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battler1966

Discharged bankruptcy CCJ claim made against me

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Hi guys

 

I was made bankrupt in October 2008 and was subsequently discharged 12 months later.

 

In February I received a court claim from a personal debt that I forgot to include in the BO.

 

I filed all the defence forms and the Judge ordered that I provide proof of my bankruptcy so they could consider the claim being struck out.

 

I filed a copy of my credit report (showing date of BO and ref number), a letter from HMRC that was stating due to my BR my UTR was closed etc, a letter showing the release of interest from the OR in my property.

 

I was unable to provide any more proof as none were still in my possession due to the time since the order.

 

I have since received a N24 SO for settlement.

 

The opening lines state that the Judge has stayed until a later date pending receipt of further information concerning the BO...

 

I have a couple of questions if that is OK

 

1) What other proof can I file and where would I get such old docs from?

2) My BO was stated in the LG

3) The claimant reckons they knew nothing about the BR but it is my understanding that point 2 could make that a mute point (?)

4) The debt has been proved to have been incurred over 4 years PRIOR to my BO

 

Any advice would be appreciated,

 

Thanks

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Bankruptcy is not my area at all – so I can't really answer your question. However, isn't there an additional defence that the alleged there is statute barred?


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Bankruptcy is not my area at all – so I can't really answer your question. However, isn't there an additional defence that the alleged there is statute barred?

 

I foolishly made a payment under duress to get them off my doorstep a couple of years back, it was only AFTER my BO that I was told about the statute bar and my rights after discharge etc.

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But how long was it between that doorstep payment and any previous payment made?

 

Did you get a receipt?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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That was the first payment since he lent me the money so in 5-6 years, nothing had been paid off it at all previously as I was laid off and out of work due to illness.

 

Yes, the payment was made electronically.

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You need to find out - possibly by going to the original creditor - to establish exactly when the last payment was made to them, and then get the exact date of the payment made under duress. If 6 years elapsed between those dates, then the debt would have already been statute barred at the time you made the latest payment. Making that payment cannot change the SB status


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Hi,

 

I made the payment in December, 5 years after he lent me the money which was also the first contact (via email) I had had with him. This was also 2 1/2 years after my BO.

 

All contact was made to stop him turning upon my doorstep, which he was doing constantly and by his own admission the court.

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So how much is left owing?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The claim is for just shy of £10k including court costs that have been added.

 

It is a single name claim (married, mortgage holder, no tangible assets to speak of solely in my name)

 

I have been reading and it seems that the debt is covered by my BO (Under Section 382 of the Insolvency Act 1986) but how do I get further proof of it in addition to what i have submitted?

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Hi guys

 

I was made bankrupt in October 2008 and was subsequently discharged 12 months later.

 

In February I received a court claim from a personal debt that I forgot to include in the BO.

 

I filed all the defence forms and the Judge ordered that I provide proof of my bankruptcy so they could consider the claim being struck out.

 

I filed a copy of my credit report (showing date of BO and ref number), a letter from HMRC that was stating due to my BR my UTR was closed etc, a letter showing the release of interest from the OR in my property.

 

I was unable to provide any more proof as none were still in my possession due to the time since the order.

 

I have since received a N24 SO for settlement.

 

The opening lines state that the Judge has stayed until a later date pending receipt of further information concerning the BO...

 

I have a couple of questions if that is OK

 

1) What other proof can I file and where would I get such old docs from?

2) My BO was stated in the LG

3) The claimant reckons they knew nothing about the BR but it is my understanding that point 2 could make that a mute point (?)

4) The debt has been proved to have been incurred over 4 years PRIOR to my BO

 

Any advice would be appreciated,

 

Thanks

 

Claim struck out by District Judge 👍

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brilliant


:mad2::-x:jaw::sad:

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:thumb: AWESOME!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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