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1st credit finance ltd/first credit appalling behaviour Help Needed Fast
junkimunki
Posts: 23 Forumite
:mad:
Hi everyone was wanting some urgent advice, in MAY 2006 OH received a document from the land registry stating that an application had been lodged by *************** on behalf of 1st Credit Ltd, we had been customers of the company they stated for a few years before 2002 and had all payments taken by direct debit from our bank account.
We know that we had settled our account with them in full by way of a loan granted to myself from our bank, but had no paperwork or documentation as proof of this, and neither of us can remember signing for anything after the settlement.
I have been on health related benefits since 1995, namely SDA & DLA mobility and care allowance,then in 1997 husband was told by DWP medical that he was unable to work because of a back injury, benefits were paid directly into a bank account.
In March 2002 after being approved for a loan of £10,000 from our bank, whereby the bank stated that as my benefits had been paid directly to our account regularly for the last 5 years this would be looked upon as guaranteed income.
The loan was approved in my name with my benefits taken into account, I received the money on March 1st 2002 and settled our account with the company stated in full by way of a cheque dated March 2002.
The above can be verified by bank statements I have in my possesion from 1996 onwards,[bank charges case won nearly £4,000 in 2007], then made a request for all statements from onset of the account up to and including 2006.
This has equipped myself with all the documented evidence I needed to prove that something was not right, and that I was correct to ask for documented proof that OH had actually signed for this loan and verification of the amount they were requesting.
I wrote to them on more than one occasion requesting documented proof that my OH had signed for this debt and also requested proof of the amount paid and the amount outstanding, despite numerous requests for the above they have never produced any documentation at all regarding the debt or the amount being asked for, nor have they directly answered any of the letters I have sent.
OH received a document from the Land Registry dated May 2006, within the letter it stated : the application was lodged by *********** and stated the following:
[/05/2006]Restriction and a written notice of disposition was given to 1st Credit Limited care of ********** being the person with the benefit of an interim charging order on the beneficial interest of OH.
Further documentation came addressed to OH by way of a letter dated 19th June 2006, from ******** stating that they were acting for 1st Credit Ltd whom you are indebted to the sum of
£4824.48, this debt is subject to a Judgement dated December 2005 and a final charging order was made on June 2006, enclosed is a copy of the final charging order against your property.
It further stated a number of options open to OH by way of
1) Re-Mortgage:
You may be able to effect a remortgage of your property to release sufficient funds to clear our clients debt, as this would clear your debt by one single payment our client would be prepared to offer some discount from the total due.
2) Monthly repayment:
subject to you completing(and returning to us in the SAE) the enclosed Income and Expenditure form we can say that our clients would consider accepting repayments by monthly standing order an offer that paid the debt in full over a 3 year period.
3) Lump sum and monthly payment:
It may be that your finances do not allow a full and final lump sum or for you to make an acceptable monthly repayment offer, you may be able to offer a reduced lump sum and monthly offer, again this would be subject to receiving the completed income and expenditure form enclosed and would be over a period of no longer than 3 years.
We hope you will accept one of the proposals as our client does not wish to take further court action if we do not hear from you within 14 days they will be left with no alternative, and any such action will be taken without further notice to you.
We would point out that this is an open letter meaning our client can produce this in court to demonstrate that they have done all possible to resolve matters without further court action.
I myself received a letter from **************, stating that an interim charging order was obtained against OH, and that they now enclose a sealed copy of the Final Charging order obtained against our property:
Re: Epsom County Court
Case No: *******.
The Final charging order dated June 2006 Deputy District Judge sitting at Epsom County Court heard solicitors for claimant and there being no appearance by the Defendant
No notice of objection filed
the court orders that:
1) the charge created by the order made on the April 2006 shall continue.
3) The interest of the Defendant in the asset described below stand charged with payment of the sum of £4,***,**the amount now owing under a judgement or order given on the December 2005 by the Northampton Bulk Centre County Courtin claim no: ******** together with any further interest becoming due and £209.00 the costs of the application.
3) the costs are to be added to the judgement debt.
