Threat of Bankruptcy - Debt not mine.

fermi

Do the letters give a phone number and email address?

Freepost

fermi wrote: »

Would help to know further wording, as the ones quoted are not normally those of a statutory demand.

A genuine SD would be this sort of format.

(Or similar that complies with requirements of the IR part 6)

http://www.bis.gov.uk/assets/insolvency/docs/forms/ew/form6-01.doc

Hi,

The letter that I received has the above mentioned document attached to it and has the following information;

" The demand is served on you by the creditor Beckhall - 10 High Street Stockport SK1 1EG".

The document then lists the amount owed £1298.95 but the next section:

[The creditor making this demand is a Minister of the Crown or a Government Department, and it is intended to present a bankruptcy petition in the [High Court][Central London County Court].][Delete as appropriate]

has not been completed.

Over page in Particulars of Debt it says "The Defendant was a guarantor for the tenant" but this was never the case, I didn't arrange the tenancy and most certainly I never signed anything on behalf of my son.

There are two phone numbers given 0843 289 2590 and 0777 9811 785 but as I mentioned earlier I did telephone them July 2011, two years ago, and told them that if there was an outstanding debt it has nothing to do with me, I never signed anything on behalf of my son!

With regard to an email address the letter does not list one. As for company number, consumer credit license number, data protection registration number, all these details are missing from the documentation.

Once again, thank you to everybody for the advice that is being offered.
F.

fermi

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

fermi

http://www.companiesintheuk.co.uk/ltd/beckhall-projects

Hmmmmmmm.....

fermi

Wrong link. Beckhall properties should be the one.

Although they look related. And one suspects they, and the other premises and the collector are all linked or the same person?

Freepost

I would presume that to get it set aside I would need to contact Manchester County Court and provide them with a court reference number but the only ref N° on this form is NGBPSTA followed by five digits, do you think this would be a court number as opposed to some internal or made up number by NG Collections/Beckhall Properties ?

F.

fermi

SDs are not issued by the courts, so there is never a court reference number. Neither do they have to be stamped. The SD has never seen the court. Anyone with a printer can print one off and send it. That's why they get used in this appalling fashion.

I can't imagine this one is serious as there are so many holes. Disputed debt. Not filled in properly. No court quoted as the local one. No attempt at personal service made. etc etc.........

Set aside would be at YOUR local court anyway....

Saying that, one can never assume, and the conservative ultra cautious advice is to always set aside regardless. Plus claim costs if possible.

mjm3346

I never signed anything on behalf of my son

Did he sign on your behalf? Still wouldn't make the debt yours but it would need a different course of action.

antrobus

Freepost wrote: »

..." The demand is served on you by the creditor Beckhall - 10 High Street Stockport SK1 1EG". ...

BECKHALL PROPERTIES LTD Company number: 03778604 does at least exist. So at least you know who you're arguing with.

antrobus

fermi wrote: »

Wrong link. Beckhall properties should be the one.

Although they look related. And one suspects they, and the other premises and the collector are all linked or the same person?

Agreed.

Both appear to be run by one Karl Nolan.