statutory notice,

ole_2

hi, hope someone can help. received a letter in the post from the county court regarding blackhorse finance, saying the following;
the claiments have served A STATUTORY NOTICE upon the defendent but the breach thereunder has not been rectified. as a result the claiments claim payment of .......
does this mean they are issuing a ccj against me.

file_wizzard

No, it means they are potentially looking to petition for your bankruptcy, please post more details of the debt, and if you believe it is Valid.

In any case you should apply to the court for the notice to be set aside, it is unlikely the creditor will actually proceed , but this is a very powerful bit of paper and you should seek advise from the CAB or a solicitor as a matter of urgency

ole_2

the debt is for £2673.01. with blackhorse credit cards,i am with cccs, and am awaiting a reply from them, will the claiment not accept monthly payments if they have issued a statuory notice, or can the judge over ride the request and issue a ccj, or do the go along with the claiment.

file_wizzard

As the debt is under £5000 it is unlikely that they will proceed with a full petition, as it would cost the creditor upwards of £1500 in terms of court fees and solicitors time to submit a full petition, and if successful they would not receive any beneficial treatment over any of your other creditors, so in reality they have very little to gain from the process.

Statutory notices are being used more and more recently to “frighten” people into paying, however if you are already with CCCS and have a payment plan in place await their response.

A CCJ would be an enitrely seperate process and the creditor would need to serve a seperate claim.

ole_2

please advise the loan is in my husbands name only if blackhorse file a statuary notice for bankrupcy, will we lose our house if the mortgage is in both our names.

file_wizzard

ole wrote:

please advise the loan is in my husbands name only if blackhorse file a statuary notice for bankrupcy, will we lose our house if the mortgage is in both our names.

It's not quite as cut and dry as that, and please don’t jump the gun on this, Yes in principal a statutory notice is very serious issue. however the reality of a creditor fully pursuing it for a relatively modest sum such as yours is unlikely.

Seek professional advice on the statutory notice first, then worry about the what if's as they may well not even occur

ole_2

thank you file-wizzard for your advise, i have six children and do not want to be bankrupt, as we will have now were to live, and we have no family to turn too. we aslo have another loan with balck horse which is in joint names, for a personal loan, can they put the two loans togther, in order that we will owe more than the £5000.

file_wizzard

ole wrote:

thank you file-wizzard for your advise, i have six children and do not want to be bankrupt, as we will have now were to live, and we have no family to turn too. we aslo have another loan with balck horse which is in joint names, for a personal loan, can they put the two loans togther, in order that we will owe more than the £5000.

No the loans are separate legal entity’s / accounts and may not be combined, R.e the bankruptcy please try not to worry, I have intentionally not started going into detail on this scenario and your options, as until they actually petition (if at all) it is all pie in the sky and not worth stressing about.

However you must address the statutory notice as advised, please do not just ignore it.

Xbigman

I would take the notice to the CAB and see what they make of this. It is entirely possible that this is just a scary letter made up to look like something else.
Regards



X