The reason that there had been no appearance from OH was due to not being informed of this claim and was not informed of the case stated on December 2005 at Northampton Bulk Centre, to which we have never had any documentation, but I have noticed that the claim no given is EXACTLY the same as the no given upon this claim which was heard at Epsom not Northampton.
The statement at 1) charge created by order made April 2006 shall continue ; OH nor myself have never been informed of this or any of the statement made at 3)(think this should be 2) which they seem to be unable to state whether it was an order or a judgement obtained on December 2005 by the Northampton Bulk Centre, claim no: ***** which is exactly the same claim no that is quoted on this document which was heard at Epsom County Court.
I did reply by way of a letter to the letter sent to myself from *********, stating that I REQUEST THAT EVIDENCE BE PRODUCED for perusal by way of an agreement signed by OH and documentation to prove the amount stated be forwarded to either myself or OH as soon as possible, after which OH would make proposals to clear the debt .
We heard nothing again from anyone until OH received a letter dated Jan 2008 from 1st Credit headed paper which stated that 1st credit Ltd / 1st Credit (Finance) Ltd has a final charging order over your interest in your property.
We are disappointed that you have failed to put forward and maintain acceptable proposals for the repayment of this debt, have instructed house solicitors LCS to take appropriate steps to obtain payment of the judgement debt,this could include a claim in the County Court to enforce the charging order by seeking an order for possession resulting in the sale of your property.
To avoid further action please call LCS solicitors directly Tel no: given within 7 days to discuss your pmt proposals, it also stated that as you are a homeowner, and a regular income of £10,000 per annum LCS could introduce you to Black and White, please call LCS on( Tel no given again)and if you wish they can transfer you to them.
Black and White are an award winning company who specialise in tailored financial solutions furthermore I must make you aware that LCS are an authorised introducer to blac kand white.co.uk you must contact LCS within the next 7 days re amount owing which has now risen to £4,***,*.
I sent a letter dated Feb 2008 in reply to the above stating that they have been asked on numerous occasions to furnish me with documentated proof of signed agreement and also a valid account of payments made and balance remaining,upon this documented evidence proving that I am the owner of the debt in question , then I will make an offer to repay the sum owing.
I also explained on health related benefits at the moment so could not offer more than £10 per week until financial situation improves but this woulld only be done upon the confirmation of documents that have been requested on numerous occasions, awaiting reply letter sent to p.o. box reigate .
Heard nothing in reply to my letter sent Feb 2008 from this company, then OH received yet another letter dated Oct 2009,
on headed paper stating 1st Credit stating find attached your latest annual statement detailing all financial transactions from 2008 - 2009.
Should you wish to discuss this further please do not hesitate to contact us on the tel no given details enclosed within this letter are for your information and woud encourage you to read through them if you are not currently paying your account and are experiencing financial difficulties please tel us on no given.
All that was stated on the document was statement no 1 and the dates it corresponded to, they had stated within the letter that it was the latest statement but the statement states it being the 1st statement sent to OH.
Nothing was mentioned or refferred to re our requests of confirmation of signed agreement and documented proof of valid amout owing, this request was 1st made back in 2006 yet still 2 years later we are still awaiting this proof.
anyway to cut a long story shorter (lol lol) OH received a Stat Demand under section 268(1)(a) of the Insolvency Act 1986 stating that the creditor was 1st Credit (Finance) Ltd address different to Reigate.
Every document received so far including court documents and the land registry entry state the creditor as 1st Credit Ltd and not 1st Credit (Finance) Ltd, it further stated that the creditor claims sums owing of £4,***,* full particulars set out on page 2 and is payable immediately to the extent of the sum demanded, is secured
Then it states by a judgement of the Northampton County Court inproceedings entitled (claim) Number******* between 1st Credit (finance ) Limited Claimant and OH Defendant it was adjudged that you pay to the creditor the sum of ******* and £212.00 for costs.
