Stressed to the max by bankruptcy order re: unproven debt

[JunkiMunki]

:mad2:

Hi Everyone

here's hoping the advice I desperately need is quick and correct, in 2002 had been customers of a loan finance company whereby we had had a few loans over a period of 2/3 years having smallish loans from them , which was always paid back thru direct debit each month never missing a payment.

 

In March 2002 my old bank offered me a sizeable loan over a period of 4 years this was a loan in my name only and was guaranteed by way of continuig health related benefits paid directly into our account and had been for the previous 5 years.

 

I received the monies straight into my account and had told the bank some of the monies was for a loan consolidation and payment in full, as I did not want to be paying 2/3 companies simpler to pay just one company and settle the costlier company, I settled all monies owing to the company 2 weeks later[ verification thru requested bank statements due to bank charges case which I won in 2007 approx £4,000 thanx to the advice within this site].

 

At the beginning of 2005 I received a telephone call from 1st Credit Ltd for my OH, upon our conversation I was told that my OH was owing monies to them after they took over another companies debts, I told them that they were incorrect in this as I had settled our account in full with them in March 2002 by way of a cheque [bank statement]so knew that this was incorrect and also the amount being requested by 1st Credit Ltd was greater than the amout we ever had during our time with them.

 

I told the woman on the phone after she repeatedly stated it was my OH's debt, that I was requesting signed documented evidence of the debt itself and of the amount they were requesting upon this evidence being correct we would then discuss repayment, as the woman was getting stroppy and rude I replaced the receiver.

 

OH came home told him agreed we paid all monies due and owing in March 2002, and had not been with them since, told OH that I HAD REQUESTED SIGNED DOCUMENTED PROOF OF OWNERSHIP OF THE DEBT AND ALSO SIGNED DOCUMENTED PROOF OF THE AMOUNT OWING TO THEM, before we discuss any payment and stated that it was an error and that they were incorrect.

 

Never aquired any proof from 1st Credit Ltd in relation to the debt or the amount, in fact did not hear from them again until 2 letters came adressed to us both individually, they were from the land registry office stating that : an application had been made to register a restriction against our property,application made by Chivers Easton Brown on behalf of 1st Credit Ltd,the following entry was being made May 2006 Restriction: No disposition of the registered estate without a certificate signed by the applicant for registration or his conveyancer that written notice of disposition was given to 1st Credit Ltd [NOT 1st credit (Finance )Ltd AS ALL LEGAL DOCUMENTS ARE STATING FROM 2008/2009 onwards when the claimant was stated as 1st Credit Ltd on documents b4 2008] care of Chivers Easton Brown.

 

As at this time we had not got any proof of our account being settled AT ALL, and with not being furnished with the proof from 1st Credit Ltd we were going to enquire what our legal situation was re the debt when OH received a bundled letter from Chivers Easton Brown dated June 2006, within the letter it stated that they were acting on behalf of 1st Credit Ltd[NOT 1st Credit (Finance ) Ltd] owed 1st Credit Ltd an amount of £4,000+ this debt was now a the subject of a judgement dated Dec 2005[Heard without knowledge of ] (Northampton) and a Final Charging Order was made on June 2006, once again no information regarding this was ever received b4 the date, was just enlightened by the paperwork we received enclosed within paperwork and an individual copy sent to myself had been held at Epsom county Court once again without prior knowledge to ourselves.

 

Having been studying this c ase for my OH I have since found that no mention of the Interim order made in April 06 this being the order registered with the land registry to date as the Final charging order has never been registered or logged with the land registry[ evidence by way of updated [ LAND REGISTRY COPY] OBTAINED in 2006 and again June 2011, still registered against property INTERIM ORDER LOGGED May 2006.

 

It went onto to explain 1st Credit Ltd had given OH plenty of opportunity to pay the debt without anything being paid to them therefore requested letter to be sent last opportunity to admit liability and amount before the instruction of further action, with any further court action increasing amount to be paid profusely.

 

Further went onto to suggest a Remortgage, and as this would pay them in a lump sum willing to reduce the amount of debt to be paid, asked to phone them re time limit and reduced amount b4 applying for a remortgage.

