Legal loophole? Am I still in debt?

blind-as-a-bat_2

fermi wrote: »

As said, they are talking utter bullwarks!

The CCA2006 does not include any provision that allows a provable unsecured debt to survive a BR order.

As said, tell them to put their claim in writing.

They won't, but if they are daft enough to do so then you can also send it with a complaint to the OFT and trading standards. It would also be sailing very close to attempting to obtain money by deception, if not actually fraud.

And would it not require the amendmant to be in the insolvancy act, not the CCA act :think:

Dolly-Rocket

WOW thanks.
I have to send more proof to Allied (section 4 of BR petition to prove debt was included) by tuesday at the very latest. They graciously allowed me 7 days to do this!

debtinfo

actually you dont, bankruptcy covers all debts not just listed ones

fermi

blind-as-a-bat wrote: »

And would it not require the amendmant to be in the insolvancy act, not the CCA act :think:

No, not really.

It could be included in another Act/regulations.

For example, student loans were excluded from being written off in the Education (Student Support) (No.2) Regulations 2002 Amendment) (No.3) Regulations 2004 made under the authority of the Higher Education Act 1998.

fermi

Dolly-Rocket wrote: »

They graciously allowed me 7 days to do this!

If you didn't, they would do what??????

Take you to court when they know they would fall flat on their pimply faces?

:rotfl::rotfl::rotfl:

messimoney

We still get calls now from welcome finance and they get told where to go, some people just like to try it on I think, the most important thing to remember is NEVER sign anything. Dont worry about it, really, think of your health.

Dolly-Rocket

I just want to say a big thanks to you all for taking the time to respond tonight. Yet again I have been given great advice. Think I'll finally sleep tonight xxx

blind-as-a-bat_2

fermi wrote: »

No, not really.

It could be included in another Act/regulations.

For example, student loans were excluded from being written off in the Education (Student Support) (No.2) Regulations 2002 Amendment) (No.3) Regulations 2004 made under the authority of the Higher Education Act 1998.

40.24 Student loans

Student loans have been made under several pieces of legislation and their status depends on the legislation under which they were made and the date of the bankruptcy. The current position is that in all bankruptcy cases where the order was made on or after 1 September 2004, all outstanding student loans are not provable debts and thus are not released on a bankrupt’s discharge from bankruptcy [Note 35].

On 1 July 2004 the Higher Education Act 2004 was implemented, which changed the student loan legislation and made separate provisions for student loans made under the Education (Student Loans) Act 1990 and the Teaching and Higher Education Act 1998.

Where the bankruptcy order was made on or after 1 July 2004, all student loans made under the Education (Student Loans) Act 1990 (often referred to as mortgage style loans) were made non-provable in bankruptcy with the consequence that they were also not released on discharge.

Loans under the Teaching and Higher Education Act 1998 (often referred to as income contingent loans) were similarly made non-provable in bankruptcy, with effect from 1 September 2004, following implementation of the regulations applicable to the Higher Education Act 1998, namely the Education (Student Support) (No.2) Regulations 2002 Amendment) (No.3) Regulations 2004 [Note 36].

Where bankruptcies occurred prior to these dates, student loans may be treated as provable debts and thus be included in the bankruptcy and released on discharge. The dates are 1 July 2004 for loans under the Education (Student Loans) Act 1990 and 1 September 2004 for loans made under the Teaching and Higher Education Act 1998.

No part of a student loan may be claimed as part of the bankruptcy estate, as after-acquired property or as part of an income payments order or agreement [Note 37].

It was also amended in the insolvancy act though, which is what makes me wonder :think:

copier_guy

Hi Dolly,

Send them nothing.

Allied are a bunch of chancers who's combined brain power could not light up a 1 watt bulb.

They no were to look for your BR details

fermi

blind-as-a-bat wrote: »

It was also amended in the insolvancy act though, which is what makes me wonder :think:

Where?.....