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Recieved a 'Statutory Demand' appointment letter

2

Comments

  • Thanks again fermi - as you say there is no harm in asking to have the appointment date moved.
  • CeeBeeDeeBee
    CeeBeeDeeBee Posts: 276 Forumite
    edited 19 January 2010 at 2:08PM
    Hi, I finally have been served with this SD, I originally got the date moved to after Christmas but then they couldn't get here because of the snow lol.

    Anyway it is for a supplier debt which I got a CCJ for back in September.

    I have sent the reply letter above ;) so now I am waiting to see if they will follow through or not - I even put a paragraph in saying that I understood most of the time a SD is just a bluff and I hope they haven't got my hopes up for nothing!

    I have a couple of quick questions though - does it matter who files for my BR - is it 'better' if I do it or does it make no difference at all?

    Secondly, the bailiff who was employed to collect this debt has left a message on my voicemail today saying if I didn't sort something out he would come round with a locksmith.

    They have never been in and don't have a WPO, I sent them Never In Doubts letter about revoking licence for them to attend and that they should contact me in writing only. I don't know how they have got my mobile number.

    What should I do re this threat - send them NID's letter again?

    Thanks

    Forgot to mention that in the SD they have added £X 'for the abortive costs of entorcement' - does that mean that the bailiff handed the warrant back?
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    Bump..............
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker

    I have a couple of quick questions though - does it matter who files for my BR - is it 'better' if I do it or does it make no difference at all?



    Forgot to mention that in the SD they have added £X 'for the abortive costs of entorcement' - does that mean that the bailiff handed the warrant back?
    It doesn't matter who files your bankruptcy. If it is creditor petitioned I think you automatically have a face to face interview (not 100% sure though).

    The 'abortive' costs mean from the aborted attempt to gain access.

    :j :j


  • Thanks FYP.

    The bailiff did visit one time that I know of and left a letter but that was it so I guess thats the £101 - is there any way I can check to see if the warrant was returned to the court?

    Are they able to issue a SD and still have he bailiff threaten to 'get a locksmith'?
  • I was also given a SD, and they went ahead with the BR, which they didn't turn up tot he 1st court hearing and had to have a 2nd (even then they were 40 mins late, and the judge was not very happy with him, very funny!)

    Anway, with regards to the Baliff, he cannot enter your property, even with a locksmith! this is just a bully tactic! So make sure your windows, doors etc are shut/locked! They can only gain 'peaceful' entry through an open/unlocked door / window and anything else they try to do is out of bounds!

    You can call the police if you feel threatened / or try to break in etc.

    I just stood my ground with the baliff I had pop round the other year, and told him I would not be letting him in, nor would I be signing anything and the windows doors etc would be shut and locked. He said fair enough and left lol

    (if you sign anything then you are in the s***, as they can enter whenever they like!)

    In the end the company then agreed to my payment terms - this was before the BR.

    Good luck with the SD and the Baliff!
  • Thanks lisalou - I've sent them another letter again today telling them that the doors and windows are always closed and locked, got cctv etc so will see what happens.

    This will be the third time I have sent the letter so I might have to report them if they carry on harrassing.

    On the SD I just hope they follow through as it will save me the fee lol
  • sizzler
    sizzler Posts: 5,094 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Thank BAAB. He wrote it (or pinched it from elsewhere :p)

    well done bat:T
  • Hi everyone, back again with this one.

    Ok - the process server has served me with the SD on 15th January, all pleasant enough - here you go pay up or go bankrupt he said lol

    I sent bats letter above to their solicitor saying thanks :D

    The 21st day was last Friday - what happens now? How do they make me BR if they are going to?

    Thanks
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Should tell you most things from their point of view...

    ----> How to make someone bankrupt.

    They still don't have to go ahead with it though....... I they realise they would be throwing good money away then, if they have any sense, they won't.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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