Threat of Bankruptcy - Debt not mine.

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  • Freepost
    Freepost Posts: 215 Forumite
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    AnnieDaPea wrote: »

    Does his also bear the "reference" NGBPSTA70213?

    Yes .. as does the one for another poster on this thread. Perhaps everybody has the same ref N°.

    F.
  • fermi
    fermi Posts: 40,546 Forumite
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    Freepost wrote: »
    And then what ... would I get my day in court? Remember I've signed nothing.

    F.

    Unless he diddles the service of the petition so you never have notice of it, then yes.

    I would say 99% that this is an empty threat.

    Caution would incline me not to rely on assumptions like that. Setting aside a SD is a lot less hassle than dealing with a petition, and if you argue you do not owe the debt then the 1st question any judge might ask is "why did you not get the SD set aside then?"

    Just my opinion though.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

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  • AnnieDaPea
    AnnieDaPea Posts: 54 Forumite
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    Freepost wrote: »
    Yes .. as does the one for another poster on this thread. Perhaps everybody has the same ref N°.
    I wonder how many dozens of demands bear the same "unique" reference?
  • Freepost
    Freepost Posts: 215 Forumite
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    fermi wrote: »
    Just my opinion though.

    And I'm grateful for it, I'm grateful for all the information, time and effort that everybody has put in to helping me.

    F.
  • AnnieDaPea
    AnnieDaPea Posts: 54 Forumite
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    fermi wrote: »
    Setting aside a SD is a lot less hassle than dealing with a petition, and if you argue you do not owe the debt then the 1st question any judge might ask is "why did you not get the SD set aside then?"
    Exactly.

    By not applying to get the SD set aside, you would be effectively admitting that you owe the money and have no grounds to get it set aside.

    Get it set aside and claim such costs from NG Collections as may be allowed. Use the duplicated SD against your son as part of your evidence.
  • Freepost
    Freepost Posts: 215 Forumite
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    AnnieDaPea wrote: »
    I wonder how many dozens of demands bear the same "unique" reference?
    I imaging lots and lots.

    I have just spoken to Bradford County Court to enquire if I can complete the docs on-line ... yes I can but it's perhaps better to complete at the court. They asked me for the ref N° from the SD which I gave them and surprisingly they don't think this is legit.

    Anyway I have an appointment tomorrow at 11am.

    F.
  • fermi
    fermi Posts: 40,546 Forumite
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    AnnieDaPea wrote: »
    By not applying to get the SD set aside, you would be effectively admitting that you owe the money and have no grounds to get it set aside.

    Well, I wouldn't go that far. There is a awful lot of info out there that encourages people to think that these are empty threats and can be ignored. And in many cases, that might even be right. Not happening to have set aside would not scupper your chances of defending a petition, but the judge would want a good explanation of why you did not.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

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  • AnnieDaPea
    AnnieDaPea Posts: 54 Forumite
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    At what point, if ever, would the tactic of sending dozens of Statutory Demands for non-existent debts become a crime?
  • fermi
    fermi Posts: 40,546 Forumite
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    Well, I would presume.....

    http://www.legislation.gov.uk/ukpga/2006/35/section/2
    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
  • AnnieDaPea
    AnnieDaPea Posts: 54 Forumite
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    fermi wrote: »
    Well, I would presume.....

    http://www.legislation.gov.uk/ukpga/2006/35/section/2
    So just one instance would be sufficient and a convicted fraudster could enjoy the forced hospitality of Her Majesty for up to 10 years.
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