need help with creditors petition

mazlass

Its a long story, but basically we recieved a statatory demand from Connaught collections back in February. We made an arrangement with them of a payment of £1,000 and £100 per month. Last week they served us with a bankruptcy petition. We,ve contacted them to pay in full but they would not accept the payment. We have paid the money directly into their bank account and wrote to them, their solicitor and the court telling them we have done so. will we still have to go to court? Will we have to pay costs? Can someone please give me some advice.

fiveyearplan

Best advice would be to ring CCCS, National Debtline and CAB tomorrow morning first thing. If you don't owe them anything they should withdraw and now court fees should exist. If you don't get it in writing I would definitely show up to court, don't leave anything to chance. See what advice you get when you ring the above and even if they say you don't need to attend court I would still do so if you haven't received anything in writing before then.

Debt_Monkey_3

Get some free advice from one of the debt charities.

Also turn up to court yourself and be prepared to prove to the judge that you have paid this debt in full. Take bank statements, receipts, anything that shows they have been paid.

Judge is likely to adjourn the hearing or dismiss the application. Costs wont be an issue.

fiveyearplan

I was in court today for possession order of my car. I've been waiting ages for this to happen but thought I'd let you know, had I not been there to let them know I'm bankrupt, they would have stuck me with all the costs etc.

My OR faxed the court last week of my bankruptcy, I (and the OR) advised the finance company but still the solicitor didn't know I was bankrupt. Glad I didn't leave it to chance.

mazlass

Thankyou Debt Monkey and fiveyearplan for you advice. I'll give them a ring tomorrow. The problem we,ve got is that we are away on the court date. Do you think we would be able to change the date?

devonsdreamer

I hope you manage to get this sorted - sorry I have no advice but I hope you dont mind me asking you a question as I am now dealing with Connaught- do you have assets they will get by you going bankrupt (house, car) please dont feel you need to answer its just we dont have any assets so I am trying to gauge if it is an empty threat or not and tbh reading your story has woried me so trying to get it in context.

Many thanks

mazlass

We have mortgage etc so yes lots to lose but i've spoken to someone who was living with parents and they made him bankrupt. You just dont know with them. They dont care. Good luck.

Deep_In_Debt

mazlass - Sorry, not a useful post - just surprised that they seem to have followed through with someone on what usually seems to be an idle threat as they send them out like confetti. Maybe I will think again when I get my 3rd SD threat in 3 years - so far it's just been threats.

mazlass

They probably took a dislike to me. I've not been the best when i have spoken to them. I, like you, have not taken court threats seriously in the past. This has really shocked me into taking responsibility for our debts and keeping up with repayments to our creditors. Maybe we have just been unlucky. Going to get advice on what to do tomorrow.

franwh

if it goes to court, simply show the judge your receipt when you paid into their bank account...how can he/she make you bankrupt for a debt you no longer owe ? costs should be payable by the creditor, since they had the evidence of payment but chose to ignore...be really cheeky and ask for your travel and other expenses to be borne by the creditor.

rog2

mazlass wrote: »

Its a long story, but basically we recieved a statatory demand from Connaught collections back in February. We made an arrangement with them of a payment of £1,000 and £100 per month. Last week they served us with a bankruptcy petition. We,ve contacted them to pay in full but they would not accept the payment. We have paid the money directly into their bank account and wrote to them, their solicitor and the court telling them we have done so. will we still have to go to court? Will we have to pay costs? Can someone please give me some advice.

Hi mazlass

First of all, I would like to say that you are the first person that I have ever heard of to actually be served with a bankruptcy petition by the dreaded Connaught Collections. These boards are full of people who have received 'Statutory Demands' from them - in fact I, until now, was under the impression that the 'SD' form was the only item of stationery that CC possessed.

Now, and I am not being flippant, CC are well known for their 'scare tactics' and, generally, their SDs are rarely correctly 'served', so I am equally sceptical about any actual bankruptcy petition that they may serve. A bankruptcy petition must be served in person, although if they have made two unsuccesful attempts at service, and notified you of this, then I understand that the 'petition' can be sent by post, usually recorded delivery.

Based on what you have said, regarding the payments that you have made, then I would see no difficulty in you contesting this 'petition'. If CC had agreed to your payment proposals, then this would need to be said, in your defence. Your BEST option is to talk to National Debtline - 0808 808 4000, CCCS - 0800 138 1111, or a debt adviser at your local CAB.

If this 'petition' is genuine, then they may advise that you speak with a solicitor, and may be able to advise a local solicitor who will give you a free consultation.