Please Can Someone Help With Annulment of my Bankruptcy

[confused?]

Hi everyone, well i guess that you may have realised by my username that i am indeed confused.

Im Also......

At my whits end with worry anger and general head spinning, dissapointed in the legal system set up to supposedly protect us, dissapointed in the country that i protected in my millitary service disapointed in the whole system that has turned its back on me in my hour of need.

My world is upside down, back to front, lob sided and inside out. I feel im on the verge of loosing everything including my little sanity i have left.

My energy is drained and i think a call to the smaritans may tip me over the edge.

Yet i Keep a full time 'high responsibility' job so i can pay £512 a month to the OR for the next 3 years.

I pay the mortgage thats curently in neg equity, in order to keep my house from being reposessed, just so the OR can Sell it in 3 years when the council releases equity in the property that i was discounted on the Right To Buy Scheme.

Ive been made Bankrupt! I didnt know about it untill the order was made And i need Help big time if any one can help me try and get it anulled.

I will post my quieries soon in hope that someone can help me out of one big mess.

Thanx in ADvance.

Sorry for any Typos im crap at spelling :-)


Confused?

My story starts here.....
http://forums.moneysavingexpert.com/....php?t=2662827

[confused?]

Re: Please Can Someone Help With Annulment of my BR

Where im at at the minute.....

I am Bankrupt i have seen the official reciever and they have put a restriction on my property with the land registry. The house is valued at 79k
i have a 71k mortgage

if sold now i would have to pay 15k discount to the council, making the total pay back amount including fees aproximately 89k.

in 3 years the discount will be released making the amount payable if sold aproximately 72k ish giving an estimated equity of 7k.

my partner owns half so call my intrest in the property in 3 years time 3.5k which they are proposing to wait for.

they have no intrest in any of my other belongings etc...

they have no intrest in my car.

they have proposed an income payment order of £512 per month for 3 years which i can not afford.

i have a baby of 7 months, and a partner that is dependant on me.


The debt i do owe and was paying....

I owe 4k to the princes trust
I owe 10k to the halifax


The debt i have had no contact with in more than 6 years and thought were non enforcable..

HFC 1k
HFC 1.5k

(i believe these HFC accounts at some point may have been combined by them and purchased by Lowell who have made me bankrupt however im un certain on the status of these accounts as i have had no contact in over 6 years about these accounts).

Black Horse 3.5k Approx, i lost my job and had payment protection on this account. they needed a signature from my old boss who wouldnt sign.

I told Black horse that they should claim on the insurance.
i Never heard from these since then. and dont know the status of this account.
no contact has been made in above 6 years.

Debt settled but still persued...

Clydesdale 1.7k settled in 2004 (shown on credit file) persued by HFO Services even when notified. sum persued 3.5k

Verbal and postal and telephone threats of litigation balifs have been made on me

Even when i have explained this.

Total if all was valid 23.5k


Action Taken.

I have sent in requests for information to lowell and HFO.
I have sent request for CCA's to both HFO and Lowell
I have sent halifax letters asking to hold action.
I have asked princes trust to write off the debt if possible.
I have stiill had no contact with Black Horse.

I have told the OR i want to get the order annuled
I have told the creditors im pushing for annulment.

The court are sending me letters to fill out.

Help Needed.

I need help filling out the request for anullment
I need help filling an affadavit.
I need help filling out an income and expendature form to try reduce the Income payment order, incase the Anullment Fails
I need advice on how to get the OR to transfere intrest in the property to my partners name lifting the land reg restrictions.


Reason for anullment.

I believe a stat demand should have been issued if this was the intention of lowells and made clear.
I believe that i should have been notified of the intention to put in a petition for bankruptsy. At very least through the post.
I believe i should have been able to attend the hearing to defend.
I believe the debt should have been un enforseable. and time bared if it was the debt i suspect it may be.
I believe if it was enforceable and it was mine that i could have paid it in full (before all my other debt was added to it).

Events leading up to Bankruptsy.

MAn knocks at door says he's from some company, (i cant remember who he said but not lowell or HFC)

I said i didnt know what he was on about and asked him to leave.
he left.

He never issued any documents or said his intentions.
he came back and posted a letter with no business neme or details of the supposed debt saying he would return the next day to issue a stat demand.

My partner rang me saying he was parked outside the next day.
my brother inlaw asked him what he wanted.
he said to talk to me.
my broter in law said come back when im in.
he left and didnt return.
He never posted any documents at all. no documents were recieved by me or anyone in my household. no notification was served.

At this point i didnt even know what it was for who he really was and who the supposed stat demand was to be served on behalf of.

