Threat of Bankruptcy - Debt not mine.

fermi

AnnieDaPea wrote: »

I already have done!

What did they say?

fermi

ValHaller wrote: »

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?

Yes, you make your own application to the court. The application for setting aside a SD is free.

The person issuing the SD should have looked up YOUR local court with bankruptcy jurisdiction and entered that as the appropriate court. However, that is the court it should be done at normally, even if they put the wrong one.

Freepost

ValHaller wrote: »

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?

Good question, and I would have thought that the SD would be presented to a different court to the court where the set aside was applied. How are they tied up?

F.

From fermis' response above perhaps my question has been answered ... thanks

fermi

Set aside is a YOUR local court. BR petition must be presented to YOUR local court as far as I recall, even if the creditor lives no-where near it.

Freepost

One further point and it may muddy the water a little but the SD that I have received has also been sent to my son albeit with his name as opposed to mine.

Can a petition for bankruptcy be applied to both of us for the same debt?

F.

fermi

To be honest, the whole SD and the BR petition system is a bit of a farce. Leaves quite a bit of room for abuse by creditors.

There are several thread over on LB and CAG etc (and 1 here) where by sending to the wrong address, court etc a credit has managed to make someone bankrupt without the slightest idea it was happening.

1st thing they knew of it was when the actual bankruptcy order itself came through the door, and they were instructed to visit the Official Receiver for interview as a bankrupt.

And we are talking about national well known registered debt collectors doing that.

Freepost

fermi wrote: »

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....

And then what ... would I get my day in court? Remember I've signed nothing.

F.

AnnieDaPea

fermi wrote: »

What did they say?

That the information will be forwarded to Stockport Trading Standards, who may then trudge the km or so to 40 Lower Hillgate.

Friday is the next market day in Stockport, so I hope to be able to get a few photos of the building and to talk to someone in TS.

AnnieDaPea

Freepost wrote: »

One further point and it may muddy the water a little but the SD that I have received has also been sent to my son albeit with his name as opposed to mine.

Can a petition for bankruptcy be applied to both of us for the same debt?

Yes.

Does his also bear the "reference" NGBPSTA70213?

Freepost

From UK Business Forums:

How to have a Statutory Demand (SD) set aside

To successfully get a statutory demand set aside one or more of the following must be satisfied:-

* The amount stated on the statutory demand is disputed.
* The person issuing the statutory demand also owes money. This is called a counterclaim.
* The person issuing the statutory demand is holding security that equals or exceeds the amount owing.
* The demand was issued in error.
* The amount owing is less than £750
* Execution has been stayed on a judgement debt.
* The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back.
* The creditor failed to comply with the rules and prejudiced the debtor in the process.

Step 1 - So the best way of dealing with an SD is to accept the SD because it has lots of important information that you are going to need.

Step 2 - Read it carefully and decide if the particulars are correct. The debt has to be over £750 and not in dispute.

Step 3 - Write to the person named in part B of the SD informing him/her that the debt is in dispute and say why.

Step 4 - Print out an Application to Set Aside a Statutory Demand and an Affidavit in Support of Application to Set Aside Statutory Demand which you must fill in and present at the court within 18 days of being served.

I would have a read of this thread over at the Consumer Action Group which has some very sensible advice too.

And that’s the process. If you have any doubts about how to do this then I would strongly recommend consulting a Solicitor.

The above is in the public domain so I think it's okay to post.


F.