Insolvency order?? What? Please help!

skintygerlinky

Last December (2013) a relative (M) went to court. He'd been paying a debt on a weekly basis to a company I'll call R.

R had contacted him to ask if he could increase his weekly payments - he agreed. However they still gave him an insolvency petition (sorry if I don't have the right jargon). It went to court and the judge set it aside, saying my relative had not defaulted on payments and had agreed to increase them. M received a letter on 23rd Dec to state firmly that the judge had set the insolvency petition aside.

So tonight a rep from R appeared at the door and gave a M's daughter a letter for M - it was a petition for insolvency from a company representing R.

How can this be???? M has not defaulted on any payments and has not received ANY letters requesting payments be further increased etc.

Any advice or guidance received will be appreciated!

fermi

That is incredibly vague?

So there was a statutory demand that was set aside? An now a bankruptcy petition has been presented?

Or something else?

skintygerlinky

Sorry but this is all new to me.

From what I can gather, M received the same paperwork last December, it went to court and the judgement was set aside as the judge stated that the company, R, had no case against him. M had NOT defaulted on any payments and had also accepted R's suggestion that he increase payments.
M received a letter on 23rd Dec confirming all of this.

He has not defaulted on any payments since then. He has not received any correspondence or further demands from R. Tonight someone has appeared on the doorstep with the same paperwork as last time.

Has there been some breakdown in communication?

tigerfeet2006

Please can you let us know which firm this is as it sometimes helps the people who know about these things understand what may be happening, especially if it is a company who has form for this sort of thing.

Also how much was owed, is now owed and what a re the repayments.

debt_doctor

Hi,


As others have suggested, you are anonymous so if you say "my sister, my husband" etc, then they are anonymous too, and it's an easier story for us to understand. It is also important for us to know who the creditor is.
On the face of it, one Statutory Demand (SD) has been successfully set aside by a District Judge (DJ).
Then it appears, the creditor have now issued a new SD - Is that correct?


If the above is so, I would immediately attempt to set aside the new demand, with the decision of the court from the previous SD. Provide the paperwork from the court of the 1st SD, to the court when they look at the 2nd SD set aside request.


Then, if the creditor is a consumer credit licence holder, I would make a formal complaint in writing by recorded delivery with a view to getting this to the FOS, which should stop any future SD's.

skintygerlinky

Thanks debt doctor!!

Yes, this is exactly what has happened. M has all the paperwork here which sets out the judgement of the first statutory demand which went in his favour. The company, R, wrote to him agreeing with this judgement providing he doesn't default on repayments.

He hasn't - he pays weekly and all his receipts from R state this, right up to today.

How can they issue a further SD if he hasn't defaulted??
M is contacting his own accountant for informal advice and wants to telephone the company R first thing on Monday to find out why they are acting like this. Is this a good idea? Or ask a solicitor to do that for him?

Any thoughts or guidance is very much appreciated. Thanks for your support so far, guys.

arcon5

Does he have assets of value? If so it sounds like they know this and want their money sooner rather than later.

You need to follow DDs advice - but do not ignore it