Please help with a debt I have on a CC

king100

Set Aside then CCA them, this will help for the read

http://www.insolvencyhelpline.co.uk/legal_issues_explained/statutory_demand.php

GeorgeUK

immoral_angeluk wrote: »

If it's 3 pages long and talking about bankruptcy it sounds like a stat demand. Creditors don't have to have gotten CCJs or even issued defaults before they can issue a stat demand, and they're becoming more and more often nowadays. So long as the debtor owes over £750 and is unable to pay their debts as they fall due (the creditor would be able to argue this due to the debtor's persistent non payment) then they can petition for bankruptcy and usually get it.

Yup, had been reading up on that - that's why i was asking what the letter had said. I wouldn't put it past some of the DCA's to issue a threatogram that was intimidating and scary on that scale, but likewise, if it is a SD, then he needs to act on it now.

The court will regard someone as being unable to pay their debts if either of the following occurs:

- A creditor who is owed more than £750 serves a 'statutory demand' for the money due and it is not paid or secured (for example, by a guarantee to provide something else of the same value); or a settlement is not agreed, within 21 days, and the debtor has not applied for the statutory demand to be set aside.
- A creditor who is owed more than £750 obtains judgment against the individual, and an execution is 'unsatisfied', ie the sheriff or bailiff was unable to seize enough assets to clear the debt. You can get the forms to issue a claim for judgment from your local county court. Court fees depend on the amount of the claim, and range from £30 to £1,530 - the court can tell you the precise court fee payable for a particular claim.

form 6.1 - to be used for a debt of a specific amount which is payable now
form 6.2 - to be used for a debt of a specific amount which is payable now, following a judgment or order of court
form 6.3 - to be used for a debt that is payable in the future

king100

I wouldent be suprised if they sent a letter looking like a SD demand but not actually being one.

Anyone had anything like that, we might or we will?

immoral_angeluk

king100 wrote: »

I wouldent be suprised if they sent a letter looking like a SD demand but not actually being one.

Anyone had anything like that, we might or we will?

I've seen letters disguised as all sorts, including wage slips! So it wouldn't surprise me. However to date I have not anything other than normal letters threatening to issue one, that hasn't actually been a statutory demand. They're fairly easy to spot anyway.

CDaniels1987

it says they may, it doesn't say they will, the letter is at my moms at the moment, I am unable to pick it up until the weekend as im working all week. I havent had a CCJ on the account as far am I am aware, and the last payment was when I was about 19/20, roughly 3-4 years ago.

immoral_angeluk

CDaniels1987 wrote: »

it says they may, it doesn't say they will, the letter is at my moms at the moment, I am unable to pick it up until the weekend as im working all week. I havent had a CCJ on the account as far am I am aware, and the last payment was when I was about 19/20, roughly 3-4 years ago.

You need to look at the wording of the letter. Does it mention time limits to reply, etc

king100

We would really need to see the wording to be able to give some advice, suggest you call your mum and get her to send it or scan and email.

CDaniels1987

it basically says I have 18 days to make payment in full or they may start proceedings for bankrupcy, its very simular to the final warning letters i got sent years ago but they have made it into 3 pages, surely they would send bailiffs out first before bankrupcy? I will try and get the letter tonight and I will post what it says when I have got it.

immoral_angeluk

CDaniels1987 wrote: »

it basically says I have 18 days to make payment in full or they may start proceedings for bankrupcy, its very simular to the final warning letters i got sent years ago but they have made it into 3 pages, surely they would send bailiffs out first before bankrupcy? I will try and get the letter tonight and I will post what it says when I have got it.

Nope, as said before a creditor only has to be owed more than £750 and be able to show you're insolvent to petition for bankruptcy, as well as having first served a statutory demand.
On the letters, does it state anywhere 'Statutory Demand'?

CDaniels1987

I am not sure, I will pick the letter up tonight and check, I have just submitted a form with payplan to see if they can help me as well.