The above paragraph has stated Northampton County Court NOT Northampton Bulk Centre County Court as stated on the final charging order dated June 2006, and the claim no: used here is *****, whereby this claim no : was stated as the one used at Northampton Bulk Centre supposedly on Dec/20025 but was actually the claim no: used for the final charging order at Epsom county court on June 2006 but there is an added digit as they r too much alike for coincidence *******as opposed to ****** stated on the stat demand.
The creditor demands that you pay the above debt or secure or compound for it to the creditors satisfaction.
date : November /2010
*position with or relationship to creditor: Legal Collections Manager
* I am authorised to make this demand on the creditors behalf
Address: 1st Credit Ltd, The Omnibus Building,Lesbourne Road,
Reigate, RH2 7JP
N.B. The person making this demand must complete the whole of pages 1,2 and parts A,B and C (as applicable) on page 3.
after reading the particulars of debt on page 2 :
errors are as follows :
1) states the Creditor as :
1st Credit (finance) Limited when all other documentation state 1st Credit Ltd as the Creditor,
2) 21/11/2003 Associates assigned its debt with the debtor to 1st Credit (Finance ) Limited a notice of this was sent to the debtor to inform him of this , never have I or OH received such notification the first letter we received was from the Land Registry DATED May /2006 , followed by a letter from ******* dated June 2006.
3) On various dates the creditor has attemted to recover the outstanding balance of the account using telephone calls and letters however it was unsuccessful and the debtor failed to pay monies due and owing, have not stated the amount of times that we have written to them requesting confirmation of this debt with valid documentation to support the claim and valid documentation as to the amount that they are claiming.
This request has never been addressed at all despite requesting this within all correspondence to date, also during a phone call whereby I answered the call, they were bombastic ignorant and really rude as I explained that my OH would not pay anything until the documentation to prove the debt and the valid amout owing had been received.
I stated that we have requested this on numerous occasions and upon this being done, and us being satsfied that we do owe the amount stated, OH would be able to offer £10 per week until circumstances improved as we are on health related benefits, this was stated as unsatisfactory and that they would be looking at no less than £100 per week otherwise they would be petitioning for his bankruptcy, and then rather snottily asked me what will you and the family do then.
I ENDED THE PHONE CALL BY ONCE AGAIN REQUESTING POSITIVE DOCUMENTATION BE PROVIDED AND A VALID DOCUMENT TO STATE THE AMOUNT OWED BEFORE ANY PAYMENT WOULD BE MADE, I was then told make sure you look after OUR PROPERTY for us wont you and they ended the call.
OH did not reply to Stat demand but then received a letter dated February /2011 from a company called Assist stating an agent from their company has attended previously in order to serve him with a bankruptcy petition on behalf of 1st Credit(Finance)Ltd pursuant to the I.A 1986 then stated he had been unavailable when they attended (Not suprised at this statement) then went onto state a further attendance will be made on Friday *** February 2011 and a time stated and are required to inform him that should he fail to keep this appointment an application MAY be made
to Court for Substituted Service of the Bankruptcy Petition.
Waited in all day on the **th but no one turned up , we agreed that when they arrived I WOULD RECORD THE CONVERSATION BETWEEN OH AND WHOEVER AS HE WAS GOING TO QUESTION HIM AS TO WHY DESPITE NUMEROUS REQUESTS HE STILL HAD NOT BEEN ISSUED WITH ANY DOCUMENTED PROOF THAT HE OWED THE DEBT IN QUESTION AND EXACTLY HOW MUCH , AND TO STOP INTIMIDATING ME BY PHONE.
OH THEN RECEIVED A HAND DELIVERED LETTER, WHICH AFTER MYSELF ANSWERING THE DOOR A MAN ASKED FOR HIM TO WHICH I replied that he was not here , so then the man took a step forward and thrust an envelope at me which I purposely let fall to the floor whereby I noticed the envelope was not sealed and had been handwritten.
On his return OH read the letter from A COMPANY CALLED ***** Law stating that they had been instructed by :
1st Credit (Finance) Limited to issue bankruptcy proceedings against him and enclosed by way of service on him a bankruptcy petition date of hearing is now May 2011.
