Threat of Bankruptcy - Debt not mine.

Freepost

skate wrote: »

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

But as I mentioned there are many companies with the name Beckhall. The name on the SD is not complete and I think this is on purpose to stop any reverse action.

skate wrote: »

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.

But we only have my word for this, my word against theirs.

skate wrote: »

From the Insolvency Guidelines:

• 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.

But if it is sent by 1st class post there is no proof that the person received it - post doesn't always arrive at its destination.

So lets say I didn't receive it what then?

Thanks for your help.

F.

Freepost

Lets say I do nothing and NG decide to pursue the SD what happens next?

F.

fermi

1st class post is deemed sufficient under the Civil Procedure Rules for the service of most documents. Crappy I know, but that is what the rules say.

For example, claim forms for a County Court Judgement nearly always go by normal post. But is allowed under the rules for service.

fermi

Freepost wrote: »

Lets say I do nothing and NG decide to pursue the SD what happens next?

F.

14 days (I think) after the expiry of the 21 days for setting aside the SD, they are then entitled to present a petition to the court. Again that should be served on you, but substituted service is again allowed. Although most even half reputable debt companies don't tend to take the liberties in service of that compared to the ones they do with a SD that will likely never go to court. A petition starts off at court, so they have to do things right.

I would note that if they present a petition they would also have to swear a statement of truth as to how the SD was properly served and how personal service was attempted before posting it.

I can't imagine this person/company being willing to do that, plus of course shell out over £900 in advance court fees for the pleasure. But stranger things have happened....

fermi

If you want to make enquiries whether they need a credit license then I would contact Trading Standards and the OFT. However, I would regard that as a secondary issue here, as interesting and irking as it may be.

AnnieDaPea

fermi wrote: »

I would note that if they present a petition they would also have to swear a statement of truth as to how the SD was properly served and how personal service was attempted before posting it.

I can't imagine this person/company being willing to do that, plus of course shell out over £900 in advance court fees for the pleasure. But stranger things have happened....

I can imagine such happening, as the alleged (and invented) debt is rather greater than the fees the supposed creditor would have to pay in advance.

The claimant would need to swear that the money was owed, so another little fib or two regarding service of documents might not seem significant.

AnnieDaPea

fermi wrote: »

If you want to make enquiries whether they need a credit license then I would contact Trading Standards and the OFT.

I already have done!

AnnieDaPea

Today will be the turn of the ICO, as various companies have featured in this thread and in the thread on LB; none of those companies seems to be on the Data Protection Register, which seems to be a bit naughty of them.

antrobus

skate wrote: »

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.

This would be the link
http://www.legalbeagles.info/forums/showthread.php?39399-Hi-everyone-EMERGENCY!-I-m-new-to-this-forum-and-desperately-need-help-with-a-DCA!&p=322634

Certainly worth reading as it involves 'Beckall' and 'NG Collections' as well, although the circumstances aren't identical. In the LB case the grandmother agreed to be a guarantor; the OP denies signing any guarantee.

ValHaller

skate wrote: »

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.

Clarification please?

The Stat Demand is just a template, filled in and sent. So how do you go about getting it set aside, given that it has never been near a court? Do you have to make your own application to a court, any court? And if you do, how does the set aside get tied to bankruptcy proceedings if the supposed creditor takes the SD to court?