 

Went onto to further sugges tMonthly Repayments subject to the completion and return of the enclosed income and expenditure forms, with debt being paid over no longer than 3 years and must be by monthly standing order.

 

Or Lump Sum & Monthly Payments : if finances dont permit a full and finak settlement then u may be abe to offer a reduced lump sum and a reduced monthly offer subject to the completed and retuened Income and Expenditure forms enclosed.

 

We hope you except one of the above as our client 1st Credit Ltd does not wish to take further Court action if we do not get a reply within 14 days then there would be no alternative such action will be taken without further notice to you, open letter that can be taken to court in order to demonstrate that they have done everything possible to resolve this matter do not ignore this correspondence.

 

Letter addressed to myself from the above dated the same as OH's stating you are aware of the obtaining of an Interim order against OH enclosed is the copy of the Final Charging Order obtained against the property [ was never informed of any of the judgements or orders before they were heard or OH was never pre informed either].

 

Claimants stated as 1st Credit Ltd on all documents and court documents up to this date, amount now owing stated witin the Final Charging Order copy is £4,000+this amount is owing under a Judgement or Order given in Dec 2005[ well if the court dont know which how are we supposed to know when we were never preinformed of the hearings] interest payments awarded at 8% stat interest [ should have no stat interest added as the loan should be covered by the cca 1974, neither can contractual interest be charged].

 

CLAIM number differs on documents and statements, and the amount owing is accredited to 1st Credit Ltd yet most documents from solicitors and court after 2009 state the compay as 1st Credit (Finance) ltd, this is not the case company was 1st Credit Ltd [see earlier documents].

 

received no documentation from them only a few rather distasteful phone calls threatning to force him to sell the property unless a substantial amount is offered each week, told them both OH and Myself were only on long term health related benefits 95, 96 respectively, so could only offer £10 per week subject to the requested documentation furnished to us as previously requested at least half a dozen times but to no avail, stated that they needed at least £70 per week against a debt of this amount, then started once again to get attitudes and aggressive by way of asking if myself and my children had got anywhere else to live as they were coming for their property very shortly , reiterrated my request re documentation and replaced the receiver.

 

Letter came dated Jan 08 headed letter stating 1st Credit Ltd PO Box Reigate further states 1st Credit Ltd/ 1st Credit[Finance ]Ltd have a final charging order over his interest in the property[ only 1st Credit Ltd has the fina charging order but has never been logged or registered with the land registry only Interim Order logged May 2006, states their dissappointment in the non payment of the debt and the final charging order does not alter the fact that there is a judgement against OH which he must pay[ stated once again no offer of payment of weekly payments without the correct signed documented proof of ownership of the debt and valid signed documented proof of the exact amount owing which I /OH am dissappointed as this has been requested since 2006, and has not been complied with as at the date of the letter.

 

Further states instructed in house solicitors to take appropriate action to repay judgement, which coud very well include an order at court to enforce the charging order by seeking an order for possession to avoid this action phone in house solicitors on NO; given within 7 days to avoid this potential acction being taken., then goes onto to state if got more than 10,000 per annum could introduce OH/us to company who the solicitors state they r authorised introducers to the company.

 

Wrote a letter in reply stating that OH was not a happy chappy with all the threats and deceitful actions portrayed by 1st Credit Ltd and their staff who were aggressive bullying and intimadating tactics they had used to date and that HE REQUESTED ONE FINAL TIME THAT DOCUMENTED EVIDENCE BE FURNISHED TO HIM WITH SIGNED DOCUMENTED PROOF OF OWNERSHIP OF DEBT AND EXACT AMOUNT OWING UPON RECEIPT AND CONFIRMATION OF THE REQUEST PAYMENT OPTIONS WILL BE DISCUSSED, OFFER OF £10 PER WEEK STATED UPON PROOF REQUESTED , WITH PAYMENTS TO INCREASE AS FINANCIAL SITUATION INCREASED, THIS WAS DRAFTED IN A LETTER SENT TO THE PO BOX AT Reigate.