After reading the letter I pointed out to OH that once again it was stated that 1st Credit (Finance) Limited of London Not 1st Credit Ltd Reigate as stated in all previous court and correspondence .
state claim no; from court case dated Dec /2005 which we were never informed about.
The claim no: used for the Final charging order at Epsom County Court dated june/2006 was , the letter admits that the creditor holds security for payment of the sum of £4,***by way of a final charging order dated June 2006 made at Epsom County Court no claim no: is given here, it further states,as is shown below the creditor will release such security for the benefit of all creditors in the event of a bankruptcy order being made.
It then states that the above mentioned debt is for a liquidated sum payable immediately and the debtor appears to be unable to pay it, it does not state that despIte numerous requests we have not been issued with documentation to prove OH is responsible for the debt and a valid document of proof of amount has not been issued despite requests for both of these in all correspondence to them this has never been done.
An Endorsement stating that the petition was presented to court on FEb /2011 and that the petition will be heard on March **2011 , this being the reason for4 the strange comment on the 1st page of the letter whereby it states that the hearing is NOW May 2011.
On the Statement of Truth of Statements in Bankruptcy Petition;
IT CLEARLY STATES:
1st CREDIT (FINANCE) LIMITED V ********
THIS IS INCORRECT AS THE CREDITOR IS 1ST CREDIT LIMITED AS IS STATED ON ALL COURT DOCUMENTS AND LAND REGISTRY DOCUMENTS, AND LETTERS ADDRESSED TO OH.
1st Credit (finance) Limited for a bankruptcy order in respect of OH dated January 2011 are true to the best of my knowledge and belief a court form called a General form of judgement or order is also attache to the letter and states that Upon READING A LETTER FROM -- 1ST CREDIT(FINANCE) LIMITED IT IS ORDERED THAT THE PETITION HEARING IS ADJOURNED UNTIL May 2011 and shall be deemed as served on 2nd day after posting.
OH has already had interviews with OR , I did however mention that I AM LOOKING INTO HAVING THIS ANULLED AS IT SHOULD NEVER HAVE BEEN BROUGHT AND MORE TO THE POINT ON THE JUNE 2011 1ST CREDIT LTD IS STILL UPON DOCUMENTATION RETREIVED FROM THE LAND REGISTRY OFFICE AND IS STILL STATED AS RESTRICTED.
HERES HOPING SOMEONE CAN TELL ME WHAT ROUTE I GO DOWN FOR AN ANULLMENT TO OH,S BANKRUPTCY, AS THEY R AFTER OH EQUITY AROUND 50K AND DEBTS INCLUDING THE DISPUTED 1ST CREDIT LIMITED ONLY AMOUNT TO 10K WHICH IF 1ST CREDIT LTD CAN NOT ISSUE DOCUMENTED PROOF OF DEBT AND A DISPUTED AMOUNT OF COUNCIL TAX GETS SORTED HIS OUTSTANDING DEBT WOULD ONLY BE AROUND 3K,.......... PLEASE CAN SOMEONE ADVISE ME WHAT THE NEXT STEP SHOUD BE:mad::mad::mad:
Hi everyone was wanting some urgent advice, in MAY 2006 OH received a document from the land registry stating that an application had been lodged by *************** on behalf of 1st Credit Ltd, we had been customers of the company they stated for a few years before 2002 and had all payments taken by direct debit from our bank account.
We know that we had settled our account with them in full by way of a loan granted to myself from our bank, but had no paperwork or documentation as proof of this, and neither of us can remember signing for anything after the settlement.
I have been on health related benefits since 1995, namely SDA & DLA mobility and care allowance,then in 1997 husband was told by DWP medical that he was unable to work because of a back injury, benefits were paid directly into a bank account.
In March 2002 after being approved for a loan of £10,000 from our bank, whereby the bank stated that as my benefits had been paid directly to our account regularly for the last 5 years this would be looked upon as guaranteed income.
The loan was approved in my name with my benefits taken into account, I received the money on March 1st 2002 and settled our account with the company stated in full by way of a cheque dated March 2002.