I thought that was the end of it as he didnt wait for me to get home.

a month or so later he woke me up knocking at aprox 0830am on a saturday
i told him if he didnt leave i would call teh police as he was trespassing.

he briskly walked out of the gate and i followed him.
I aksed him who he was in which he gave me his name.
i asked him where he was from as i did the first time i saw him.
he said im from county court.

i told him to go as i knew he was lying, he had said he was from a totally different place the first time i saw him.

he never issued me with any documents or forms or letters.

he left without saying why he was here again.

That was the last time i saw him.

a couple of month later i had a letter from the insolvency service saying i was bankrupt.

as you can imagine i was shocked. i had my interview and lots of tooing and froing later here i am.



If anyone can help it would be greatly apreciated

[Curlyben]

Re: Please Can Someone Help With Annulment of my BR

Sorry to say, but we are seeing an increase of these underhand filings from DCA's. Most notably 1st Credit, Lowell and Capquest.

the bankruptcy order should not have been made, for example because the proper steps involved in obtaining the order were not followed; or

I'm willing to bet the original Stat Demand was FULL of holes, as DCA's are generally lazy.
You clearly didn't have any notification of this process.

Hopefully this should help you: Bankruptcy - Can my bankruptcy be cancelled?

Do you have any idea exactly who issued the SD and for what debt ??

[Amethyst]

Re: Please Can Someone Help With Annulment of my BR

Posted this on the other thread before I saw this one, so along with Curls questions...

Howdy, Had a look at your thread on MSE, quite long and sounds like things are a bit confused. Anyway lets try get the basic gist of it;

1) Lowells got a stat demand through to Bankruptcy Petition on a stat barred debt.
2) Lowells (via HFO?) did not serve you with the stat demand either by post or by hand.
3) Debt was £2500 and you think it was for an overdraft with Natwest made up of bankcharges.
4) You havent done anything yet barring going along with the process of bankruptcy with the OR.


Does that sum up the basics ?

[confused?]

Re: Please Can Someone Help With Annulment of my BR

Sorry to say, but we are seeing an increase of these underhand filings from DCA's. Most notably 1st Credit, Lowell and Capquest.


I'm willing to bet the original Stat Demand was FULL of holes, as DCA's are generally lazy.
You clearly didn't have any notification of this process.

Hopefully this should help you: Bankruptcy - Can my bankruptcy be cancelled?

Do you have any idea exactly who issued the SD and for what debt ??

I read thru the stat demand sheets(I had to get these from the court) but don't know what to look for in regards to holes. The guy who supposedly served it deserves to be thrown in jail.

I do have statement of truths from the supposed server his name is Thomas fisher. I don't know who he works for to this day.

I think the debt is hfc related. However I had once had two accounts with them and neither were for ammounts similar to the debt Lowell say I owe. And I have not heard from either for over 6 years at least.
------------------------------- merged -------------------------------

Posted this on the other thread before I saw this one, so along with Curls questions...

Howdy, Had a look at your thread on MSE, quite long and sounds like things are a bit confused. Anyway lets try get the basic gist of it;

1) Lowells got a stat demand through to Bankruptcy Petition on a stat barred debt.
2) Lowells (via HFO?) did not serve you with the stat demand either by post or by hand.
3) Debt was £2500 and you think it was for an overdraft with Natwest made up of bankcharges.
4) You havent done anything yet barring going along with the process of bankruptcy with the OR.


Does that sum up the basics ?

Almost,
In a nutshell,

Lowells instructed hamiltons to issue stat demand on stat barred debt That was said to be an old HFC account
No docs were issued.
Never knew intentions
Lowel instructed hamiltons to petition
No docs were served.
Made bankrupt.

(The hfo debt is a clydesdale acct what was settled in 2004 but HFO are still trying to chase it. This wasn't part of the petition or linked to the above).

I've sent letters asking for CCAs and sent subject access requests with correct payments but not yet replied to me.

Currently br wanting to challenge it

[confused?]

Re: Please Can Someone Help With Annulment of my BR

It's been 21 days or 14 working days since I sent my request for information and my request for CCA to lowells ( who made me bankrupt) and HFO who claim I owe a settled debt.

Lowell acknowledged reciept of the CCA request but that's all I've had.
Does anyone know what I should do now?

[confused?]

Re: Please Can Someone Help With Annulment of my BR

Is theer any chance someone can look over below figures please?
also if there is anyone who can help me, as i need to fill out my form for anulment, and also need advice on what to do next in regards to the creditors not replying in time allocated to sending Requests for information and CCA's

?

Many Thanks



Can i please first point out that it askes for household income therefore this is house hold expendature.
some figures may seem a little high but this is as it is both our expences.

