Help Please, Im Bankrupt and didnt Know!!

[42man]

They have to produce the SAR in 40 days from the date of your request, as for the agreement then they get 14 working days from the date you posted it to produce it. If the 40 calendar days is up then you will need to send a recorded delivery letter to them entitled LETTER BEFORE ACTION enclosing a copy of your original SAR request and giving them 14 days to comply.

[reallyconfused?]

Hi there 42man.

You asked if there were any adjournments.

I have read through my petition and it was presented to the court on the th in June. It was then heard in august I was made bankrupt on the same day, because I didn't attend, after the judge had read the evidence presented. It has no mention of adjournment?

 

 

Thanks

Reallyconfused?

[reallyconfused?]

i also sent the SAR to HFC.

 

im looking to send the forms to the court. can anyone help with the acual paper work, my heads gonna explode...

 

Thanks

[42man]

Have you had any paperwork at all from the CCA's or the SAR's at all ?

[reallyconfused?]

No info yet, just a letter from lowell saying they would send a CCA once they recieve it from HFC, thats all but they sent that 3 weeks ago. nothing else has come. its driving me insane.

 

Its affecting work i feel alienated, i thought it would be a good thing to get it out in the open but most people i tell eithr don't believe what im saying because its so unusual, and its never happened to anyone they know, others couldnt care less, i feel so alone. The only support im getting is on here.

 

I rang a solicitor today to ask if they could help, but no one will touch it without spending a ridiculously large sum of money, many dont deal with it as its sooo un usual.

 

The OR is looking to get a IPO from the court so thats why im trying to get things roling, as you'll more than likely be able to relate to, im at the point where im struggling, at work and at home, im missing all the moments i should be cherrishing with my baby, i constantly feel ill, sick, im really struggling to cope now.

[42man]

Believe me I know what you mean....If it was me in your position I really would wait until the 40 days for the SAR is up, how can you possibly attempt to fight this without any paperwork....I presume you have told the OR that you plan to seek annulment ?

[reallyconfused?]

i have but theyre still proceding as usual,

Theyre making me go for a second appointment next week to go over something, that needs clarrification from my first interview.

 

the OR's being very unhelpful to be honest, i donth think they like me very much. i know its not their job to be nice but theyre being very single sided.

 

i even thought about complaining but im scared it wont do me any favours as the OR could be funny in my anullment case.

[reallyconfused?]

also is it 40 working days?

[42man]

A SAR should come back to you in 40 calendar days...it is the CCA that should be returned in 12+2 working days....no need to worry, you state that you are awaiting several information requests under the data protection act before commencing with the annulment. Make sure that you tell them which alleged debts are disputed too, I know you normally have to put a big 'D' in a circle for these... Are you able to qualify for Legal Aid ?

[reallyconfused?]

not legal aid, if my boss layes me off i may be able to get it.

 

i dont think they would either, as im their only person who does what i do at work. they would find it difficult to find someone to do what i do, hense not having time to do much through the day.

 

i rang legal aid but even with the missus not getting much income were not able to claim.

 

i keep telling the OR about the dispute,

Should i send it in a formal letter?

[42man]

And the OR, will not assist you at all, they are there to do a specific job....but that's all they are doing....I would suggest that you ask them not to appoint a trustee as yet due to you going through the annulment case.....

[reallyconfused?]

i think they already have, i thought it was being done by them,

theyve already put a mark on the land registry ect so i would have thought the trustee had been appointed already?

 

i had to sign an order from the OR the other day about my tax.

 

im still trying not to sign the IPA,

 

theyve been putting pressure on me to do so

[reallyconfused?]

ive just looked throught the letters and the trustee has been appointed and is an employee of the insolvency service.

[reallyconfused?]

Still no SAR info?

[42man]

When are the 40 calendar days up ?

[reallyconfused?]

The first time I sent the request was prior to the 27 of august. I delivered this by hand. I have a letter confirming the reciept of the request. The second was sent with payment recorded mid September which the deadline would be imminent. Cca requests and reminders have also been sent both dates. I think this enough time is it not?

 

Thanks

Confused?

[reallyconfused?]

The initial letter was acknowledged 57+ days ago.

[42man]

OK....well what you must do is send a LETTER BEFORE ACTION giving them a further 14 days in which to send your information..enclose a copy of your original letter too, and a copy of the reocrded delivery slip. If they fail to send it in that 14 days, then that is when you should submit the annulling of the BR. You should not go into this without the information. If you show this to the judge that they have failed to comply with the SAR then it could go in your favour. But you have to be seen to have done everything possible to get the information.

 

There is a copy of letter before action here - http://www.consumeractiongroup.co.uk/forum/showthread.php?178660

 

Amongst your reasons for annullment will include a number of papers that will potentially be crucial...and the judge may (seeing non compliance with your SAR) allow your annullment on an 'unless' order i.e. unless they produce, the documents you have requested in a time frame the judge gives then you MAY get an annullment on that factor alone...as I said before it could depend on the judge.

[42man]

When did you send Lowells the SAR ? what exact date ?

[reallyconfused?]

pmd u

[reallyconfused?]

Had a reply from HFC saying they wasnt proof i.e.signature, passport copy and past/ present addresses before they will send me the SAR? they also say my 40 days doesnt start for them untill i send this?

 

do i need to send this level of info, or any at all?

 

These are meant to have sold a debt to the DCA who made me bankrupt so surely they should know who i am?

 

Are there any standard/ editiable letters i can reply with

[42man]

They can ask for a signature, but I suggest you put crosses through it....a copy of a utility bill will suffice, they cannot ask for a copy of your passport....

[reallyconfused?]

Lowels CCA & SAR time is up so do i send the letter before action to them even though im awaiting the sar info from HFC also.

[reallyconfused?]

They can ask for a signature, but I suggest you put crosses through it....a copy of a utility bill will suffice, they cannot ask for a copy of your passport....

 

what about the list of past addresses?

[42man]

Yes send the LBA to Lowells, the SAR to HFC is separate...and you can by all means include your past addresses too...