The above can be verified by bank statements I have in my possesion from 1996 onwards,[bank charges case won nearly £4,000 in 2007], then made a request for all statements from onset of the account up to and including 2006.
This has equipped myself with all the documented evidence I needed to prove that something was not right, and that I was correct to ask for documented proof that OH had actually signed for this loan and verification of the amount they were requesting.
I wrote to them on more than one occasion requesting documented proof that my OH had signed for this debt and also requested proof of the amount paid and the amount outstanding, despite numerous requests for the above they have never produced any documentation at all regarding the debt or the amount being asked for, nor have they directly answered any of the letters I have sent.
OH received a document from the Land Registry dated May 2006, within the letter it stated : the application was lodged by *********** and stated the following:
[/05/2006]Restriction and a written notice of disposition was given to 1st Credit Limited care of ********** being the person with the benefit of an interim charging order on the beneficial interest of OH.
Further documentation came addressed to OH by way of a letter dated 19th June 2006, from ******** stating that they were acting for 1st Credit Ltd whom you are indebted to the sum of
£4824.48, this debt is subject to a Judgement dated December 2005 and a final charging order was made on June 2006, enclosed is a copy of the final charging order against your property.
It further stated a number of options open to OH by way of
1) Re-Mortgage:
You may be able to effect a remortgage of your property to release sufficient funds to clear our clients debt, as this would clear your debt by one single payment our client would be prepared to offer some discount from the total due.
2) Monthly repayment:
subject to you completing(and returning to us in the SAE) the enclosed Income and Expenditure form we can say that our clients would consider accepting repayments by monthly standing order an offer that paid the debt in full over a 3 year period.
3) Lump sum and monthly payment:
It may be that your finances do not allow a full and final lump sum or for you to make an acceptable monthly repayment offer, you may be able to offer a reduced lump sum and monthly offer, again this would be subject to receiving the completed income and expenditure form enclosed and would be over a period of no longer than 3 years.
We hope you will accept one of the proposals as our client does not wish to take further court action if we do not hear from you within 14 days they will be left with no alternative, and any such action will be taken without further notice to you.
We would point out that this is an open letter meaning our client can produce this in court to demonstrate that they have done all possible to resolve matters without further court action.
I myself received a letter from **************, stating that an interim charging order was obtained against OH, and that they now enclose a sealed copy of the Final Charging order obtained against our property:
Re: Epsom County Court
Case No: *******.
The Final charging order dated June 2006 Deputy District Judge sitting at Epsom County Court heard solicitors for claimant and there being no appearance by the Defendant
No notice of objection filed
the court orders that:
1) the charge created by the order made on the April 2006 shall continue.
3) The interest of the Defendant in the asset described below stand charged with payment of the sum of £4,***,**the amount now owing under a judgement or order given on the December 2005 by the Northampton Bulk Centre County Courtin claim no: ******** together with any further interest becoming due and £209.00 the costs of the application.
3) the costs are to be added to the judgement debt.
The reason that there had been no appearance from OH was due to not being informed of this claim and was not informed of the case stated on December 2005 at Northampton Bulk Centre, to which we have never had any documentation, but I have noticed that the claim no given is EXACTLY the same as the no given upon this claim which was heard at Epsom not Northampton.
The statement at 1) charge created by order made April 2006 shall continue ; OH nor myself have never been informed of this or any of the statement made at 3)(think this should be 2) which they seem to be unable to state whether it was an order or a judgement obtained on December 2005 by the Northampton Bulk Centre, claim no: ***** which is exactly the same claim no that is quoted on this document which was heard at Epsom County Court.
I did reply by way of a letter to the letter sent to myself from *********, stating that I REQUEST THAT EVIDENCE BE PRODUCED for perusal by way of an agreement signed by OH and documentation to prove the amount stated be forwarded to either myself or OH as soon as possible, after which OH would make proposals to clear the debt .
We heard nothing again from anyone until OH received a letter dated Jan 2008 from 1st Credit headed paper which stated that 1st credit Ltd / 1st Credit (Finance) Ltd has a final charging order over your interest in your property.
