Bankruptcy petition served

[siamshops]

I have been served a bankruptcy petition by a dca for a credit card debt of 10K.

I tried and failed to have the statutory demand set aside on the grounds that the dca have failed to provide a copy of the cca (they have only supplied a copy of a credit card application form) also I informed the judge that the I dispute the amount as it contains nealry 3k of ppi which the original lender has now confirmed.

I have offered £10.00 a week an amount which is all I truly afford, they rejected this due the time it would take to repay the debt, they offered a to accept a voulantry charge on my property plus £250.00 a month an amount which is the same as a weeks wages.

I am going to try and oppose the bankruptcy due to the reasons above.

Any help or advice would be excellent thank you.

[rebel11]

Hi siam

 

Thread moved to correct forum, we might have to move your thread depending on responses.

[Gaston Grimsdyke]

If 7K of the debt is not disputed, it is well in excess of the bankruptcy limit so unless you pay the undisputed element, you are liable to be made bankrupt and then it will be up to your trustee in bankruptcy to pursue the disputed PPI element. If you are offering £10 per week, what you are actually doing is proving that you are insolvent (i.e. you cannot pay your liabilities when due). A bankruptcy court is not the place to offer instalments if you don't want to be made bankrupt. If you can't persuade the DCA to drop the petition there is little you can do to avoid being made bankrupt. If you have equity in your property then your home will also be at risk.

[42man]

I still think you should use the CCA agreement argument (which I presume you still haven't received) as part of your reasons for opposing the petition. Do you have a copy of the agreement ? Did they serve the petition on you in person ?

[42man]

Also were you in a payment plan with the original creditor at all ?

[siamshops]

I was paying the original creditor until I was made redundant.

The petition was served on myself at the court when I reapplied to have the SD set aside due to the lack of a CCA and that the amount on the SD contains 3k of PPI again the judge sided with the creditor.

I will attach a copy of the credit card application they have supplied as the copy agreement when home tommorw.

Thank You

[Gaston Grimsdyke]

Lack of CCA would not be a reason for setting aside a stat demand, as serving a stat demand is not enforcement. Could be a defence to a petition though, as making someone bankrupt would surely be enforcement. However, unless you are in one of the big city courts there is a good chance the judge hearing the petition will be the same one who heard the application to set aside the stat demand.

[siamshops]

My bankruptcy hearing was adjourned for 4 weeks for to put forward proposals to secure the debt.