My partner is Not bankrupt Only Me

Car insurance/Tax and Maintenance is for both cars unrelated to vehicle value but risk, which will go up this year also as we have both been involved in accidents.
We both need cars for work.

i fill up 1 time per week at approx £82.00pw = £328 on a 4 week month sometimes more eg £410 on a five week month.

My Partner fills up 1 x a month which is arround £65.00




Statement of Affairs and Personal Balance Sheet
Household Information
Number of adults in household........... 2
Number of children in household......... 1
Number of cars owned.................... 2
Monthly Income Details
Monthly income after tax................ 1875
Partners monthly income after tax....... 163
Benefits................................ 120
Other income............................ 129
Total monthly income.................... 2287
Monthly Expense Details
Mortgage................................ 420
Secured/HP loan repayments.............. 0
Rent.................................... 0
Management charge (leasehold property).. 0
Council tax............................. 80.58
Electricity............................. 80
Gas..................................... 80
Oil..................................... 0
Water rates............................. 30
Telephone (land line)................... 35
Mobile phone............................ 60
TV Licence.............................. 13
Satellite/Cable TV...................... 0
Internet Services....................... 0
Groceries etc. ......................... 430
Clothing................................ 80
Petrol/diesel........................... 400
Road tax................................ 34
Car Insurance........................... 120
Car maintenance (including MOT)......... 120
Car parking............................. 30
Other travel............................ 0
Childcare/nursery....................... 0
Other child related expenses............ 0
Medical (prescriptions, dentist etc).... 30
Pet insurance/vet bills................. 20
Buildings insurance..................... 15
Contents insurance...................... 20
Life assurance ......................... 30
Other insurance......................... 0
Presents (birthday, christmas etc)...... 30
Haircuts................................ 25
Entertainment........................... 0
Holiday................................. 50
Emergency fund.......................... 20
(Unnamed monthly expense)............... 0
mortgage payment protection insurance... 25
Total monthly expenses.................. 2277.58

Assets
Cash.................................... 800
House value (Gross)..................... 79995
Shares and bonds........................ 0
Car(s).................................. 1000
Other assets............................ 0
Total Assets............................ 81795

Secured & HP Debts
Description....................Debt......Monthly.. .APR
Mortgage...................... 71000....(420)......0<
mortgage early repaym..........2900.....(0)........0<
Council Repayment RTB..........15000....(0)........0
Total secured & HP debts...... 88900.....-.........-
Unsecured Debts
Description....................Debt......Monthly.. .APR
Halifax Overdraft..............10000.....0.........0
P Trust .......................4000......0.........0
HFC ST BARRED> lowell..........1500......0.........0
BHORSE ST BARRED> NC...........4500......0.........0
HFC ST BARRED> lowell..........1000......0.........0
Total unsecured debts..........21000.....0.........-

Monthly Budget Summary
Total monthly income.................... 2,287
Expenses (including HP & secured debts). 2,277.58
Available for debt repayments........... 9.42
Monthly UNsecured debt repayments....... 0
Amount left after debt repayments....... 9.42
Personal Balance Sheet Summary
Total assets (things you own)........... 81,795
Total HP & Secured debt................. -88,900
Total Unsecured debt.................... -21,000
Net Assets.............................. -28,105

Created using the SOA calculator at www.makesenseofcards.com.
Reproduced on Moneysavingexpert with permission, using IE browser.

[confused?]

Re: Please Can Someone Help With Annulment of my BR

Can anyone help please im trying to put together an affidavit for annullment of my Bankruptsy order?

1. I was not ever Served with the Statutory Demand by any form of Service (DCA claimed substituted service).
   
   
   • The stat demand was served to a different court to the petition?(dont know if this matters).
     
     
   • The DCA Provided false and inaccurate information on their Affidavit. (i.e. method of service - substituted - hand posted, none actually served, on one line there is an unknown address quoted as the residence they sait they would visit isnt mine nor ever has been, they did say they served it to my address though later in the document, which they did not).
     
     
   
   
2. I was never Served / Advised / Notified of the Petition (by any form of service).
   
   
3. I was never Served /Advised / notified of my Hearing(by any form of service).
   
   
4. The Debt the DCA made me bankrupt for is questionable on the following grounds:-
   
   
   • The debt is a non aknowledged / unknownn debt. (The only accounts ive ever had with the supposed original creditor i believe have been left un aknowledged or persued or paid for over 6 years).
     
     
   
   
   • The debt is claimed to be a credit card. ( I have never owned a credit Card).
     
     
   • The outstanding balance figure is significantly different from any account ever taken out with the supposed creditor.
     
     
   • There is no reccord of the debt in my credit file of such debt,
     (Equifax,Experian other than a default by the CCA registered mid 2004).
     