 

Received no written reply or no documented proof of requests at all , but was phoned and pestered as tp the way we would pay all the debt in order to stop the sale of the family home, stated no proof no payment was TOLD WOULD RATHER ENFORCE SALE OF PROPERTY than accept the payment terms offerd AND THAT THEY WERE NOW GOING TO REQUEST JUST THAT WITH NO FURTHER NOTICE GIVEN,just seemed to ignore all requests to provide documented evidence re the Debt and Amount owing, Told OH HE HAD HAD ENOUGH NOW AND HIS REPLY WAS LET THEM TRY IT AND SEE HOW FAR THEY GET AS IT HAS NOT BEEN CONFIRMED THAT THE DEBT BELONGS TO HIM AND NO PROOF OF THE EX\CT AMOUNT EITHER SO WOUOD NOT BE ABLE TO INSTIGATE PROCEDINGS FOR SALE OF HOME.

 

OH stated that if they rang again I was to end the call without speaking to them, this I DID ON 2 OCCASIONS WHICH FORCED WRITTEN CORRESPONDENCE FROM THEM BY WAY OF LETTER DATED Oct 2009 from 1st Credit stating your latest statement enclosed detailing all transactions made during the dates o0f Oct 08 -Oct 09 further requests to ring them re payment of debt and financil situation to come to a suitable payment option with them, [telling porkies again] as inside the statement it clearly states statement NO 1 signed on behalf of 1st Credit Ltd no mention or reference to 1st Credit [Finance] Ltd at all.

 

I or Oh did not receive anymore correspondence from them either in writing or by telephone, thought they had eventually realised there was an error made and the debt was not OH's after all, but then in Nov 2010 [dated 11/2010] a stat demand came thru letterbox stated Demand served on u by the creditor 1st Credit [Finance ]Ltd address given in London[ sorry the claimant has always been 1st Credit Ltd]

 

Full paticulars page 2 states judgement of Northampton County Court claim no given dufferent to the court orders no, and also different claimant stated creditor demands that you pay the above debt or secure or compund for it to the creditors satisfaction. dated Nov 2010 by a Legal collections manager authorised on behalf of the claimant address 1st Credit Ltd The Omnibus building Reigate.

 

Person making this demand to complete psges 1/2 and parts A,B,and C as applicable on page 3 states 85% untruths and also states wrong company as the claimant then lastlly states claimant wil release such security for benefit of all creditors in the event of a bankruptcy order being made.

 

On date of this demand £4,****+ is due and owing by OH to the claimant 1st credit (Finance )Ltd

nothing at all has been stated yet by claimant 1st Credit Ltd that this entire debt has been disputed since day 1 despite numerous requests for signed documentation as to ownership of debt and same documented evidence as to correct amount owing, which we still have not received or has been stated by claimant to date of Stat Demand.

 

was contacted by phone with information as to house being sold and if we would lower the price ,was not the no that claimants have phoned from said they had been informed that the property would be going at a discounted price, when told that they had been misinformed , they said no the property was definately coming up 4 sale I stated once again that this was not the case and finished the call on pressing 1471 it stated the CALLERS NO HAD BEEN WITHELD WHICH RANG ALARM BELLS AS TO THE CALLERS IDENTITY BUT AM UNABLE TO PROVE EXCEPT BY WAY OF PREVIOUS COMPLAINTS AS TO THE UNDRHANDED AND DECEITFUL WAYS 1st Credit Ltd have operated on the general public to date

 

The next correspondence we received was by way of a letter dated middling of Feb 2011 from a company called ASSIST stated urgent then OH'S NAME letter states has attended our house in order to serve a Bankruptcy petition on behalf of 1st Credit (Finance)Ltd, pursuant to the insolvency Act 1986 stated unfortunately u were not at home when our agent attended( no one has called previously re this letter ) stated that an appointment has been made for another date given within the letter for a week l8r and the specific time and that failure to keep this appointment may result in an application being made to the court for substituted service of the bankruptcy petition on you, waited in all day but did not show at all.

