Threat of Bankruptcy - Debt not mine.

debtdispute

I've checked everything I can about all of the companies he has anything to do with in regards to a CCL. Nothing there. Even if he has a license with some hidden company somewhere else (highly unlikely),
it would not apply to NG Collections or any of his other businesses because any company collecting debt has to be named on a CCL.

None of the companies he is involved with are connected so he can't even claim that it is an umberella company license.

skate

FreePost

This is almost certainly a GENUINE Statutory demand. An identical case has cropped up on legal beagles.

I can't link cos i'm new...except I'm not LOL A reader not a poster normally.

Same thing, except an 80yr old Granny has been served the SD for her granddaughters alleged debt at an Inspire Living flat from nearly 2 years ago. They do NOT owe anything at all, so there is a chance your son does not either.

Please get legal advice and get the SD set aside. Whether your son owes the money or not is irrelevant. You do NOT. You did not sign any guarantee so it cannot be binding in any way, even if your son did 'offer you up'!

The SD can be set aside on the genuine grounds of 'substantial dispute' and that you are simply not the debtor.

skate

I do think you only need to have a Consumer Credit Licence if you are collecting consumer credit debts....so rent arrears would be exempt.
Although NG are described as 'Debt Recovery & Investigations' so it would be interesting to know what other debts they ever work with.

Freepost

You'll have to forgive me and you'll also probably think I'm being a little thick to say the least but don't document have to be served on you, wouldn't NG Collections or Beckhall have to prove that these documents have been received by me?

And surely it can't just go to bankruptcy because somebody says I'm a guarantor!

F.

AnnieDaPea

deleted

I need more coffee!

AnnieDaPea

Freepost wrote: »

You'll have to forgive me and you'll also probably think I'm being a little thick to say the least but don't document have to be served on you, wouldn't NG Collections or Beckhall have to prove that these documents have been received by me?

Defective service is only one of the errors with the SD. Another is that the name of the alleged creditor is imprecise or just plainly wrong.

And surely it can't just go to bankruptcy because somebody says I'm a guarantor!

No - it can go to bankruptcy because you had not satisfied or set aside his demand in time!

skate

LOL@ Annie...me too

Freepost - sadly anyone can issue a Stat Demand against you, they don't even have to go to court, they just download a template, fill it in and ping.

You then have 18 days to apply to set aside, otherwise they can go on to petition for bankruptcy.

Of course it is not certain that they will, but by not applying to set aside you leave the gate wide open and unlocked for them to do so.

You should never ignore a stat demand, but the good news is, you can go after costs against them for the inconvenience of dealing with such an incident.

Check out the LB thread, its called Hi everyone, EMERGENCY! I'm new to this forum and desperately need help with a DCA!
DebtDispute is the OP

This is certainly looking like part of a potential scam against former tenants and their families.

Freepost

skate wrote: »

LOL@ Annie...me too

You should never ignore a stat demand, but the good news is, you can go after costs against them for the inconvenience of dealing with such an incident.

Check out the LB thread, its called Hi everyone, EMERGENCY! I'm new to this forum and desperately need help with a DCA!
DebtDispute is the OP

This is certainly looking like part of a potential scam against former tenants and their families.

Hi,

Thanks for the LB Thread.

It's all very well incurring cost with the idea that you go after them for the said cost but do I go after? NG Collections does this company exist or Beckhall and if so Beckhall who, Beckhall Properties, or Beckhall Projects or Beckhall A.N.other?

I appreciate the help and advice.

Also, this SD came via 1st class post nobody came knocking on my door and I've sign for nothing.
F.

AnnieDaPea

Freepost wrote: »

NG Collections does this company exist

I regret not being quite well enough on Tuesday to go to Stockport, or I might have more to report about their status.

I may be able to check on them on Thursday or Friday.

skate

NG Collections who issued the Demand on behalf of Beckhall/Inspire are who you will deal with, as they are named on the SD.

First Class post should only be used after a process server has failed to serve the demand. Yet that clearly hasn't happened here. It a cheap and nasty method of debt collection.

From the Insolvency Guidelines:

4. How should I serve the demand?
a. If an individual owes you money:
You must do everything you can to bring the statutory demand to the attention of the person concerned and, if possible, serve it personally on them. You can employ a process server to do this for you (see para graph 6).
If you cannot serve the demand like that because the person is keeping out of the way to avoid service, there are some alternatives:
• You can send the statutory demand by first-class post or put it through the person’s letterbox.If you do this yourself and you go on to present a bankruptcy petition against this person, you will need to provide a statement of truth that says what steps you took to serve the statutory demand on the person. You will also have to state how you served the statutory demand and on what date you believe the debtor would have seen it.