Help: being made bankrupt in 2 weeks time. WON!!!!

[chgc]

Hello I am hoping that someone on this brilliant forum will be able to advise me what action I can take if any to prevent being made bankrupt in 2 weeks time.
BW Legal on behalf of Lowell's claim I owe 12k that has been outstanding since 2010. As I had no idea who Lowell's were, I ignored their mail and when I received a SD from them I very foolishly ignored it. As a result, they have now issued a petition to make me bankrupt.
i have sent a letter via special delivery to Lowell & BW Legal with £1 po's requesting a true copy of the CCA and the 12 days reply deadline is in 3 days time. I Also stated that I did not acknowledge the debt. I do not believe that Lowell's have the correct legal standing to this debt and I intend to object to the petition within 7 days from the court hearing. Can I be made bankrupt if Lowell's cannot produce a copy of the CCA signed by me in 2001 for a credit card? Experian rating for my self today is 999 Excellent. However the report does show this debt as a defaulted debt under Lowell's name but no sign of the original bank creditor on my report. I did receive a letter of debt reassignment from the bank to a DCA that is not Lowell's and has no connection to them and they did write to me requesting payment About 1 year ago. It looks like this DCA may have then sold on to Lowell's.
So I need to find out where I stand as regards to if they do not respond with a SIGNED copy of my CCA? Can they prove to the court that they have the correct legal standing to this debt and can therefore use the court of insolvency to collect this debt and make me bankrupt to collect it? Thank you in advance for any help or advise you can give me.

[mollyandjake]

Re: Help: being made bankrupt in 2 weeks time.

Hi firstly I am a newcomer to this site like you, although I must say in my opinion that you have definitely come to the right place, I know very little about stat demands etc (only what I have learnt from this site in the past few days) so won't give any advice other than to contact Kate a.s.a.p and include a daytime telephone number, you can find the contact details on the below thread -

Posts 1,9 & 11 here http://www.legalbeagles.info/forums/...ands-READ-HERE

[Amethyst]

Re: Help: being made bankrupt in 2 weeks time.

Have they given you a copy of (served) the petition and you have a hearing date in two weeks ?

[chgc]

Re: Help: being made bankrupt in 2 weeks time.

Yes they sent me a copy of the petition for bankruptcy by 2nd class post and yes I have all the details of the hearing at court which is in 2 weeks time. Any information that you can give me regarding what they actually need to be able to successfully serve this petition and make me bankrupt would be gratefully received.

[suffering]

Re: Help: being made bankrupt in 2 weeks time.

This is what someone HAS to do to make you bankrupt (it is the law) it is vertually impossible to comply with, and so most petitioners do not comply, but sign a document and submit it to court saying thay have. This is contempt of court and very serious. Write a letter to lowell's and demand proof that they have carried out the three search's or you will report them to the court, for contempt. In the unlikley event they have complied, a
ask for proof of the debt and ask for an ajournment whilst you seek legal advice use what ever means necessary to get an adjournment. Then they have to do the searches again to comply with the 18 month period. (this is powerful stuff).
The petitioning creditor shall, before presenting a petition, conduct asearch for petitions presented against the debtor in the previous 18
months (a) in the Royal Courts of Justice, (b) in the Central London
County Court and (c) in any county court which he believes is or was
within that period the debtor’s own county court within the meaning of
rule 6.9A(3) and shall include the following certificate at the end of the
petition:
“I/we certify that I/we have conducted a search for petitions presented
against the debtor in the period of 18 months ending today and that [no
prior petitions have been presented in the said period which are still
pending] [a prior petition (No [ ]) has been presented and is
pending in the [ Court] and we are issuing this petition at risk
as to costs].
Signed .. Dated .”.
Now go to this web and it will explain it http://tremark.co.uk/news-a-views/36...ing-a-petition

[suffering]

Re: Help: being made bankrupt in 2 weeks time.

I should add that. Non-compliance with a Practice Direction could also be a reason for the Court striking out a Bankruptcy Petition as an abuse of process under CPR 3.4(2)(c )

[chgc]

Re: Help: being made bankrupt in 2 weeks time.

Wow that's a lot of info for me to consider, thanks so much for your help, Can you tell me if Lowell's do not have a true copy of my CCA and are unable to provide one, can they still make me bankrupt for this debt that they have purchased?
Bearing in mind that I have not admitted or acknowledged in any way this debt.

[Celestine]

Re: Help: being made bankrupt in 2 weeks time.

chgc - I would not rely on that alone to avoid bankruptcy.

If you want to email me your details (see link below) I'll see if I can stop this.

[QCKate]

Re: Help: being made bankrupt in 2 weeks time.

Don't ignore this chgc and if Celestine is offering to help, don't hesitate to take her up on it. Almost certainly she will be your best route to dealing with this.

QCK

[chgc]

Re: Help: being made bankrupt in 2 weeks time.

Thanks for the advice and I have sent an email off to Celestine.

---

Can anyone confirm for me if I have a CCA request receipt dated 18 Feb 14 then when will they be in default for not responding?

[suffering]

Re: Help: being made bankrupt in 2 weeks time.

I agree Celestine is your best long term solution. My plan works but it does'nt stop them coming back at a later stage

[Amethyst]

Re: Help: being made bankrupt in 2 weeks time.

Thanks for the advice and I have sent an email off to Celestine.

---

Can anyone confirm for me if I have a CCA request receipt dated 18 Feb 14 then when will they be in default for not responding?

I believe it would be tomorrow (5th March ) 12 working days from receipt.

[chgc]

Re: Help: being made bankrupt in 2 weeks time.

Just file for bankruptcy to save your last resort as well.

I am sorry but I don't understand your point. A bankruptcy petition has been served upon me and my hearing is in 2 weeks time. So I will be made bankrupt unless I can successfully defend myself against this petition. So would you care to explain please what you mean?

[Amethyst]

Re: Help: being made bankrupt in 2 weeks time.

I wouldn't worry 'Carmen' is a spammer and I'm just about to squish her/him/them.

Edit: Done

[chgc]

Re: Help: being made bankrupt in 2 weeks time.

I wouldn't worry 'Carmen' is a spammer and I'm just about to squish her/him/them.

Edit: Done

Thank you Amethyst for your help and for answering my earlier question.