Bankruptcy order for 950.00

[cassie53]

Hi, came home to find a Bankruptcy order facing us for the above amount. Apparently they had handed us a Statutory Demand back in feb 2010 (but today on the phone they told us that they had never given it to us) so they have taken a bankruptcy order again my husband. We have been given advice to pay the money (£950) to the court, but the court will not accept it, so now we have been told to pay the company direct, and take photo copies etc so that when we go to court we can prove we make attempts to pay (if the company does not accept the check, as when my husband spoke to them today they wanted another 500 pounds for court costs). I need advice on how to word the letter, and also what do I do if they send it back?/ If anyone is around I would really like some advice as my husband wants to get this on the way once he gets home about 5.00pm. So looking forward to hearing your advice.

Many thanks

[Caspar]

Re: Bankruptcy order for 950.00

What was the debt for? It's unusual to be made bankrupt for this amount unless it's HMRC?

[cassie53]

Re: Bankruptcy order for 950.00

Hi, it is for capital one, and it is lowell

[Caspar]

Re: Bankruptcy order for 950.00

So let me make sure I've got this right. They openly admit you have not received a Statutory Demand? Yet ehy are insisting you pay.

This sounds to me, in the lack of other evidence to the contrary, that Lowell are using the threat of a supposedly served (and now confessed as not served) Statutory Demand to make you pay. If my understanding of bankruptcy is correct you cannot be made B/k without a valid Statutory Demand being served on you.

A few DCA's are, against OFT guidance, using SD's as a way of bullying the debtor into paying. The SD costs them nothing, but the process after that does cost them. My suspicion is you're being duped.

Have a read here:

How am I made Bankrupt? / Bankruptcy / The UK Insolvency Helpline

[cassie53]

Re: Bankruptcy order for 950.00

We have been so worried, but they said they tried to issue the sd on 10th feb 2010 and no one was there to collect it. But spoke to national debline today as they said to pay the amount to the court, but contacted the court and they said they would not accept it, so contcted the national debtline again, and they said pay it to the creditor the amount issued in the bankruptcy petition, photo copy everything, and also get a form from the court 6.19, to contest it mentioning about the sd not being delivered etc. Honestly it has been a nightmare. So we have done that, and now have sent the cheque off. So don't know what will happen now. But I just could not believe it, and I have searched everywhere but cannot see any contacts who have had this problem.

Appreciate your help.

[CleverClogs]

Re: Bankruptcy order for 950.00

Please contact the court tomorrow and ask if the case has been heard.

Please post here what they tell you.

If you can scan the alleged bankruptcy order, please post it here, as it seems Lowells have now become even more nasty and duplicitous than ever.

[cassie53]

Re: Bankruptcy order for 950.00

Hi,

No I have already contacted the court, as national debtline said to pay the money at the court, it is all legal my husbands name was there, and she confirmed that we are booked in, and I read pieces of it out to her and it is all bona fide. She is sending me the 6.19 form so that we can contest the way this has been handled, I told her that we had been told that the sd was never delievered. but of course it was over the phone, so we cannot prove that.

[CleverClogs]

Re: Bankruptcy order for 950.00

From the way this was done, your husband may be entitled to damages from Lowells.