We are disappointed that you have failed to put forward and maintain acceptable proposals for the repayment of this debt, have instructed house solicitors LCS to take appropriate steps to obtain payment of the judgement debt,this could include a claim in the County Court to enforce the charging order by seeking an order for possession resulting in the sale of your property.
To avoid further action please call LCS solicitors directly Tel no: given within 7 days to discuss your pmt proposals, it also stated that as you are a homeowner, and a regular income of £10,000 per annum LCS could introduce you to Black and White, please call LCS on( Tel no given again)and if you wish they can transfer you to them.
Black and White are an award winning company who specialise in tailored financial solutions furthermore I must make you aware that LCS are an authorised introducer to blac kand white.co.uk you must contact LCS within the next 7 days re amount owing which has now risen to £4,***,*.
I sent a letter dated Feb 2008 in reply to the above stating that they have been asked on numerous occasions to furnish me with documentated proof of signed agreement and also a valid account of payments made and balance remaining,upon this documented evidence proving that I am the owner of the debt in question , then I will make an offer to repay the sum owing.
I also explained on health related benefits at the moment so could not offer more than £10 per week until financial situation improves but this woulld only be done upon the confirmation of documents that have been requested on numerous occasions, awaiting reply letter sent to p.o. box reigate .
Heard nothing in reply to my letter sent Feb 2008 from this company, then OH received yet another letter dated Oct 2009,
on headed paper stating 1st Credit stating find attached your latest annual statement detailing all financial transactions from 2008 - 2009.
Should you wish to discuss this further please do not hesitate to contact us on the tel no given details enclosed within this letter are for your information and woud encourage you to read through them if you are not currently paying your account and are experiencing financial difficulties please tel us on no given.
All that was stated on the document was statement no 1 and the dates it corresponded to, they had stated within the letter that it was the latest statement but the statement states it being the 1st statement sent to OH.
Nothing was mentioned or refferred to re our requests of confirmation of signed agreement and documented proof of valid amout owing, this request was 1st made back in 2006 yet still 2 years later we are still awaiting this proof.
anyway to cut a long story shorter (lol lol) OH received a Stat Demand under section 268(1)(a) of the Insolvency Act 1986 stating that the creditor was 1st Credit (Finance) Ltd address different to Reigate.
Every document received so far including court documents and the land registry entry state the creditor as 1st Credit Ltd and not 1st Credit (Finance) Ltd, it further stated that the creditor claims sums owing of £4,***,* full particulars set out on page 2 and is payable immediately to the extent of the sum demanded, is secured
Then it states by a judgement of the Northampton County Court inproceedings entitled (claim) Number******* between 1st Credit (finance ) Limited Claimant and OH Defendant it was adjudged that you pay to the creditor the sum of ******* and £212.00 for costs.
The above paragraph has stated Northampton County Court NOT Northampton Bulk Centre County Court as stated on the final charging order dated June 2006, and the claim no: used here is *****, whereby this claim no : was stated as the one used at Northampton Bulk Centre supposedly on Dec/20025 but was actually the claim no: used for the final charging order at Epsom county court on June 2006 but there is an added digit as they r too much alike for coincidence *******as opposed to ****** stated on the stat demand.
The creditor demands that you pay the above debt or secure or compound for it to the creditors satisfaction.
date : November /2010
*position with or relationship to creditor: Legal Collections Manager
* I am authorised to make this demand on the creditors behalf
Address: 1st Credit Ltd, The Omnibus Building,Lesbourne Road,
Reigate, RH2 7JP
N.B. The person making this demand must complete the whole of pages 1,2 and parts A,B and C (as applicable) on page 3.
after reading the particulars of debt on page 2 :
errors are as follows :
1) states the Creditor as :
1st Credit (finance) Limited when all other documentation state 1st Credit Ltd as the Creditor,
2) 21/11/2003 Associates assigned its debt with the debtor to 1st Credit (Finance ) Limited a notice of this was sent to the debtor to inform him of this , never have I or OH received such notification the first letter we received was from the Land Registry DATED May /2006 , followed by a letter from ******* dated June 2006.