 

Then A letter was delivered addressed to OH dated April 2011 from Welbeck Law letter stated st Credit (Finance) Ltd V OH we have been Instructed by 1st Credit (Finance ) Ltd( not the right company stated again) to issue Bankruptcy proceedings against OH

we now enclose by way of service to you a bankruptcy petition, the order of the court for substituted service of the petition and time extension for the date for the hearing and ur notice of funding pleSE NOTE THAT THE DATE FOR THE HEARING OF the B.P is now May 2011 Total sum owing is £6,6** on looking through the bundle of papers I noticed quite a few untruths and obvious errors by way of the following incorrect statements and information that had been given

 

creditors Bankruptcy Pettion on Failure to Comply with Stat Demand for a liquidated SUM TO B PAYABLE IMMEDIATELY

 

states 1st Credit(Finance ) LTD [incorrect]

 

petition the court that a bankruptcy order be made against OH

 

page 2 states the debtor is justly and truly indebted to us in the sum of 4,****+ being the amount outstanding as detailed below ( Incorrect Statement the claimant 1st Credit Ltd have ignored all previous requests by letter and phone to furnish OH with signed documented evidence as to the ownership of the debt and has also requested signed documented evidence if the exact amount owing, on production of this required evidence then OH hAS ALWAYS STATED OFFER OF PAYMENTS WOUD THEN BE DISCUSSED NO PAPERS NO PAYEE

 

Next statement incorrect and incorrect claim No quoted as well as incorrect claimant quoted once again.

 

next statement also incorrect the creditor DOES NOT hold security 4 payment of the sum owed over the debtors interest in hisb dwelling by way of a Final Charging Order made June 2006in the Epsom County Court as the( Final charging Order has never been logged with the land registry) only the Interim order has ever been logged in May 2006.

 

 

the next quotation states as shown below the creditor will release such security 4 the benefit of all creditors in the event of a bankruptcy order being made, as of the 2nd June 2011 the interim charge by the claimant was still registered at the land registry thus bankruptcy dated May whilst creditor/claimamnt charge was still attached.

 

next statement is incorrect by way of the dates entered re; delivery of stat demand stat demand dated 14 days before date that they have entered, and clearly states by substituted service in respect of the above mentioned debt( stat demand dated 2 weeks b4 date given ( in our posseession)

 

we hold security 4 the payment of the above mentioned sum we will give up such security 4 the benefit of all creditors in the event a B.O being made9 security by way of interim order only logged against property at the land registry office and was still attached and registerd aganst the property as of June 2011.

 

endorsement states this petition having been presnted to the court Feb 2011, it is ordered that the petition shall now b heard March 2011, had not been informed of any applicatiobn being made as the appointment made for the attendance stated failure to keep the appointmeny MAY result in an application being made to the court for substituted service of the bankruptcy petition on you this appointment was neverf kept was in all day no one called at all, but have documentation to prove that on the date of the inital letter the bankruptcy application had already been submitted to the court

enclosed also with the bundle of papers was a general form of judgement or order dated by the court as

MARCH 2011 FURTHERMORE STATING THAT BEFORE A JUDGE

upon reading a letter from 1st Credit (Finance ) Ltd (Incorrect claimant once again ) it is ordered that the creditors petition hearing is adjourned until May 2011 and shall be deemed served on 2nd day after posting the bankruptcy petition on the Debtor by sending a sealed copy thereof by due insertion thru letterbox adddressed to OH at his home address

dated March 2011 ( same Month but different from date at the top of the letter) never received any of the bundle of papers until posted date as shown on front of letter April attached to this was a Notice of Funding of case or claim stating once again incorrect claimant OH as defendant sighned and dated on behalf of the claimant dated Feb 2011 way before the letter arrived stating an order to serve, which clearly states and dates an appointed day and time and states if OH failed to keep this appointment that they r required to inform him that an application may be made to the court for Substituted Service of the Bankruptcy petition upon you, but there is ample proof that an application had already been made and submitted, ct dates changed, letters from claimant to Judge unread by OH, as all the papers concerfning the court was enclosed with this bundle which is dated April 2011 . does any one think an annulment could be granted here based on the above grounds of should not have been allowed to petition for B.due to the debt not having been proven to be OH's debt and because of the incorrect info they had stated within their claims HELP NEEDED FAST PLEASE:mad2:

