Threat

[Jimbo]

Re: Threat

No, not at all. If they have notprovided a copy of the CCA am I right in thinking that I can request the Petition be thrown out on Monday? After a little research this is what seems to be the case, and also that the original debt remains disputed.
Thanks.

[Guest]

Re: Threat

What have you been told about the hearing on Monday? What form will it take, what is it for and how did you learn of it?

[Jimbo]

Re: Threat

I haven't been told anything about the hearing. I have no idea what form it will take and I am only aware of it because a document was hand delivered to my home address which I picked up yesterday.
It is a Petition for Bankruptcy. Do you know if I can have it thrown out on these facts: The original debt is disputed, and Lowells have failed to provide a CCA for three years.
It's kinda urgent.
Thank you.

[Guest]

Re: Threat

Have you called the court and checked the validity of the document? Is it being heard at a court where a petition for bankruptcy can be heard, as not all courts will deal with such cases?

The court may only make a bankruptcy order if the debt is undisputed or not capable of being disputed. Since it is, they may dismiss the petition, or adjourn the petition to give you time to pay.

Ensure you take with you all documentation relating to the original debt and anything you have received since, in particular anything that relates to this court hearing. In addition, you should make sure you have copies of everything detailing why you dispute the debt.

A properly disputed debt is grounds enough for a petition to fail.

[Jimbo]

Re: Threat

Ok, thank you, I hope you are right, that is all I have to defend the Action and the Courts are a law unto themselves believe me! Today I lost £50,000 on the asking price/sal price of my house as directed by a so called Judge.
Whatever you think you own you dont, nothing has a value and it is looking more likely I will now just opt for the big B and be done with it.
Not a good day folks, thanks for the help and advice though.

[Jimbo]

Re: Threat

Ok, for those interested, the big B didn't happen because Lowells, lacking in both spine and tackle, failed to turn up or advise the Court accordingly so the Judge threw it out. This means they have to str the whole process agin.
It also means I live to fight another day and I am going after Lowells with a very big stick and a blunt spoon to extract several pounds of flesh from them.
Watch this space folks. Lowells watch yer back, you are in for a very uncomfortable ride indeed. Once my teeth are in I do not let go. And this time you have gone too far, it'stime you lost your licence, were bankrupted and sent to prison frankly where you can bite the pillow night after night. You've opened Pandoras box my friends.

[Amethyst]

Re: Threat

After all that they didnt show up ? For goodness sake they are just bullies. Good to hear the judge chucked it out.

I didnt understand this bit from Friday ''Today I lost £50,000 on the asking price/sal price of my house as directed by a so called Judge.'' what happened ?

[pompeyfaith]

Re: Threat

Glad to hear you had a good result, and remember if they come back for a second bite this makes it so much harder for them.

PF