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[fieldsy]

hi,

 

am hoping someone can help me with advice. About a month ago a man visited my home whilst I was at work, he then phoned my mobile and left a message, whilst retrieving the message 'saying he needed to see me urgently and was on his way to my place of work', I got another message, 'I am only 1 mile away now you must ring me'

 

so I phoned this guy, he said he was a mortgage advisor and he had some papers for me, I asked what they were for and he said said he thinks they are bankruptcy for a credit card debt from MBNA. I told him I had never had any dealings with MBNA, and I did not wish to meet him.

 

A week later I got a message on my phone, that said, "we are preparing court papers you must contact us immediately", but no name, no contact number and a withheld number.

 

Yesterday I got a bankruptcy hearing letter and some court papers.

 

The letter says there is a £2400 debt to HBOS (not MBNA anymore), the name of the person is spelt incorrectly, the papers state they served me with a statutory demand (?) in June (they did not, yesterdays letter and documents were the first I have received). I have sent a recorded letter requesting proof of the debt.

 

I phoned the court, they say an affadvit was sworn that I had been served with this demand, how can this be, can these people just make stuff up?

 

Is there anything else I can do? The court chap who deals with it is off until next week, is it worth plotting up there on his return and pointing out the problems/errors? Also it says they should send the paperwork within 2 days, but they sent it after 11 days.

[palomino]

This one sounds like it's going to be bit awkward. Sworn affidavits are pretty powerful stuff so you need to deal with it promptly and effectively.

 

You can swear one yourself to the effect that you never received any such Statutory Demand. Ask the court for guidance on this or check one of you local solicitors.

 

But first ask if you can have a copy of the affidavit lodged with the court. There may be a clue there.

[citizenB]

fieldsy, the link below might help.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

 

[42man]

What you must do is ring or visit the court to get copies of all the paperwork on the file......they will charge you a small amount for copying fees. Have you sent off a CCA request ? and have you requested a SAR from them ? Do have a read of this thread here - http://www.consumeractiongroup.co.uk/forum/sanctum/160991-bankruptcy-petition-defence.html - you need to scrutinise if they had actually served the stat demand and what the affadavit from the process server says.....

[42man]

What is the account for ? Is the name spelt radically different to yours ?