Threat of Bankruptcy - Debt not mine.

fermi

I doubt it. Burden of proof would be quite high I would imagine, and one case could be passed off as a mistake. For CPS etc to consider prosecution I would imagine that they would need to show systematic intent over many cases.

I am just theorising there, as you did ask. Only a criminal lawyer is going to be able to answer properly.

Freepost

Hi,

I mentioned earlier, over page, that I'm at court tomorrow to arrange the set aside but it seems I may have to go back another day to see the judge. And where as I am very grateful for all the advice there have been a number of people telling me that I could claim costs back but how would I do that ... send several invoices to Beckhall (I presume Properties Ltd) and then refer it to the small claims court but even then how would I recover any money? Is it worth the effort?

F.

fermi

I posted way back on the thread that you should have a look at the CAG legal forum? Did you not do that?

There are numerous threads on there detailing where they have claimed costs on set asides.

fermi

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

Plenty of "WON+costs" threads there for SDs.

Freepost

fermi wrote: »

I posted way back on the thread that you should have a look at the CAG legal forum? Did you not do that?

I'm looking down at my shoes and I don't know what to say.

fermi wrote: »

Get it set aside then. And claim costs against these fools for doing so.

Legal forum here can likely help in detail with that ---> http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

Found it here it is ........ thank you

F.

fermi

Freepost wrote: »

I'm looking down at my shoes and I don't know what to say.

Look up. No mind. When you are annoyed and worried you miss these things. I know. :cool:

I only suggest it as there are people there who have helped dozens through a set aside.

CaroKann

Hello,

Just a note that your situation is not isolated, and it is likely your son does not owe a debt, and likely that you were not signed as guarantor.

Karl Nolan, through the smokescreen of NG Collections, which we are also investigating, has taken the same actions against me, and is also claiming several otherwise uninvolved people varyingly as co-tenants or guarantors, when I was the sole tenant and had no guarantor.

That, and the debt claim against me is also false.

It is indeed worth noting that Karl Nolan has a string of dissolved companies to his name on Companies House.

By the way, the given address 10 High St (which is, by the way, just above Lower Hillgate) is a vacant property, as are most of the given office addresses.

This has proved something of a barrier to communication over time, as writing to a given address (something that has been frequently necessary, due to the very poor business practices of Mr. Nolan and co) invariably turns out to be an empty property.

It is further worth noting that Inspire is also one of Karl Nolan's companies, by the way.

I wonder if he realises how much he's going to be racking up for himself in the way of self-inflicted court costs, never mind any expenses / compensation claims against him, if he proceeds down his current line.

Freepost

I have been to the Bradford Courts this morning for an 11 o'clock appointment, I thought it was a meeting but turned out to just be an appointment to complete the documentation. Fortunately I completed the documentation yesterday evening using the following links, took hours, I’m most definitely struggle with this kind of thing. However it was certainly worthwhile completing the forms in advance with a relatively clear head, just if anybody else follows suit then do remember to take three copies of everything to the court with you.


Insolvency Form 6.5 http://www.bis.gov.uk/insolvency/search?keywords=6.5&type=all

Insolvency Form6.4 http://www.bis.gov.uk/insolvency/search?keywords=6.4&type=all

I would love to post a copy of my completed form for reference if it would help but I don't see how to do that, either as a word.doc, pdf or an image.jpg. If anybody can advise I'll put it up!

I’ve had an abundance of great help and advice on this forum for which I’m immensely grateful. :T

Freepost

As mentioned in the above post I wanted to post a copy of my Form6.5 for information I’m not saying it’s right, I'm not altogether sure that it is filled out correctly but the court will get back to me next week to advice. In the meantime, no doubt, somebody will come along and explain where there are problems with it, a little late for me but good for anybody else suffering something similar and if it will help then that's great.

Take note I can't post the actual copy, the facilities within MSE don't appear to be there for doing that so I'm just going to cut and paste if that's okay;

Here it is;[FONT=&quot]

[/FONT]

Form 6.5

Witness Statement in Support of Application to Set
Aside Statutory Demand
(TITLE)
(a) Insert name address

I (a) Freepost
MoneySavingExpert.com Forums
Pure Money
Bankruptcy & Living With It

and description of person
making the witness
statement

Tall, dark some would say handsome, perhaps a little debonair, a slight resemblance to a younger Sean Connery just with a Yorkshire accent .. Ee up, lass!
Okay … The Defendent

state as follows:

1. That on (b) 25 February 2013
the statutory demand exhibited hereto and marked “A” came into my hands.

2. That I (c)
Do not admit the debt because I have not entered into any agreement with either NG Collections or Beckhall.

