Bank Smart 9K claim - Setting aside

[dannyski]

Hello, I hope someone can offer some guidance.

 

I'm writing on behalf of a friend who isn't very internet savvy,

 

he had a PPI claim back in 2008 for a lot of cards/loans and went to Bank Smart to manage it

(not realising at the time he could have done it himself).

 

to cut a long story short, they didn't do much, he ended up dealing with the bank directly

and then last month they won against him in the county court for unpaid fee's of 9k.

 

He did issue a defence which said that they didn't do anything for the money but they had a tonne of paperwork and won.

 

Now here is what he did not realise at the time of the court case - he went bankrupt in 2011 and this affects the debt.

 

A few notes:

 

He did tell bank smart in 2011 that he had gone bankrupt

and they requested a copy of his bankruptcy certificate which he emailed to them - so they knew.

 

He didn't mention the bankruptcy in his defence as he didn't think it was relevant.

 

The money recovered from PPI went to the mortgage company for the house

which at the time was the responsibility of the official receiver.

 

Can you tell me where he stands and how he might phrase an N244 defence to set aside?

 

Thanks

[dx100uk]

when did they issue the claimform..date?

[dannyski]

when did they issue the claimform..date?

 

They issued the claim form back in November I believe, it was heard at court last month and he lost but did not tell the judge about his bankruptcy. The cards to which the PPI was claimed were subject to the bankrupt as was bank smarts charges.

[stu007]

Hi

 

Now they were made Bankruptcy in 2011 and sent a copy of the court seal bankruptcy certificate a few questions:

 

1. How long were they made Bankrupt for?

2. When were they Discharge from Bankruptcy?

3. Were Bank Smart add as Creditors in your Bankruptcy?

4. Do you still have any of the Bankruptcy Documentation?

5. Do you have the contact detail of the Insolvency Practitioner that was dealing with the Bankruptcy?

 

please wait for others to advise

[dx100uk]

well surely if he made the claim through bank smart in 2008

the claim was well statute barred by the time they issued the claimform in nov 2015?

[dannyski]

well surely if he made the claim through bank smart in 2008

the claim was well statute barred by the time they issued the claimform in nov 2015?

 

Thats correct but apparently because the PPI was refunded in 2011, that is when the fee's became due.

[dannyski]

Hi

 

Now they were made Bankruptcy in 2011 and sent a copy of the court seal bankruptcy certificate a few questions:

 

1. How long were they made Bankrupt for?

2. When were they Discharge from Bankruptcy?

3. Were Bank Smart add as Creditors in your Bankruptcy?

4. Do you still have any of the Bankruptcy Documentation?

5. Do you have the contact detail of the Insolvency Practitioner that was dealing with the Bankruptcy?

 

please wait for others to advise

 

Hello,

1/2. I believe he was discharged in about a year so mid 2011-2012

3. Banksmart were not added to the bankruptcy as at the time they had not been heard from in years, they only reared there heads last year asking for money from 2011.

4. Yes, he still has his paperwork.

5. Yes, I believe he does, if that person is still working there.

 

Thanks