was hamptons. they want 1100 pounds, or they will make her bankrupt for 4000 pounds. they want 1100 interim charging order ont he house to guarantee 50 a week?..she last made a payment in 2008 as she couldnt afford anymore.

 

simple, STOP USING THE DARN PHONE TO TALK TO DCA'S!

 

No.1. golden Rule.

 

2nd is ITS STATUTE BARRED

 

totally ignore them

 

it reads like she has made no in/out monetary transaction in six years if this is true then you have no worries

 

nasty little people.

 

dx

[BelstarBomb]

Beaconsman,

 

Other than the payment your wife made in 2008 of £110 when was the last time she made a payment to the credit card?

 

Bel

[beaconsman]

one was made in 2004 and the next in 2008..thats y we thought it wasnt statute barred because my wife agreed a silly amount before we got wise to these cretins, she has had an interim order throught he post dated 18th Nov..she got off the phone and cried they were gonna bankcrupt her, they want me to agree to the charging order on our hoe as she failed to keep to her payments in 2008, she called them not me by the way...its hamptons. they have asked for 1100 now or else,..basically...have said they will make her bankcrupt on the fone...

Edited December 9, 2009 by beaconsman
mistake

[dx100uk]

ok well you need to separate FACT [written] from FICTION [lies they tell on the phone]

 

what you prob got was a std DCA threat-o-gram.

it would be nice if you could scan it up and post it via photobucket [remove pers info]

 

now, who did you pay too in 2004 i'm gonna guess hapmtons know nothing abbout this, so there would have been a 6yrs period where NO money In/OUT existed [if we forget about the 2004 one?]

if so i'd pull the statute barred string.

its for them to PROVE it is not, not you to prove it is.

 

you cannot UNBAR a debt, so if hampton know nothing about the 2004 payment [which i doubt they do] you're home and dry.

 

now i think we need to get this moved to the debt or legal forum.

 

i'll ask one of the site team to do it.

 

dx

[maroondevo52]

Posts moved to start new thread.

[42man]

You say they have a CCJ already for this ? or have they sent a court claim ?

 

If they are refusing to accept the offer then they are being UNREASONABLE. You have had some good advice above....They will attempt to scare you/your wife into paying. First things first send this agreement request by recorded delivery (enclose a £1 postal order).... - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter This needs to go to whoever owns the debt now - They are out of order to not accept your offer...this is against the OFT's guidelines...please report them.

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so

[beaconsman]

HI, they ahve given her until tyomorrow evening to sort it out, and basically want me to agree to a chargi9ng order to the house of 1100 then 50 a month...my wife and i arent exactly on speaking terms at the moment becasue of this...i do not want a charging order on the house..it is jointly owned..we hardly made any miney on the sale of our last house and dont want to go down the saem route, we came out with about £3000 and this went on a rewire of our new home! Can wwe sendan SAR and ill tell her not to call them on the fone..

[ScarletPimpernel]

Id do the following:

 

1. Send a CCA request to Hamptons

2. Send a SAR to the original creditor

 

It's essential that your wife does not speak to these creatures on the phone. If they call, you answer it - tell them to put whatever they have to say in writing, and hang up.

[42man]

Do they already have a County Court Judgment on this ?

[beaconsman]

I believe they have sent a court claim to my wife. She is scared about this and is crying after work..making us both stressed and unhappy in what should be a nice time for us at xmas. Tried getting in touch with cccs but they hung up oin us last night after bring on hold for ten mins..

 

ok, we can send the cca tomorrow, she has been asked to call back tomorrow night with my permission to put the order on our home..i am still refusing to let them bully us..she says i rely on this forum to much! I have found it invaluable and thank every1 for the advice so far..my wife is a bit stressed..

[Bazooka Boo]

ok, we can send the cca tomorrow

 

No try and send it today if you can, first class recorded delivery, they will have it by tomorrow.

[42man]

OK....can you post up the Particulars Of The Claim (on the claim form).....you have to acknowledge receipt of the claim within 14 days of the date on the claim form. If you wish to defend all then you would state that, in which case you would have a further 14+3 days in which to submit a defence...the next step is to order via the Civil Procedure Rules copuies of the agreement, default notice termination and assignment....(if it states this on the claim form).....you should also spend a bit of time reading around these forums too.....

[beaconsman]

the claim is dated 18th nov and she hasnt done anything until she called earlier in the week, i cant send the cca off till tomorrow as i havent got the details with me, i am doing it on behalf of her as she is busy in work.

[42man]

ok first things first....have a read of this too - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

[42man]

I presume you haven't acknowledged receipt of the claim yet....

[beaconsman]

no we havent, unless my wife has, i need to talk to her tonioght as its difficult texting whilst at work, she has a good job is afraid if she is bankrupt, then she will lose her job..

[ODC]

They just cannot make her bankrupt as quick as that. You really need to post a copy of what they actually sent her (minus personal details) and you will get excellent advice on dealing with these parasitic threat monkeys.

[Bazooka Boo]

*BB Waves @ MoneyOne (DMC Troll)*

[citizenB]

OK....can you post up the Particulars Of The Claim (on the claim form).....you have to acknowledge receipt of the claim within 14 days of the date on the claim form. If you wish to defend all then you would state that, in which case you would have a further 14+3 days in which to submit a defence...the next step is to order via the Civil Procedure Rules copuies of the agreement, default notice termination and assignment....(if it states this on the claim form).....you should also spend a bit of time reading around these forums too.....

 

Hi,

 

You need to move swiftly not least you should have acknowledged service of the claim by now I think.

 

Assuming this has been issued out of the Northampton Bulk Processing centre .....

 

Date of isse 18th November (you get 5 days allowance for service) that makes it 23rd November. 14 days from then to acknowledge service. Which was 7th December. You would then get a further 14 days to enter a defence.

 

If it was issued from a local court then all those dates would be moved back by 2 days as you will only have been given 3 days for service.

 

BRB

[citizenB]

We need to know what is on the particulars of claim..

 

You wil find what they are claiming for on the left hand side of the form.

 

This will be in small claims as it is only for £4,000.

 

As already advised you must act swiftly else the company will get a judgement by default. Which you would then need to get set aside.

 

Get the requests for information :

 

CCA request,

 

[/url]

Subject Access Request

 

 

and CPR31.14 letters out immediately.

 

 

Read carefully, and make amendments where necessary

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

 

We can help you put in a holding defence, but we need to know what the Particulars of claim say.