 

sorry 4 the long posting but had to include all reasons for the grounds to have the B.O annulled, also after seeing the OR because we have struggled whilst being on benefits but have used my DLA allowance to pay the mortgage for the periods on benefit which has been a hell of a struggle due to termination of benefits by the DWP for over 33 weeks which I appealed against and won due to using recent laws and not the laws concerning my dates, which I AM STILL FOLLOWING UP AND HAVE DOCUMENTED PROOF AS TO THIS , BUT THATS ANOTHER STORY THE BOTTOM LINE IS WE HAVE AT LEAST 100K EQUITY IN THE PROPERTY AND O.R HAS STATED THAT THEY WANT OH's BENEFICIAL INTEREST OF 50K , HAD THERE BEEN LITTLE OR NO EQUITY THEN THEY WOULD NOT HAVE WANTED THE PROPERTY DOESN'T SEEM FAIR AT ALL:!:

[rebel11]

Hi junki

 

The guys will be happy to advise as soon as they are available.

[Johno100]

At the beginning of 2005 I received a telephone call from 1st Credit Ltd for my OH, upon our conversation I was told that my OH was owing monies to them after they took over another companies debts, I told them that they were incorrect in this as I had settled our account in full with them in March 2002 by way of a cheque [bank statement] so knew that this was incorrect and also the amount being requested by 1st Credit Ltd was greater than the amount we ever had during our time with them.

 

and

 

As at this time we had not got any proof of our account being settled AT ALL, and with not being furnished with the proof from 1st Credit Ltd.....

 

Sorry if I have missed something in your post / novel but at what stage did you provide 1st Credit Ltd with a copy of the settlement cheque and an extract of your bank statement showing the payment in 2002? Do they acknowledge that you paid that sum? And what is the approximate difference between the amount you paid in 2002 and the amount stated to be outstanding in 2005?

[42man]

May I ask have you requested a SAR from 1st Credit / Connaught at any stage ? Have you requested a SAR from the original creditor ? Have you made a CCA request to 1st Credit or the original creditor ? And if they have a charge on the house then they shouldn't be allowed to take it to BP as they have security !!!

[42man]

Were any of the issues raised in the court at all ?

[JunkiMunki]

Were any of the issues raised in the court at all ?

hi 42man , my OH's case is similar to urs as my OH was made bankrupt May 2011

without knowledge without proof and by an INCORRECTcompany stated ON stat demand discrepancies as to dates 13 days difference think this now could have been cos of (40 days ) as if taking 1 date of the above would mean petition NOT WITHIN THE Days = abuse of process, 95% of all statements made by solicitors and on stat demand differ from statements made by different solicitors bak in 2006, companies names differ to court letters named back in 2005/2006 no docs as to default 2005 and interim order 2006, no peyment terms as to the orders 2005,2006,and fco dated june doc of any kind re orders have been seen prior to solicitors letter june 2006, replied requesting proof of debt did not acknowledge any debt. despite written req in2006 never complied and despite 1 letter in 2008 recd from them reply asking for docs of proof not complied 2 nd letter 2009 , despite oft case have still contd action upon OH by way of illegal , deceitful and unfair not to mention fraudulenty obtained ct permission for OH bankruptcy without providing any proof at all and whilst the debt remained in dispute and they remained in default, they succeeded without any questions being asked by the official legal departments they have had to go through . debt in dispute claimant in default 2006. OH has never acknowledged or offered pmt of the alleged debt but still they have managed to gain BO against him even stating a different reg company to the original stated on all official docs back in 2006 the stating of a totally diferent company from 2008 onwards and used on all documents linked to the bankruptcy has gone undetected and unchallenged ..if more than 40 days have lapsed between date on stat demand and bp is this another abuse of process that can help towards OH annullment. Have now cca both solicitors and company named in 2006, am awaiting the 12+2 then will b able to apply for annullment form unless u can give me any ideas as to what my next or best move would be.

