Bankruptcy Order !!! *** WON, TWICE ***

[Belaflat]

I believe that under CCA 2006, statement are sufficient proof but under CCA 1974. only a properly executed agreement will do.

 

Read this thread for some cheery news.

 

Statements were not accepted by the judge nor was an application form.

[PI Guy]

before being made bankrupt they would have had to served you with a statutory demand usually done by a process server and a affidavit or stetement of service would have been sworn.

 

Then after that a bankruptcy petition would have had to have been served PERSONALLY. if not possible to serve you perosnally then alternative service would have to have been granted by the judge.

[42man]

That's interesting, because I have NEVER been served with anything personally....the first I knew about it when was when a letter came through yesterday telling me I was declared bankrupt which according to the letter was presented on the 5th March !!!

[PI Guy]

you should have had it (the stat demand) set aside. Its too late now.

 

But there is hope. hang while i get the relevant rules out.

[PI Guy]

Dealing with Debt - How to Make Someone Bankrupt

[42man]

Thanks PI gy I have asked for the court for a form to annull the bankruptcy as I NEVER saw a stat demand or a court summons !!! I have just been reading Bluetack case where he won in court over CL finance on the CCA agreement....I will be studying this very closely...

[PI Guy]

it sounds like your case is straight forward as the processes needed to make you bankrupt weren't followed. So yoiu have a good case.

[42man]

And

[42man]

And thank you for your help PI

[42man]

Bellaflat does the CCA 2006 act apply to debts being chased after this act was passed or will it apply to any debts regardless of age....

[tomterm8]

Bellaflat does the CCA 2006 act apply to debts being chased after this act was passed or will it apply to any debts regardless of age....

 

This section applies to agreements made after the act came into force ( the relevant transitional provision is schedule 3, s.11 of the Consumer Credit Act 2006)

[42man]

Excellent....thanks for that Tom....just been reading more on the Bluetack victory...makes interesting reading....just about to send of the CCA...

[42man]

Hopefully this will do the trick....any comments ??

12th July 2007

PART 1 -Data Protection Act disclosure request

 

PART 2 – Consumer Credit Act request

I DO NOT ACKNOWLEDGE ANY DEBT WITH YOUR COMPANY

Dear Sir/Madam

 

Re Bankruptcy Order

 

Please supply me with All my personal data you hold including a complete list of transactions and charges (or alternatively a set of statements) relating to my account history with your organization or any you are representing. I also require a complete breakdown of each Late Payment fee and Over Limit fee charged to this account, or any similar related charges. The complete breakdown of each charge must contain the following:

 

Hourly rate of each member of staff involved with each administration of the fees / charges. The time each member of staff spent on the administration of the fees/charges. Details of the work carried out and completed by each member of staff involved with each administration of the fees/charges. Total cost of the paper, envelopes, ink, and postage of each automated and manually written letter relevant to the issuing of the fees/charges, and any other costs incurred in each fee/charge including other employee’s involvement, their hourly rate, time spent on the involvement, and what their involvement consisted of.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person or any that you represent, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you or any that you represent. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

Furthermore please provide me with a copy of my contracts with you and any company you represent, and a copy of my original terms and conditions. I make this request under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts.

 

I understand that under the Consumer Credit Act 1974 section 78, I am entitled to receive a true SIGNED copy of any credit agreements and a statement of account on request . I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act 1974.

 

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I further understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

Please note that the Postal orders I have supplied are NOT to be applied to any alleged debt but used only for purposes supplied.

 

I look forward to hearing from you.

 

Yours faithfully,

[42man]

I've just read through this mammoth pack sent from the Insolvency service....

There are 2 (the same) preliminary questionnaires...