     
   • NO CCA (The CCA, they claim is regulated under CCA 1974, has not been produced on request given timescales. Request and payment sent recorded follow up sent recorded ).
     
     
   • The subject access request has not been honoured as of yet (Request and payment sent ).
   
   
   

-------------------------------------------------------------------------------------------------------------------------------

[Amethyst]

Re: Please Can Someone Help With Annulment of my BR

Hi confused, you seem to have had a couple posts missed, I'm just putting the kids to bed but will try come back after thats sorted and have a look. Not sure I can help that much with the avadavit other than checking it through, but will def check through the IE info.

Curlyben or Cetelco are the best people to help with the stat demand set aside.

I will be back a bit later on ok, and my apologies for having missed your previous posts.

[confused?]

Re: Please Can Someone Help With Annulment of my BR

Hi confused, you seem to have had a couple posts missed, I'm just putting the kids to bed but will try come back after thats sorted and have a look. Not sure I can help that much with the avadavit other than checking it through, but will def check through the IE info.

Curlyben or Cetelco are the best people to help with the stat demand set aside.

I will be back a bit later on ok, and my apologies for having missed your previous posts.

Thanks Amethyst Much Appreciated

[WendyB]

Re: Please Can Someone Help With Annulment of my BR

Hi Confused, meant to reply to this before but my computer crashed then I forgot, sorry!

Anyway, am I imagining it or is your OH out of work at the moment? Only I've noticed from your IE that you have PPI on your mortgage. Could you possibly make a claim against the PPI and get the mortgage paid? No point in having PPI if you can't use it is there?

[Amethyst]

Re: Please Can Someone Help With Annulment of my BR

Still not sure which debt they have put to stat demand. you think its the Clydesdale debt (that hfo had and was paid off previously) ? or have they said its the HFC debt ?

[Nibbler]

Re: Please Can Someone Help With Annulment of my BR

From the MSE thread, it appears that the debt was statute barred when bankruptcy proceedings were started?

Just trying to catch up. :o

[confused?]

Re: Please Can Someone Help With Annulment of my BR

Still not sure which debt they have put to stat demand. you think its the Clydesdale debt (that hfo had and was paid off previously) ? or have they said its the HFC debt ?

Hi There Amethyst,
Thanks for your help, im currently all over the place trying to get this anulled, ive been down almost every road and it all leads back to the anullment.

(I would ignore the HFO debt for now this was settled in 2004, 100% they are just trying it on, i have proof on my credit file and will addres this later :-))


DCA1 have made me bankrupt for a debt they claim they bought from HFC .

They havnt produced a Credit Agreement in regards to this debt and i still to this day dont know what its for as they claim it is a credit card and i have NEVER had a credit card let alone one with HFC.

I once had 2 accounts years ago but i believe these to be Statute Barred, as no aknowledgement or contact in regards to it in more than 6 years and there is no reccord of these on any of my credit files.

I have no information to link the DCA1 debt to these other accounts and have requested my Credit agreement from lowell who have not yet submitted this to me. and are in breach of the CCA 2007.

So:-
DCA 1 claim to have bought a debt from HFC

(There are two County courts involved which for the moment i'l put A & B)

• They presented a stat demant to the C/Court (A) without my knowledge,

• They then presented the petition to the C/court (B) without my knowledge

• The hearing at the C/court (B) was done without my knowledge.
• I was made bankrupt at C/court (B) without my knowledge.

The first time i heared about it was when the OR sent me my Bankruptsy Order Papers and interview date through the post.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I am currently seeking advice on the paperwork to go to court and get it annulled, and looking for any other grounds that i can use to back up my case.

I then need to put it in an affadavit and take it with the fees to court , and sware on oath.


Any help is imensely appreciated i can assure you,
Thanks
C?

[confused?]

Re: Please Can Someone Help With Annulment of my BR

Hi Confused, meant to reply to this before but my computer crashed then I forgot, sorry!

Anyway, am I imagining it or is your OH out of work at the moment? Only I've noticed from your IE that you have PPI on your mortgage. Could you possibly make a claim against the PPI and get the mortgage paid? No point in having PPI if you can't use it is there?

hi there WendyB,
Thank for your time,

My OH currently works but only does 6 hours, she looks after the little one hense the really low income, shes not entitled to any JSA or Inc Support if she leaves work. and PPI wouldnt be valid if she left.

It also costs more than she earns to put the little one in child care, and at the moment the OR would take surplus if she did more hours.

She also isnt on the PPI for the mortgage, Yet?
thats just on my income, if work made me redundant i'd be on a winner for 12 months, but they wont.

If i can get it annulled it would benefit me sooooo much more than sitting it out.