have stated debt assigned to them 2003 1st action taken2005 1st knew by way of land reg doc may 2006, nothing ever seen prior to this date at all , but had already obtained judgement io and then went onto gain a fco without our prior knowledge then solicitors letter revealing all and enclosing just 1 copy of court doc no production of ANY OTHER CT DOCUMENT ONLY A STATEMENT UPON LAST CT DOC REVEALED HAPPENINGS GONE UNDEFENDED BY WAY OF SECRECY AND DECEIT USING BULK CENTRE CT AND ANOTHER FAST TRACK REPLY TO SOL LETTER JUE 2006 DEBT IN DISPUTE CLAIMANT DEFAULT BUT DID NOT STOP THEM OBTAINING A DUFF BANKRUPTCY BY ILLEGAL AND UNENFORCEABLE DEBT (LEGALITY STATES) BUT HEY WHO CHECKS THIS OUT THE LAND REG STATES THAT A RESTRICTION WAS MADE , HAVE GOT CT PAPERS SHOWING FCO granted but despite their statement has NEVER BEEN REGISTERED WITH LAND REGISTRY AT ALL ANY SUGGESTIONS ???????????????????

Edited August 11, 2011 by JunkiMunki
TO PUNCTUATION AND GRAMMAR

[42man]

I'm really confused to be honest......but I have to ask again...have you ever sent a SAR to the original creditor ? CCA requests, did you ever go to court to defend any of their actions ? You can possibly get the bankruptcy order annulled but there may be the isuse of estoppel as it has been so long since the CCJ was obtained, have you spoken to a solicitor or got any legal aid ?

[JunkiMunki]

I'm really confused to be honest......but I have to ask again...have you ever sent a SAR to the original creditor ? CCA requests, did you ever go to court to defend any of their actions ? You can possibly get the bankruptcy order annulled but there may be the isuse of estoppel as it has been so long since the CCJ was obtained, have you spoken to a solicitor or got any legal aid ?

hi 42man,

will send you a quick and dated summary of actions from 2006 up to and including day of bankruptcy, any letters you wish to c please let me know,I hope you dont mind me doing it this way but ears and eyes could possibly be following,sent a cca to solicitors acting for the claimant by recorded delivery am now awaiting for the requested documents once more but have enclosed the £1 needed to acquire the info requested.

 

Major discrepancies from start to finish will point these out to you, please let me know if this is acceptable to yourself as I do not want to get anyone in any trouble, so will await confirmation from you b4 I send you the summary.

thanx again

junkimunki x

[42man]

No problem...the CCA request needs to go to the original creditor.

[crabbingtime]

Wow..... Did you or your OH ever respond to anything?

[JunkiMunki]

Were any of the issues raised in the court at all ?

As stated within my novel neither Myself nor my OH had ever received documentation from the Solicitors , the courts in question or from 1st credit themselves prior to the hearings that were heard at the 2 courts used which just happened to be fast track courts, which according to reliable information have since found the reason for using the fast track courts are deceptive and underhanded to say the least, it amounts to a question of an infringement of ones right to defend their property, by way of eliminating the debtor from the hearing This being shown by the Statements made upon the court papers as "Upon the claimants Solicitors attending and NO ATTENDANCE BY THE DEFENDANT, therefore NO OPPOSITION being made, this statement in itself somewhat proves dishonest /deceptive methods being used as a way of getting the control over the debt by way of false judgements ,which I can honestly say happened to my OH on 3 separate occasions without any knowledge from anywhere .

 

To date neither myself nor OH have had any of the requested documents produced, have never received a NOA from either company regardless of their false staements that state otherwise,they have incorrectly stated that the FCO which was once again taken through the fast track court without any prior notification regarding the hearing that was going to take place, once again witholding my OH's Legal right to defend himself and his assets from being quite simply STOLEN from him.

 

The Statutory Demand Oh received thru letterbox has a date 2 weeks earlier, than the date entered upon the statement of truth made by yet another solicitor acting on behalf of 1ST Credit (FINANCE) Limited, which is a totally different Company to the company that have the I/O against the BI of my OH and which the FCO has never been registered with the LRO.