3) On various dates the creditor has attemted to recover the outstanding balance of the account using telephone calls and letters however it was unsuccessful and the debtor failed to pay monies due and owing, have not stated the amount of times that we have written to them requesting confirmation of this debt with valid documentation to support the claim and valid documentation as to the amount that they are claiming.
This request has never been addressed at all despite requesting this within all correspondence to date, also during a phone call whereby I answered the call, they were bombastic ignorant and really rude as I explained that my OH would not pay anything until the documentation to prove the debt and the valid amout owing had been received.
I stated that we have requested this on numerous occasions and upon this being done, and us being satsfied that we do owe the amount stated, OH would be able to offer £10 per week until circumstances improved as we are on health related benefits, this was stated as unsatisfactory and that they would be looking at no less than £100 per week otherwise they would be petitioning for his bankruptcy, and then rather snottily asked me what will you and the family do then.
I ENDED THE PHONE CALL BY ONCE AGAIN REQUESTING POSITIVE DOCUMENTATION BE PROVIDED AND A VALID DOCUMENT TO STATE THE AMOUNT OWED BEFORE ANY PAYMENT WOULD BE MADE, I was then told make sure you look after OUR PROPERTY for us wont you and they ended the call.
OH did not reply to Stat demand but then received a letter dated February /2011 from a company called Assist stating an agent from their company has attended previously in order to serve him with a bankruptcy petition on behalf of 1st Credit(Finance)Ltd pursuant to the I.A 1986 then stated he had been unavailable when they attended (Not suprised at this statement) then went onto state a further attendance will be made on Friday *** February 2011 and a time stated and are required to inform him that should he fail to keep this appointment an application MAY be made
to Court for Substituted Service of the Bankruptcy Petition.
Waited in all day on the **th but no one turned up , we agreed that when they arrived I WOULD RECORD THE CONVERSATION BETWEEN OH AND WHOEVER AS HE WAS GOING TO QUESTION HIM AS TO WHY DESPITE NUMEROUS REQUESTS HE STILL HAD NOT BEEN ISSUED WITH ANY DOCUMENTED PROOF THAT HE OWED THE DEBT IN QUESTION AND EXACTLY HOW MUCH , AND TO STOP INTIMIDATING ME BY PHONE.
OH THEN RECEIVED A HAND DELIVERED LETTER, WHICH AFTER MYSELF ANSWERING THE DOOR A MAN ASKED FOR HIM TO WHICH I replied that he was not here , so then the man took a step forward and thrust an envelope at me which I purposely let fall to the floor whereby I noticed the envelope was not sealed and had been handwritten.
On his return OH read the letter from A COMPANY CALLED ***** Law stating that they had been instructed by :
1st Credit (Finance) Limited to issue bankruptcy proceedings against him and enclosed by way of service on him a bankruptcy petition date of hearing is now May 2011.
After reading the letter I pointed out to OH that once again it was stated that 1st Credit (Finance) Limited of London Not 1st Credit Ltd Reigate as stated in all previous court and correspondence .
state claim no; from court case dated Dec /2005 which we were never informed about.
The claim no: used for the Final charging order at Epsom County Court dated june/2006 was , the letter admits that the creditor holds security for payment of the sum of £4,***by way of a final charging order dated June 2006 made at Epsom County Court no claim no: is given here, it further states,as is shown below the creditor will release such security for the benefit of all creditors in the event of a bankruptcy order being made.
It then states that the above mentioned debt is for a liquidated sum payable immediately and the debtor appears to be unable to pay it, it does not state that despIte numerous requests we have not been issued with documentation to prove OH is responsible for the debt and a valid document of proof of amount has not been issued despite requests for both of these in all correspondence to them this has never been done.
An Endorsement stating that the petition was presented to court on FEb /2011 and that the petition will be heard on March **2011 , this being the reason for4 the strange comment on the 1st page of the letter whereby it states that the hearing is NOW May 2011.
