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heisenberg01

IND stayed claim on old welcome debt, they want ME to prove i went BK?

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Hi all.

 

Went bankrupt in 2008 and included a welcome loan in it as a debt.

 

Last year received a CCJ from them claiming repayment,

filed a defence saying it was included in the bankruptcy,

 

now received a demand saying i need to provide proof or they will proceed with the claim.

 

Do i need to provide proof,

surely its not that hard to prove i was bankrupt

 

They claim they cant locate any proof of the bankruptcy.

 

if so HOW DO i prove it???

 

Rgds

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My point being surely its easy enough for a crditor to find out re credit files etc,??

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And my point being, it would be just as easy for you to find out and send them a copy to stop all the letter ping pong.

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And my point being, it would be just as easy for you to find out and send them a copy to stop all the letter ping pong.

Any chance of a point in the right direction?

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Any chance of a point in the right direction?

 

Good question! :)

 

Sorry, wrong link.

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Quick google and it seems a leeter to the recievers office should do the trick.

 

However, to the origional point are these tossers able to enforce the ccj just because they claim not to be able to find any eveidence?

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Don't pay for it yourself, just send IND the link ;)

 

As long as you defended the claim properly, you will win. If you didn't, you may lose and have to go through all the trouble of a set aside.

 

This was why (although) in a very flippant way, I suggested you get the information yourself. You may need it to brush these idiots away!

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Don't pay for it yourself, just send IND the link ;)

 

As long as you defended the claim properly, you will win. If you didn't, you may lose and have to go through all the trouble of a set aside.

 

This was why (although) in a very flippant way, I suggested you get the information yourself. You may need it to brush these idiots away!

 

And then you can claim costs as you advised them it was included in the bankruptcy.

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You should have all the bankruptcy paperwork from the official receiver.

 

 

They(the receiver) also advise you that you direct any creditors direct to them in the event they come calling.

 

This is your bankruptcy, and therefore your responsibility to inform creditors of it.

 

 

It may be that the creditor never receive notification that you were going bankrupt.

 

I would just ring the receiver and ask for a copy of the order and sent it to welcome.

 

 

Or they will just keep chasing you.

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I take it you received a CLAIMFORM from IND ... not a CCJ

 

 

and to this date the claim has remained stayed?

 

 

you don't need to do anything IMHO.

 

 

if IND want to unstay the claim

and risk getting battered

that's upto them.

 

 

its not for you to have to prove anything!

 

 

dx


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The debt will be statute barred anyway so they wont get very far with a court claim.

 

 

Your opening post says you receive a CCJ but do you mean that you had a Letter Before Action threatening a court claim?

 

You could just tell them that the debt would be SB even if not included in bankruptcy arrangements.

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no it wont be sb'd?

 

 

if they issued a claimform then the claim is stayed and the SB clock paused on the issuance of the claimform

 

 

dx


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