 

It was stated that as they had a restriction by way of an I/O charge against the property, in order for the claimant to move ahead with the bankruptcy, the claimant has agreed to remove themselves from the charge to become an unsecured creditor in order to gain the bankruptcy of the defendant, but this has not been done as yet , surely this should have been done before the bankruptcy was granted, as they are still showing as being a secured creditor with the restriction still in place and affixed to the property any ideas/ advice will be greatly appreciated.

 

I did send a proper cca request to the Solicitors acting on behalf of 1st Credit Limited and also sent 1st Credit the same letter with a £1.00 taped tothe letter but as yet 8 days have already passed with nothing being received from any of them.

[JunkiMunki]

what next ?????

OH was made bankrupt earlier this year, have since sent cca request to 1st Credit Ltd and same to their solicitors enclosed the fee of £1.00 affixed to both letters , typed both names at the end of both letters did not use any signatures for good reasons, letters posted 5/8/2011 would have received 6/8/2011 have receipts for them,reply letter DATED 18th from solicitors returning fee of £1.00, letter states thank you for your letter dated 4/8 our clients have received similar letter and has asked that we provide this breif response

 

We do not have any authority on file to communicate with anyone other than Mr******* if Mr****** can provide our client with a written and signed authority detailing the person with whom we can discuss these matters, then they will do so.

 

That said, we understand that Mr ***** **** **** of ******* ***** LLP has been appointed as Mr****** Trustee in Bankruptcy and communications regarding these matters is now to be with him.

 

We trust that this is self explanatory and return herein your fee payment with which we are unable to comply

 

yours faithfully..

 

I have not received any reply whatsoever from "1st Credit Limited" nor have I received the fee back, from them I did send the letter to "1st Credit Limited" registered Company No: 3752940 at their registered address London EC4A 3TR, this company being the company with a Restriction against OH BI on the property, and as stated upon 3 court documents in 2005/2006, but who were not the company who made him bankrupt as the company who proceeded to make him bankrupt was "1st Credit (Finance) Limited", who according to information at Companies House is an entirely different Company,( although may be related somehow) areb 2 different companies and also has been confirmed by the OFT as being two separate companies, have been in touch with the bankruptcy people who weren,t much help after I had pointed out that the letters sent to OH and Myself contained the incorrect bankruptcy papers as they had enclosed someone elses bankruptcy papers instead of OH's which they just passed off as an administration error, and was of no importance, have put a note of their file re disputed debt and are seeking annullment due to discrepancies and failure to comply but a meeting of creditors is supposed to be occurring this month what should Oh next move be, are going to court 2moro with completed annullment form and fee to swear an affidavit what will happen then .....

[42man]

One interesting aspect is that if there is an adjournment in a bankruptcy hearing, then 1st Credit / Connaught HAVE to provide a sealed affadavit of continued service (which looks like they haven't done here - it should be in the court files (and there really should be 3 for the amount of adjournments)) I know to my experience that it can be enough (depending on you getting a reasonable judge) to get it set aside on an abuse of process....but there are other complex issues here, especially what you say about the interim charging order (for which I am not sure about)

 

Are you prepared for a fight ?

[42man]

Am I right saying that you never attended ANY of the hearings ?

[JunkiMunki]

One interesting aspect is that if there is an adjournment in a bankruptcy hearing, then 1st Credit / Connaught HAVE to provide a sealed affadavit of continued service (which looks like they haven't done here - it should be in the court files (and there really should be 3 for the amount of adjournments)) I know to my experience that it can be enough (depending on you getting a reasonable judge) to get it set aside on an abuse of process....but there are other complex issues here, especially what you say about the interim charging order (for which I am not sure about)

 

Are you prepared for a fight ?

 

Hi 42 man,

thanx for the reply I was gettinlg so desperate, after trying all the legal helplines who then gave a list of solicitors offering legal aid services, but having explained the situation to them, either unable to help because of it bein g an Insolvency matter, or fter initial visit with them they too are under the assumption that both companies involved are one and the same, even though the latter company succeeded in making OH bankrupt, and the former company is still registered at Land registry (although a secured company cannot make yhou bankrupt without relinquishing their security on the property) and are still requesting the alleged amount of the debt, without any agreements in their possession 6+ months after OH bankruptcy.

