Bankruptcy Petition

[JohnnyCo]

Re: Bankruptcy Petition

Have received a reply to my CCA request and all it contained is a copy of the original application form. The small print is illegible. Nothing else such as any terms and conditions or statements included.

Are fees charged for use of a credit card cheque reclaimable? I was charged over £40 for using one and £15 for another.

Charges may be defined as standard account charges but seem excessive?

[JohnnyCo]

Re: Bankruptcy Petition

Hi, this is still ongoing

I have sent a letter of complaint to the DCA pointing out how I think they are in breach of OFT Guidelines. They replied saying that they are looking into it and until such time as they reply, all debt collection activity will cease (which I assume includes trying to serve the Petition as I have heard nothing further about it).

I have a couple of questions if anyone can help.

1) The SAR request from the OC mentions a date that they received the CCA request.

I have written to them for clarity if the date shown is the date they received the request (was about 20 days after I sent to DCA) and also the date they responded. I received an illegible copy of the CCA a day after the first hearing so it appears to me that the DCA had it but withheld it until after the hearing so that I couldn't use it in my defence. I want to know when the OC sent it to the DCA.

The OC hasn't replied. Are they required to supply this information as part of the SAR request or can I send them something else that will force them to supply me with the requested information?

2) The DCA have now sent a reconstituted agreement. As I haven't received the petition yet, can I send the CPUTR 2008letter asking them to confirm if they do have a legible original copy of the document?

I just want to keep piling the pressure on the DCA in the hope that they will withdraw from issuing the petition when they see they have no chance of winning or have so much evidence against them that it gets dismissed at the next hearing (pretty confident it will anyway but don't want to leave any stone unturned and if there is a remote possibility that they can produce an original legible copy of the agreement at the hearing then I want to know beforehand. Just don't trust them and want to be one step ahead in case they think they have an ace card up their sleeve to counter part of my defence on the day).

[oldyboy]

Re: Bankruptcy Petition

Hi JohnnyCo,
Didn't want to just read and run. Lowells seem to be very active with issuing SDs at the moment. My opinion is they're using them like fishing with a hand grenade. You're fighting back now and you could well find it goes no further.

DCAs don't like the law up 'em!

[JohnnyCo]

Re: Bankruptcy Petition

Hi JohnnyCo,
Didn't want to just read and run. Lowells seem to be very active with issuing SDs at the moment. My opinion is they're using them like fishing with a hand grenade. You're fighting back now and you could well find it goes no further.

DCAs don't like the law up 'em!

Wish I had your confidence. My dealing with them make me think they are stupid enough to see it through to the bitter end!

[oldyboy]

Re: Bankruptcy Petition

Wish I had your confidence. My dealing with them make me think they are stupid enough to see it through to the bitter end!

It would seem they've already backed off once. That may happen again.

Take a look at this thread. I know you're further down the line than that but at least you're not alone and you could see what transpires.

http://forums.all-about-debt.co.uk/s...ead.php?t=8967