There was a tenancy agreement between my son, Freepost Jr., and Beckhall Properties Ltd for the property known as Flat 3 someplace between January 2010 to September 2010 when my son ended the agreement and vacated the property.

In July 2011 I received a letter from NG Collections reference NGIL21711, dated 21-7-11, entitled FINAL DEMAND. The letter, copy attached, lists an outstanding balance of £19758.43, a very large amount. The letter went on to inform me that I was a tenant/named guarantor of the property. This is untrue I have never signed as a guarantor. The letter informed me that I had seven days to pay in full, action will be taken against you through the courts if you fail to comply. Consequently I telephoned NG Collections within the seven day period to explain that the debt, if it existed, had nothing to do with me I was not a guarantor for the property. A small argument ensued when I requested a copy of the documents that would prove that I was a guarantor. To date I have not received any documents to this effect. I assume that NG Collections were on a fishing exercise to see if they could extort money from me.

April 2012 I received another letter from NG Collections, reference NGIL26312, dated 26-3-12 entitled NOTICE BEFORE LEGAL ACTION. The letter, copy attached, lists an outstanding balance of £2475.43 and advises me that I have failed to keep up with payments regarding the above debt. I have not made any payments to them because I do not owe them anything. The letter reiterates the claim that I was a tenant/named guarantor but since I have not received any proof to this effect I chose to ignore the letter.

6 February 2013, I received another letter from NG Collections, there is no reference number and the letter is undated. The letter, copy attached, is entitled FINAL DEMAND. The outstanding balance is £1298.95. Once again the letter reiterates the claim that I was a tenant/named guarantor for the above mentioned property. The letter went on to demand immediate repayment of the full amount outstanding. The letter informed me that I had seven days to repay in full but then went on to say “if we have no response by close of business on 6th Feb 2013 our agents will visit you and /or issue proceedings”. The last day for responding to the letter was the day I received it 6th February and nobody from NG Collection has visited me.

25 February 2013, I received the final letter from NG Collections, reference NGY1376, dated 22-2-13. The letter is entitled FORMAL NOTICE OF PETITION FOR BANKRUPTCY and is accompanied with the Statutory Demand reference number NGBPSTA70213. The outstanding balance remains at £1298.95. The letter states that “you have ignored previous attempts to contact you to settle the above matter amicably”. However the last letter informed me that they would visit me, this has not happened and I am still awaiting documented proof that I am/was a guarantor for the property. No attempt was made to serve the Demand in person at all. The first awareness I had of the existence of the Demand was when I opened the letter on Monday 25th February.

Considering the outstanding balance that is claimed in the letters of July 2011, March 2012 and the recent letters of February and March 2013 it is clear that there is no continuity with the amount outstanding. Even taking into account the Statutory Demand “Particular of Debt” where it is stated “interest being charged at the rate of 8% per annum” the maths are impossible to calculate and arrive at the outstanding balances claimed. The letters received from NG Collections have not been produced in a business-like fashion or with any attempt at due diligence.

A further consideration in regard to this Statutory Demand is that I am aware that Statutory Demands have been issued against former tenants of Inspire Homes, this is another company that NG Collections recover debt for. The Statutory Demand for the tenants of Inspire Homes is identical in wording to this Statutory Demand, even to the point of sharing the same reference number as is exhibited on my Demand, NGBPSTA70213 and a demand for payment to be made to the same company “Beckhall” as opposed to Beckhall Properties Ltd or Inspire Homes.

I believe this 'debt' is an attempt at extortion and is perhaps fraudulent and wish to challenge it robustly through the Courts if applicable. A bankruptcy petition is a wholly inappropriate method of dealing with this matter as there is clearly a substantial dispute.

Statement of truth
I believe that the facts stated in this Witness Statement are true.
Full name ………Freepost………………………………………………..[FONT=&quot]
[/FONT]

I hope it's of some help.

One thing please ignore the description, just my method of dealing stress by making light of the procedure.

Regards
F.

pauletruth

I know im probably wrong here but the company went bust. they dont own the debt and can't chase it either. it must be upto the liquidator to chase. if it was real.