 

The statements above absolutely proves to me that they are in fact 2 SEPARATE companies, and yes 42 man I am ready n willing to fight with your expert guidance I am hoping xx

and yes you are correct on the latter statement not once has myself or OH attended court at all.

 

I have been to the law school with this problem, who complimented me on the amount of research I had done with regards to both companies and the legislations involved , and also agreed that they were 2 separate companies, and that after reading all the letters and court documents in my possession state that an abuse of process springs to mind, and to admit that they are not in possession of any agreement at all and to have taken court action on at least 3 separate occassions without any proof is beyond them.

 

That said they did agree with me by saying that this should have been looked into by the O.R. before my final meeting with him, as it was definately pointed out to him that the debt had always been disputed.

Edited April 28, 2012 by JunkiMunki

[JunkiMunki]

hi 42 man,

Can I ask what you mean when you state ( an adjournment in bankruptcy) as OH WAS declared bankrupt in 2011 for this alleged debt, but 6+ months after the bankruptcy company No 1 requesting outstanding balance on the alleged debt, and have their reply letter stating that they do not have any agreement at all, this was sent above 6 months ago and still we have not had any proof or documentation

of the alleged ownership of the debt.

 

We have not yet submitted the annullment form as we cannot get any legal advice on what to enter on the actual form as the main reason for the annullment.

[42man]

Did he attend the hearings for the petition ?

[assisted blonde]

Hi

I have checked out these companies and they are part of 1st Credit (holding) ltd which are the holding company, the ultimate holding company is 1st Credit (funding) ltd and they are connected, connought collections are also part of the same group. they are necessarily treated as seperate companies in law as it would depend on their structure and if they are wholly owned subsidurys.

[JunkiMunki]

Hi

I have checked out these companies and they are part of 1st Credit (holding) ltd which are the holding company, the ultimate holding company is 1st Credit (funding) ltd and they are connected, connought collections are also part of the same group. they are necessarily treated as seperate companies in law as it would depend on their structure and if they are wholly owned subsidurys.

 

I contacted Companies House about the companies involved, and it was explained that as each company have their own unique registered company no: then they are classed as 2 separate companies, but even if they were both as one, how can one of them make you bankrupt and the other attend 3 different court hearings without any knowledge to oneself, and without any agreement provided at the courts and now the same company are still requesting the outstanding balance 8 months + after bankruptcy by the other company ????? , and even after contacting the solicitor involved and the companies re:: CCA to which the former company have stated THEY DO NOT HOLD ANY AGREEMENTS re the debt, and back in 2011 replied by way of a letter stating they were going to contact the O/L for the agreements and would send these as soon as they were received, but as yet 8+ months later nothing at all has been received from them, in connection with the valid documentation as to the alleged debt.

 

And the company who proceeded to make him bankrupt would have not produced any agreement to the alleged debt, and who at the request to supply documents under the CCA act s78 79, have never produced any documentation when requested as their response was requesting a handwritten signed letter form my OH giving permission to discuss his alleged debt with myself ,........

Edited May 5, 2012 by JunkiMunki

[JunkiMunki]

I have now got an annullment form from the court and propose to complete the form to the best of my ability, and state the reasons most impiortant to the annullment and take the documented proof by way of the original documents in my possession to Court first thing Tuesday morning, and see if someone can advise me further from there, and also to send copies of all the relevant paperwork from both companies to the Insolvency Practitioners, who im my opinion should have checked these inconsisitencies out before going ahead, but the initial blame in my opinion lies first and foremost with the O.R. who was told that the debt( had always been disputed from the onset, and despite requesting documentation of proof of the alleged debt had never received any documentation from them and had never received any prior documentation as to any of the court hearings that had taken place w/o any valid agreements) should have been investigated by the O.R. himself before sending the case to the Insolvency Practitioners.