Bankruptcy order from 1st Credit\Connaught Collections

[Penfold1972]

Hi, I know I've probably left things late but I need some advise urgently.

 

I have an outstanding debt for which I have now been served a bankruptcy order from 1st Credit\Connaught Collections. The hearing is on 8th June so I have very little time to get prepared. I've been reading a few of the threads on here which deal with the afore mentioned companies but tbh I'm more confused than ever!

 

Things I know: I need to oppose the order using form 6.19

I need to request a CCA

 

Things I need advise on:

what reasons can I give to oppose the order?

How do I word that?

I'm on medication to treat depression, can this be used?

Does the 6.19 form need to be posted or hand delivered to the court?

How do I go about requesting the CCA and who should I ask 1st Credit or Connaught?

 

Any advise will be gratefully recieved. Thanks

[harrassed senior]

When Court Action is threatened we usually suggest the LBA.

 

But this will go way beyond that.

 

Could we know what and with who the debt is. My own thoughts would be to apply for the CCA as a matter of urgency tomorrow. This goes to the DCA acting for the OC.

[Penfold1972]

The Debt is for a loan. The debt was passed onto Connaught Collections but 1st Credit are the 'people' who are making the Statutory demands and Bankruptcy proceedings.

[harrassed senior]

You have had a Statutory Demand, did you set it aside, and when was the loan taken out and from whom.

[gyos]

Do you dispute the debt/amount at all?

[Penfold1972]

HS - I have had a SD and was advised (rightly or wrongly by a relative) NOt to set it aside. The original loan was from CitiFinancial. Believe it's from January 2008

 

Gyos - I don't dispute the amount

[Guest Cartaphilus]

and was advised (rightly or wrongly by a relative) NOt to set it aside.

 

Why?

[twofoot]

If there is likelyhood that they would get their money back they will go through with it otherwise it's unlikely I would have thought. It costs lots to make you bankrupt. The SD should have been set aside. May seem cynical but it seems from what you have said that you have a lot to lose so why not pay up in some way, you say you do not dispute the debt. I can't help with fighting a bankruptsey or I would, even though I do think there is more to this than you are letting on. A CCA from 2008 is unlikely to save you but I would still request it.

[Penfold1972]

Why?

 

They have been through similar things and advised it. I wasn't able at that time to pay the debt in full and as it wasn't secured loan in the first place wasn't prepared to put security on it.

[ScarletPimpernel]

Connaught are part of 1st Credit, by the way.

[gyos]

Do you have property or assets to protect?

 

Would your job be affected by bankruptcy?

 

Do you have other debts you cannot pay?

 

Very roughly, how much are 1st Credit after?

[Guest Cartaphilus]

They have been through similar things and advised it.

 

I see. Though being made BR and doing it voluntarily is different in each individuals situation ie no two are the same in what may happen. You may already know this if a relative has gone through it before.

[Penfold1972]

Connaught are part of 1st Credit, by the way.

 

Thought as much:(

 

I've had a few other debt issues in the past, some jointly with my wife, but this is the first time it's got this far. There are some mitigating circumstances (i.e. my depression which basically had me ignoring anything and everyone) but I have offered monthly repayments.

[Penfold1972]

Do you have property or assets to protect? the loan was unsecured but the only asset I have is my house. The car isn't worth the amount that is owed

 

Would your job be affected by bankruptcy? No sure

 

Do you have other debts you cannot pay? We have other debts but my wife has been negotiating these and we have pp in place

 

Very roughly, how much are 1st Credit after?

less than £5.5k

[Penfold1972]

I see. Though being made BR and doing it voluntarily is different in each individuals situation ie no two are the same in what may happen. You may already know this if a relative has gone through it before.

 

It was a business that was made BR about 20 years ago, but they have a lot of experience with mortgage debts etc etc. Sound bad I know but they've coped and are still living in the same house etc etc.

[Penfold1972]

Would your job be affected by bankruptcy?

 

 

I work in the banking sector (ironically, although not in a customer facing role), could bankrupty cause me to loose my job?

[Jasper1965]

There's a nice piece about SD's here, hopefully you will find some pointers in there. eg. did they attempt to serve it in person? Were you able to contact the named person? Can they prove they own it and were default notices etc. issued correctly?

 

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

[Penfold1972]

There's a nice piece about SD's here, hopefully you will find some pointers in there. eg. did they attempt to serve it in person? Were you able to contact the named person? Can they prove they own it and were default notices etc. issued correctly?

 

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

 

Thanks for this.....

 

The SD wasn't sent via the Royal Mail and the BR order was delivered by hand on a Sunday by a bloke claiming to have driven from London.

I have written on a few occasion in order to resolve this and contacted 1st Direct by phone when the BR was issued to try to set a pp up with them but was told it was too late.

[Jasper1965]

Right so the SD and BR were both served correctly then.

 

Have you forwarded your CCA request yet? tbh a copy should be enclosed in their bundle and the original available in Court as this document is the foundation of their case.

 

I would be asking for the following:

 

CCA request. ASAP if not already.

Copies of any default notice/termination notices issued.

Notice of assignment.

Push for deed of assignment.

Statements of account showing all/any charges applied.

Was there any PPI sold with the loan?

Have the DCA added any charges after purchase/assignment?

 

Were there any valid reasons why you might have been able to apply for the SD to be set aside?

[42man]

Ok....I presume this is Moorhead James, you have got to move quickly, firstly you need to get to the court asap, and get all the documents in the file, (the court will charge you a small copying fee) your form 6.19 must be with the court 7 days before the hearing and you will need to send a copy of this (along with an affadavit and any witness statements and accompanying documents) to the opposing solicitors... how long ago was the stat demand delivered ? check that whoever delivered the demand also has a licence ? In the court files there must be an affadavit stating how the demand was served. you need to check the paperwork very carefully. Did you ever receive a default notice and a subsequent termination notice for this debt ? Are there names and phone numbers on the demand and petition ? is it signed ? Was there any PPI on the loan. And yes a CCA request, along with a SAR to the original creditor would be a good idea.

[42man]

How was the petition delivered to you ?

 

The reasons for dismissing the set aside could be.

 

An abuse of the process, for example the process server is not registered by the OFT, or there is no affadavit of service by the server.

 

Non production of the agreement (send out the CCA request to both 1st Credit and the original creditor)

 

No default notice in the prescribed form

 

No notice of assignment, i.e. it was incapable of being assigned.

Missold PPI

[42man]

How was the SD served ?

[42man]

If the SD was simply posted as opposed to being delivered by hand directly to you then in order to allow postal service a process server would have had to make every reasonable effort to serve it personally on you, if it was simply posted to you then the process server would have to file an affadavit stating that he/she had tried on XXX day and date to deliver by hand without any success....

 

Have a read here - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/230330-bankruptcy-petition-costs.html

[42man]

I'm also moving this thread to the legal forum...

[gyos]

Petition opposed by debtor

 

Where the debtor intends to oppose the petition, he shall not later than 5 business before the day fixed for the hearing—

(a) file in court a notice specifying the grounds on which he will object to the making of a bankruptcy order, and

(b) send a copy of the notice to the petitioning creditor or his solicitor.

I make that Tues 1st June?