On the Statement of Truth of Statements in Bankruptcy Petition;
IT CLEARLY STATES:
1st CREDIT (FINANCE) LIMITED V ********
THIS IS INCORRECT AS THE CREDITOR IS 1ST CREDIT LIMITED AS IS STATED ON ALL COURT DOCUMENTS AND LAND REGISTRY DOCUMENTS, AND LETTERS ADDRESSED TO OH.
1st Credit (finance) Limited for a bankruptcy order in respect of OH dated January 2011 are true to the best of my knowledge and belief a court form called a General form of judgement or order is also attache to the letter and states that Upon READING A LETTER FROM -- 1ST CREDIT(FINANCE) LIMITED IT IS ORDERED THAT THE PETITION HEARING IS ADJOURNED UNTIL May 2011 and shall be deemed as served on 2nd day after posting.
OH has already had interviews with OR , I did however mention that I AM LOOKING INTO HAVING THIS ANULLED AS IT SHOULD NEVER HAVE BEEN BROUGHT AND MORE TO THE POINT ON THE JUNE 2011 1ST CREDIT LTD IS STILL UPON DOCUMENTATION RETREIVED FROM THE LAND REGISTRY OFFICE AND IS STILL STATED AS RESTRICTED.
HERES HOPING SOMEONE CAN TELL ME WHAT ROUTE I GO DOWN FOR AN ANULLMENT TO OH,S BANKRUPTCY, AS THEY R AFTER OH EQUITY AROUND 50K AND DEBTS INCLUDING THE DISPUTED 1ST CREDIT LIMITED ONLY AMOUNT TO 10K WHICH IF 1ST CREDIT LTD CAN NOT ISSUE DOCUMENTED PROOF OF DEBT AND A DISPUTED AMOUNT OF COUNCIL TAX GETS SORTED HIS OUTSTANDING DEBT WOULD ONLY BE AROUND 3K,.......... PLEASE CAN SOMEONE ADVISE ME WHAT THE NEXT STEP SHOUD BE:mad::mad::mad:
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Comments
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I am no expert but i think you need to URGENTLY speak to the CAB and a solicitor, this may not even be your debt. The fact that you never received court papers is quite important. Could you also take out all the personal names etc from your post, you shouldn't have them on on an open forum for your own benefit. Please speak to CAB or a solicitor and Shelter might be able to give good advice as well.
Good luck, I would also say don't ignore anything now, you must fight back to sort this out.More than Two Years in
Doing it the Niddy way:j:j:j0 -
Please also remove case numbers, exact amounts, and specific dates.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
WOW, very long post, it sounds personally like you need to seek legal help concerning this matter. I cant understand what you are going through and how much of a brick wall you are up against.
Again I would highly recommend seeking proffesional legal help concerning this matter.I all have learnt is from others on many sites.
Seek legal help if unsure.
Dont pay Private Parking tickets - they are mere invoices.
PRESS THANKS
}0 -
Possibly also contact 42man on CAG.
He was made bankrupt by 1st Crapit, fought back, and got it annulled.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
thanx to all have omitted details as stated and will be going to CAG l8r today, I have been a reg user of the CAG site for a few years now but prefer this site for my own reasons will keep you all posted and thanx to ferni for copying this to the bankruptcy forun as well
junkimunki xxxxx0 -
Sounds very strange this. Am I right you are saying:-
1) You have no paperwork or documentation as proof of your full and final? No offer letter? Acceptance letter? Confirmation letter? You never checked your credit file to see if it had been updated?
If true you may have some trouble convincing a judge you actually did a F&F.
2) You were not informed by the Court of the case? You never received any documentation? The letters before action? the summons? The interim charging order letter? The charging order letter? You didnt get any of them? Thats plain weird. Once again, not sure a court would believe the post office are that incompetent. Did you have any proof other mail was going missing at that time? I think those letters (or most) would have been sent by the court so its them, not the DCA you are calling a liar. Be careful, a judge wont like that.
If you have equity of £50k and debts of £10k, have you considered selling, clearing your debts, moving into somewhere smaller/rented and being debt free? A lot less stressful.
Fred0
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