Help! Bankruptcy here i come - thanx 1st credit

tessbroke

I am newish here although i have over the last 18 months read loads of postings about people with similar problems - both on this site and others.

I am left wondering if I am alone in finding that the system is majorly stacked against joe public. I have two ccjs that have been pushed on to charging orders despite my not having defaulted on either. This was contrary to all advice I was given at the time. The judge actually laughed at our attempts to argue our case by quoting case law. His attitude was awful and i can actually quote him as pointing at us and saying "you owe them the money therefore they can have whatever they want".

My latest problem is with 1st credit. They actually served bankruptcy papers on me 18 months ago after demanding i pay £150 per month and refusing to accept a lower payment. On advice i wrote and asked for copy of the credit agreement. I heard nothing until this weekend. On reading through various posts on various sites everybody just says that this is all bluster - but they actually served papers. Plus I have been told by one advice agency that this company WILL go through with it.

Anybody got any idea what happens now, what i should do and what kind of time scale we are looking at? Don't know what i can do really as both me and husband lose our jobs if we are declared bankrupt plus we have a three year old daughter so will fight to keep our house.

bexxie90

Cant offer any advice hun but thought I would bump this up so others can see and help.
xx

GeorgeUK

The best advice i can give is to go over to the consumeractiongroup forum and post a thread on the legal issues board.
http://www.consumeractiongroup.co.uk/forum/legal-issues/

They should be able to help answer a few of your questions, although it can take some time for people to reply on that board compared to here.

Put in a bit of history about what has happened, how you hadn't defaulted on CCJ's but they still went with the charging order. And tell them where you are now, what you are doing and what queries you have.

good luck

RAS

Hi

1st credit issue statuatory demands like confetti. Most of the time it is just a threat, but sometimes they do it.

Definately contact CAG as at least one of their members got his bankruptcy, issued by 1st credit overturned because they had not complied with legal procedure.

See here as well.

http://forums.moneysavingexpert.com/showthread.html?t=1134207

I suspect that you will be OK, as long as you fight them.

tessbroke

Thanks to all! Some of this makes interesting reading - especially the post i just found saying that it is the responsibility of the defendant to inform the judge of the law in their case!!???? WHAT?!!!

I find that this whole thing is a bit of a farce if you are the one who owes money. You cannot afford representation and these credit collection agencies know that so they take absolute liberties. They are also aware that most of us do not want the entire world to know that we are in debt so are unlikely to go to the press - but that is what it will always take to get the system to work properly. My charging orders are a prime example of this. I went to court armed with case law and the legal standing i was informed i had. What redress do we have after the judge has made us feel like a dirty mark on his shoes? NONE thats what.

We need some really helpful solicitors to stick up for our rights - but all they are interested in is how much you will pay them for it and so the vicious circle continues.............

Sorry chaps (and any nice solicitors ) am feeling a bit bitter and twisted about this whole thing resurfacing. After 18 months I thought perhaps it had been dropped. Incidentally what is the thing with the time limits? Have they broken the law with that part?

RAS

Hi

ring one of the debt charities and they can advise you on the paperwork.
http://www.moneysavingexpert.com/loans/debt-help-plan#help

tomterm8

tessbroke wrote: »

I am newish here although i have over the last 18 months read loads of postings about people with similar problems - both on this site and others.

I am left wondering if I am alone in finding that the system is majorly stacked against joe public. I have two ccjs that have been pushed on to charging orders despite my not having defaulted on either. This was contrary to all advice I was given at the time. The judge actually laughed at our attempts to argue our case by quoting case law. His attitude was awful and i can actually quote him as pointing at us and saying "you owe them the money therefore they can have whatever they want".

My latest problem is with 1st credit. They actually served bankruptcy papers on me 18 months ago after demanding i pay £150 per month and refusing to accept a lower payment. On advice i wrote and asked for copy of the credit agreement. I heard nothing until this weekend. On reading through various posts on various sites everybody just says that this is all bluster - but they actually served papers. Plus I have been told by one advice agency that this company WILL go through with it.

Anybody got any idea what happens now, what i should do and what kind of time scale we are looking at? Don't know what i can do really as both me and husband lose our jobs if we are declared bankrupt plus we have a three year old daughter so will fight to keep our house.

What do you mean "served papers"? What is the content of the papers you were served with? Is it a statutory demand, or a bankruptcy petition, or what exactly?

Deep_In_Debt

Sorry, I can't offer any constructive advice. I have experience of Worst Crudit...for my sins, I live near them...I was here first though! Doesn't stop the hassle though.

I'm getting increasingly concerned that judges are tending to favour creditors. Think they need to be reminded of the law some times...

I know this doesn't help, but I wish you all the best.

notjustdebt

First Credit have a tendancy to serve Statutory Demands like confetti as RAS says, this company behave in an appauling way and when the OFT were presented with evidence of their baseless threats they went through with a dozen threats of Bankruptcy, this was not to realise assets and make a killing, it was to protect themselves againt the allegations made against them.

Not all District Judges are the same and if you or anyone else feels that the Judge is being less than sympathetic ask for an adjournment as you need to seek legal or qualified advice ! The Ministry of Justice www.justice.gov.uk/ should be informed of any of your concerns. You may get a different and somewhat more diligent Judge..

As far as First Credit are concerned you should record their calls, keep a detailed diary. Fight Back! First Credit are a sham and a disgrace.

One day someone will pull a stunt like publishing all their phone numbers and suggesting those who have concerns call them at a certain time. I'ts suprising how delicate a modern phone system can be when put under pressure. It's also amazing how expensive it is to wade through thousands of voicemails that prove to be pointless !! Perhaps being crippled for a few hours will enlighten them. After all there is nothing wrong in calling a number to enquire about a company's services !!

RAS

Read this thread

http://forums.moneysavingexpert.com/showthread.html?t=1517601

And complain