 

They want to know your usual name, address, status, solicitor, been bankrupt before ? assets including cash in hand, cash held by anyone else, furniture, vehicles (these are approx values), money owed to you, stock in trade, machinery, stocks, shares, pensions, life assurances, jewellry, endowments, premium bonds, computer (state age and make), any other assets that you gave or sold since the order was made to you, in the last 5 years have you sold, transferred or given away any personal possessions at less than their value of cost, last 2 years have you made any payment to a creditor, bank account info, credit cards, motor vehicles - reg no, if it is insured, make and model and current condition, value, properties, land, unfinished contracts, HP and other agreements, liabilities, list of creditors, any legal proceedings, payments to creditors, dependants, income, betting and gambling !!! (have you lost any money by betting gambling or similar activities in the last 2 years - why do they need to know this anyone ??), directorships, business details, employees !!, then they ask you to bring, documents for shares, credit cards, bank statements, lease agreements, life assurance policies, wage slips, statements, benefits notices, latest bills you have been asked to pay, oh and your inside leg measurement....amazingly it doesn't say anything about the particulars of the bankruptcy (which I have requested from the court along with my annullment form) ....I am sooooo pushing for this annullment......

[42man]

i'm obviously going to be completely honest here, but has anybody filled in these before ?? and can give me any advice ??

[Saffronflowers]

42M, they want to know all you finanacil info as they want to know if you have any assets that can be sold to service your debts. One big issue is as you dont know the amount of the debt it is very difficult to fill out this info. I would phone the OR and ask if it is necessary to fill this out as you are going through trying to annul this, I am not sure if this put it into "dispute".

 

I hope your bro is being supportive, take care

 

SFx

[42man]

Thanks Saffron.....I wil probably put this and a few others under the dispute section !!!

[42man]

Just keeping updated, just rang the Official Receivers office who have confirmed they are holding off advertising my 'bankrupt' name to all and sunder due to me going for an annullment....

[Josie8]

Hi just read your thread...............it must have been a terrible shock for you but you seem to be getting to grips with it.

 

1. Do not acknowledge having made any payments within 6 year period. Make them prove it. So on petition for anullment you can assert the debt is statute barred. (i'll think about that one )

 

2. It is unlikely they will have your CCA given time scales and the fact debt has been transferred off etc. If they don't have a properly executed CCA then if it is unenforceable or doesn't exist you owe them nothing at all. The Wilson v Secretary of State for Trade and Industry 2005 made it clear that the creditor could not side step the CCA. However you as a debtor can still enforce the agreement and reclaim the penalty charges etc.

 

If it is improperly executed then it will have to go to a court before they can enforce it - and the judge can make time delay payments etc. He is unlikely in equity to allow you to be bankrupted if the CCa is improperly executed.

 

The court is not empowered to take cognisance of the debt if the creditor does not produce the original signed copy of the CCA. There are cases where the creditor gets away with it but thats in cases where the debtor hasn't shown up or alternatively doesn't know the law. You do know the law and you will be asking for production of the original CCA.

 

3. The fact that they actually say in the petition that the stat demand was served on a lady is I would think sufficient for the bankruptcy to be annulled. However it would also be useful if your wife would swear an affadavit that she was never served with any papers (if thats the truth) - gives the court a clearer picture of underhand tricks etc.

 

After 12 working days from the date they recieve the CCA request they will be in default and unable to enforce agreement. The fact of them being in default will also assist your petition for annullment.

 

Pm me if you want help drafting petition.............

 

Try and keep focused and concentrate on sorting this out............

 

We Caggers are here for you if you need to offload

[42man]

Thank you Josie...you are a star, I really appreciate your valuable time and input...

[42man]

Bumping up for Bluetack

[Goldlady]

The bit about the gambling is because it seems if you have a gambling problem it is an acceptable excuse for going bankrupt !!!!!!!!!!! Glad you are getting so much help - I think you stand the very best chance of getting out of this bloody mess.

[42man]

Thanks Gold....do you think I should tell them I have a gambling problem (which I haven't lol)

[tomterm8]

The bit about the gambling is because it seems if you have a gambling problem it is an acceptable excuse for going bankrupt !!!!!!!!!!! Glad you are getting so much help - I think you stand the very best chance of getting out of this bloody mess.

 

Everything I have been told suggests that this is incorrect. gambling, when you are in financial trouble to the extent you latter become bankrupt, is considered highly irresponsible, and likely to land you with a BRO.

[42man]

Thanks for that Tom...it actually extends back to when I was made redundant back in 2004......but the debts and certainly any agreements are pre 1996/7