Bankruptcy Petition

[JohnnyCo]

I received a SD from a DCA last June but didn't do anything as I took it as just another threat. I then received a letter from Land Registry in November to say that they are endorsing their records about a potential bankruptcy case.

I phoned the court mentioned in the Land Registry letter and they said that papers have been filed and a date for hearing has been set in January 2013.

No petition has been served to date. I did receive a letter to say that someone would be calling at my house to serve the Petition. I was at home at the appointed time and no one called.

I have sent a SAR to the original creditor and a CCA request to the DCA. Have received a letter from DCA acknowledging receipt of the CCA request which they have passed to the original creditor but it is now over 12+2 days since they received my original request.

The amount mentioned on the DCA correspondence is just under £3000 for a credit card debt. I also have other debts going back to around 2007 with 4 other creditors (mainly credit cards) giving a total of around £20,000. One may be unenforceable as it went to court and was stayed about 3 years ago. The DCA wrote to me about a year ago to say the bank had taken it back to deal with in house but never heard anything more.

Can these other debts be included in the bankruptcy petition? i am a homeowner with about £90,000 equity so would like to avoid going bankrupt if possible.

Time is ticking away and I'm not sure what to do. Getting panicky now, can't sleep, not eating and stressed over the whole thing.

Advice on another forum was to fight the petition (hence the CCA and SAR) but still worried if the other creditors are bought into it, it will be a lot more difficult to get the petition set aside.

Any advice about what to do? I am considering talking to the DCA to arrange a payment plan. I am presently working and have an income. All priority debts have been paid including mortgage arrears.

[Deepie]

Re: Bnakruptcy Petition

I'll flag this up for some help.........

[Paul.]

Re: Bnakruptcy Petition

I received a SD from a DCA last June but didn't do anything as I took it as just another threat. I then received a letter from Land Registry in November to say that they are endorsing their records about a potential bankruptcy case.

I phoned the court mentioned in the Land Registry letter and they said that papers have been filed and a date for hearing has been set in January 2013.

No petition has been served to date. I did receive a letter to say that someone would be calling at my house to serve the Petition. I was at home at the appointed time and no one called.

I have sent a SAR to the original creditor and a CCA request to the DCA. Have received a letter from DCA acknowledging receipt of the CCA request which they have passed to the original creditor but it is now over 12+2 days since they received my original request.

The amount mentioned on the DCA correspondence is just under £3000 for a credit card debt. I also have other debts going back to around 2007 with 4 other creditors (mainly credit cards) giving a total of around £20,000. One may be unenforceable as it went to court and was stayed about 3 years ago. The DCA wrote to me about a year ago to say the bank had taken it back to deal with in house but never heard anything more.

Can these other debts be included in the bankruptcy petition? i am a homeowner with about £90,000 equity so would like to avoid going bankrupt if possible.

Time is ticking away and I'm not sure what to do. Getting panicky now, can't sleep, not eating and stressed over the whole thing.

Advice on another forum was to fight the petition (hence the CCA and SAR) but still worried if the other creditors are bought into it, it will be a lot more difficult to get the petition set aside.

Any advice about what to do? I am considering talking to the DCA to arrange a payment plan. I am presently working and have an income. All priority debts have been paid including mortgage arrears.

ok you need to establish pretty quick who the creditor is who is petitioning for your bankruptcy.

There may be a way of avoiding the bankruptcy but this highlights my point about ignoring SDs , they should never every be ignored as a threat.

Do you know which court this is in.

[JohnnyCo]

Re: Bnakruptcy Petition

Yes I do know who the original creditor is - Capital One. SD was issued by Hamptons/Lowells. I also know which court it is.

I have sent a SAR to Capital One about 3 weeks ago but not had any reply. CCA request to Hamptons who have sent a letter to say thay have passed the request to the original creditor.

