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youngwill
Junior Member
United Kingdom
174 Posts |
 Posted - 08 June 2008 : 13:56:51
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Hi, If Julian is able to reply to this further question following our telephone conversation yesterday concerning my brothers BP, it would be advantageous. Although the petition has his personal details correct I have noticed that the only letter accompanying the BP is from a solicitor. Although posted to my brothers correct address, it was "technically" not addressed to him, but is for the attention of the process server and not my brother.
Is their a "technicality" issue when the papers go before the judge at the BP on the 18th? Not being au fait with these procedures, if that solicitors letter was sent in mistake for a letter of instructions for my brother, he could possibly defend his position at the hearing that there were no instruction for him to follow on receipt of the petition. And if I could also please ask if you know where I can download a free version of a 6.19 (objection to BP) Kind regards, Youngwill.
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 08 June 2008 : 17:39:00
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Hi Youngwill,
Whilst a "technicality", I would suggest that is quite a flaky defence and would therefore proceed on the basis the BR is going to happen unless (a) the debt is settled in full prior to the BR hearing, or (b) a payment schedule is accepted.
You can download the relevant paperwork from the Insolvency Service website.
Hope this helps.
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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youngwill
Junior Member
United Kingdom
174 Posts |
Posted - 08 June 2008 : 23:19:35
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| Hi Julian, Thanks for your confirmation. I think I will have managed a stay. I requested, on 22nd May '08, a CCA & DoA from the DCA (I'm glad you're au fait with these terms)They responded by mail, dated 2nd June, stating, "we will shortly be contacting our client to advise them of your comments. We will contact you with our client's reply in due course. This process may take at least a month" What mystifies me is, why do they need to contact their client (Halifax) if they have bought or inherited the debt? Surely, all pertinent paperwork should be with them? If I equate this with the sale of a car. You don't hand over xxxx amount of pounds for a car and tell the seller, oh keep the log book, do you? Kind regards, Bill. |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 09 June 2008 : 10:10:31
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Hi Bill,
Welcome to the wonderful world of debt recovery. It is not uncommon for the debt to stay with the principal lender, and just sub-contract out the actual collection.
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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youngwill
Junior Member
United Kingdom
174 Posts |
Posted - 08 July 2008 : 15:38:43
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| Hi, Further to previous posts. I have since received C/C statements to ascertain the total of unlawful charges, but two statements have puzzled me, despite "googling" for a definitive answer. Could someone please explain what and why one statement, dated Nov '03, has, "Principle chargeoff","Interest chargeoff" and " insurance chargeoff". The other, in Feb '07 has, "Principle abandoned", "Insurance Abandoned" and "Other fees abandoned". On every statement my brother has had varying repayment cover debited, pro-rata to his outstanding balance. If this is so, any ideas why the bank have not drawn upon this cover when he became unable to meet his payments? And, as suggests, if the C/C debt has been "abandoned" why have the DCA made him the subject of a Bankrupt? It appears to me that the bank have written the debt off, claimed on their insurance, claimed tax relief for the loss and then made a little "Xtra" as the bank's motto say's, by selling the debt to a DCA.Kind regards, Bill. |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 08 July 2008 : 15:49:57
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Hi Bill,
A tricky one this. Lenders can sometimes have a language that is all their own (in much the same way as some IT specialists sometimes talk in binary). From your information, it does look like the bank have drawn a line under it. I would check with the bank first to see if the debt is still "live". If not, get written confirmation and let the DCA know.
Regards
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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youngwill
Junior Member
United Kingdom
174 Posts |
Posted - 18 September 2008 : 11:04:08
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| Hi Julian, Two months on, following a BR hearing on 17th July. The DJ ordered the claimants to produce a statement of my brothers account documenting all debits and credits, which in my mind should have been supplied with the c/c statements previously received, following my CCA request in May. My cynical thought was that they were buying time to produce a C/C agreement. However, we've now received a letter from the claimants solicitors, headed WITHOUT PREJUDICE, offering to withdraw the BP if he signs the draft consent order. They obviously can not enforce the debt, at this moment, without a true, signed executed CCA. This leaves me out of pocket of 4 payments totalling £500. If they did not have all documentation and authority to collect the debt, they have had my money under false pretences? Do you know if I can counterclaim at the next hearing, which is TBC, or will I have to issue a separate claim myself to recover. I mention the next hearing, because my brother and I are in agreement that the Draft Consent Order is not going to get his signature, because we want the solicitors in court to explain their actions and we think we should recover our costs too. Afterall, they brought the case, they can pay for it. Although "Without Prejudice" means that we can not produce it in court, can we not just mention to the DJ that the claimant has offered us a WP letter that we are unhappy with? Kind regards oncemore, Bill. |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 18 September 2008 : 12:38:23
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Hi Bill,
It sounds like they have an unenforceable contract here. There is no way a creditor would go to these lengths under normal circumstances, so sign nothing. Potentially, you can make a counter-claim in the next hearing.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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youngwill
Junior Member
United Kingdom
174 Posts |
Posted - 18 September 2008 : 13:29:33
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| Thanks Julian, that's what I wanted to hear. It is beyond belief why they never made sure that the documentation was never collated before spending 2 x £150 on SD's and 100's on the BP and court fees. Except that they prey on the publics vulnerability and apathy of knowledge? Many thanks again and hopefully this will conclude my brother's case. On a lighter note, I hope that I don't follow in his footsteps, holding HBOS shares? Kind regards, Bill. |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 18 September 2008 : 16:01:05
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Best of luck Bill!
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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question for Julian following tel conversation
