Company Threatening to bankrupt me

james28_2

they said they tried to contact me but my mobile number had changed....

yes i payed them 4yrs ago in 2006 as they confirmed over the phone and yes it was £2000

bat-out-of-hell

But they never wrote to you, or have you moved as well?

If they left it so long, and can not prove or give a good reason why they did not contact you before, i doubt any judge would give them the time of day as this would be seen as them acepting the FF more than likely.

It certainly will make it nearly impossible to justify increasing the debt by a further £500

This realy does sound like they are just trying it on, maybe there profits are down this year, and they need to make some money quick.

james28_2

i moved as me and the x split up, here is the email they sent me just.

Outstanding Balance: £1027.39

We write further to your telephone conversation with ****** ***** today.

Please find attached a statement of account with payments that have been paid
directly to Direct Auto Financial Services Limited.

We can confirm that a further payment of £2,000.00 was paid directly to us on
1st December 2006.

Therefore, the balance of £1,027.39 is due to be paid to the account immediately
today in order to avoid a Statutory Demand in Bankruptcy being personally served
to you at your current address.

As arranged we will contact you today between 17:00 and 18:00 in order to
discuss the matter further.

We hope that this clarifies our position.

james28_2

just had a voicemail from them to say i have to pay today, even though the letter says i have 21 days to come to a agreement, if i dont pay today they will issue the bankruptcy within the next few days and that will add more costs to the final payment....

JPS29

Tell them you are obtaining professional advice and will come back to them once you have received it. And I recommend you contact CAB or the likes.

Re the cost being increased...

Remind them that "IF" they do intend to make you BR they will join the list of creditors and if you have no assets or cash in hand then they will be getting nothing back but will be themselves incurring costs in arranging the petition.

curly04

james28 wrote: »

just had a voicemail from them to say i have to pay today, even though the letter says i have 21 days to come to a agreement, if i dont pay today they will issue the bankruptcy within the next few days and that will add more costs to the final payment....

:rotfl::rotfl::rotfl::rotfl:

Sorry Shouldn't laugh - they don't have a figging clue do they!

I would go and see the CAB if you can

bat-out-of-hell

curly04 wrote: »

:rotfl::rotfl::rotfl::rotfl:

Sorry Shouldn't laugh - they don't have a figging clue do they!

I would go and see the CAB if you can

Not exactly, they are hopeing james28 does not have a clue


As for that so called email statemant, errm they forgot to mention how £2500 - £2000 = £1027

Without a sensible explanation, in my book, that is enough to put the account into formal dispute, barring all collection activity

james28_2

I've emailed my local CAB as they deal with issues over email :beer: Hopefully they will give me some advice tomorrow.

rabb

james28 wrote: »

I've emailed my local CAB as they deal with issues over email :beer: Hopefully they will give me some advice tomorrow.

They haven't got a hope in hell of getting you to pay them a penny going by what you have said on here.:rotfl:

Tell them you are about to contact the ombudsman and demand an apology.

If it was me I'd do just that: :beer:

complaint.info@financial-ombudsman.org.uk

• 08000 234 567
  free for people phoning from a "fixed line" (for example, a landline at home)
• 0300 123 9 123
  free for mobile-phone users who pay a monthly charge for calls to numbers starting 01 or 02

james28_2

thanks i have also sent them an email stating the facts and asked for advice.