Sadly I was advised by a debt management co to ignore it as it was probably just a threat and it would cost them too much to go through with it. I din't take up the debt management plan as I though the fees they were asking were too much.

[Paul.]

Re: Bnakruptcy Petition

Yes I do know who the original creditor is - Capital One. SD was issued by Hamptons/Lowells. I also know which court it is.

I have sent a SAR to Capital One about 3 weeks ago but not had any reply. CCA request to Hamptons who have sent a letter to say thay have passed the request to the original creditor.

Sadly I was advised by a debt management co to ignore it as it was probably just a threat and it would cost them too much to go through with it. I din't take up the debt management plan as I though the fees they were asking were too much.

then it may be the debt management co were negligent in advising you, or maybe not, it depends on there being a duty of care to you.

Anyway, you are in difficulty as Lowells do push these through to completion.

do you have the petition?

[JohnnyCo]

Re: Bankruptcy Petition

Debt management Co was only a telephone conversation and it would be my word against theirs.

I don't have the petition as yet. I got a letter from a process server giving a date and time they would call to serve it. I was at home at the appointed time and no one turned up.

[JohnnyCo]

Re: Bankruptcy Petition

Thank you for the replies so far. I don't have internet access at work/during the day so will log on again tomorrow after 6pm to see if there are any further updates.

[Never-In-Doubt]

Re: Bankruptcy Petition

I think you'd be best PMing Paul, see what he says.....

[JohnnyCo]

Re: Bankruptcy Petition

Just an update. I still haven't had the Petition served on me yet and Lowells still haven't replied to the CCA request.

I spoke to a bankruptcy advisor at Step Change and he advised me to offer Hamptons (who are also part of Lowells) a voluntary charge on my property and a repayment plan. They refused to accept it.

Hamptons said they are going to apply for an adjournment to give them time to effect alternative service. I spoke to the Court and they advised me to phone the day before to see if the hearing is going ahead or not (as Hamptons may try a sneaky and go ahead without me there).

[CleverClogs (RIP)]

Re: Bankruptcy Petition

I still do not understand why Hamptons have apparently not considered rhyming slang - link.

[Paul.]

Re: Bankruptcy Petition

Just an update. I still haven't had the Petition served on me yet and Lowells still haven't replied to the CCA request.

I spoke to a bankruptcy advisor at Step Change and he advised me to offer Hamptons (who are also part of Lowells) a voluntary charge on my property and a repayment plan. They refused to accept it.

Hamptons said they are going to apply for an adjournment to give them time to effect alternative service. I spoke to the Court and they advised me to phone the day before to see if the hearing is going ahead or not (as Hamptons may try a sneaky and go ahead without me there).

Well thats going to cause them difficulties at the hearing if they do go ahead.

A good barrister would slaughter them on that, especially if youve offered to secure the debt.

[JohnnyCo]

Re: Bankruptcy Petition

They now have an adjournment to effect service and produce documents required by the CCA request. Was a pretty quick affair.

I assume I can produce a new defence based on what happens for the second hearing (e.g. if they produce the CCA and its not enforceable)?

Judge didn't seem interested in much else other than the non service of the petition as without it there is no case to defend.

To my advantage is a change in circumstances where I am signing a contract for full time employment today (been working for the company through an agency where the hours and income have been unpredictable) and at least I will know what my income will be as at the moment salary has not been finalised (will find out this afternoon when I go back to work).

It was a valuable experience though and I'll be a little less unsettled and better prepared mentally for the next round!

[CleverClogs (RIP)]

Re: Bankruptcy Petition

A good barrister would slaughter them on that, especially if youve offered to secure the debt.

After they've been slaughtered, can we make their skins into lampshades?

[The Tech Clerk]

Re: Bankruptcy Petition

After they've been slaughtered, can we make their skins into lampshades?

Would not be very bright

[CleverClogs (RIP)]

Re: Bankruptcy Petition

No but, being somewhat pachydermal, they'd be robust.