Jump to content


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


Please note that this topic has not had any new posts for the last 2177 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Link to post
Share on other sites

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?

Link to post
Share on other sites

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!

Link to post
Share on other sites
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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...