HELP! Advice urgently required

cheekymaliky

I recently had a letter from a company called Daniels Silverman chasing an alleged debt.
I Withdrew my daughter from nursery (I signed a contract) but gave them notice in the form of a posted letter.
In the month of August she consequently dd not attend.
In September Daniels Silverman (D.S) wrote to me demandng full payment for this month of August plus a huge amount of interest, I explained the situation and they said that they would get back to me.
Today they have advised me that after consulting the nursery (it is claiming never to have received my letter) they are petitoning for bankruptcy!
I have sent a letter recorded delivery today stating my case to D.S ,,Does anyone have any idea if this is normal? Surely just because the nursery are claiming not to have received this letter i can be in this position? My word against there's at the least?? Help!

betterlatethannever

I can't be much help, but i think the threat about bankrupting you is just that, a threat. I'm guessing the months fee for nursey is no more than a £100 and it would cost that 7 times that to make you BR (if i remember rightly)
I'm not sure on the legalities of this, but could you contact the CAB? If not can you PM debt doctor on here, who works for the CAB, and they may be able to help you more.
Good luck!

maxmycardagain

I thought you had to be owed over £750 to be entitled to make someone BR?...

cheekymaliky

betterlatethannever wrote: »

I can't be much help, but i think the threat about bankrupting you is just that, a threat. I'm guessing the months fee for nursey is no more than a £100 and it would cost that 7 times that to make you BR (if i remember rightly)
I'm not sure on the legalities of this, but could you contact the CAB? If not can you PM debt doctor on here, who works for the CAB, and they may be able to help you more.
Good luck!

Appreciate the comments but the nursery bill had she been attending would have been around £450! The figure the debt collectors are throwing around is now over £1000.

barron_hard_up

Has the debt been sold on to the debt collecting agency? These guys often apply their own interest rates. Did you make a copy of your letter to the nursery?

betterlatethannever

cheekymaliky wrote: »

Appreciate the comments but the nursery bill had she been attending would have been around £450! The figure the debt collectors are throwing around is now over £1000.

:rolleyes: whoops, you can tell its been sometime since mine attended nursey ( think you paid £5 a week then) now i feel old:eek:

cheekymaliky

barron_hard_up wrote: »

Has the debt been sold on to the debt collecting agency? These guys often apply their own interest rates. Did you make a copy of your letter to the nursery?

I still have a copy of the letter (Thank God) what im wondering is are they just trying to scare me or?? Im in rented accomodation and in receipt of tax creditsso even if they didnt accept that i actually wrote the letter what would be the point of bankrupting me?
In a court surely it would be my word against theirs ..Sorry know im rambling but confused and worried!

Lizzibuff

I would of thought they were just trying to fighten you as end of the day - they would rather have the money!

Definatley worth getting some detailed advice. Try pm Debt doctor or go and see your local CAB.

Also try checking your contract with the nursery. See if it says anything about (supposed) nojn payment and interest charges. to be claiming over £1000 pounds when the bill was only £450 does seem a bit excessive!!!

betterlatethannever

Cheeky, of course your worried an confused. I would be in your circumstances.
As theres some legal issues here it may be best to speak to the CAB. I know it can be time consuming to talk to them but, i think, there is an alternative.
You could try phoning the Community Legal Service. There government funded and were quite helpful for me recently. Even if they can't help, they maybe able to point you in the right direction.
There number is 0845 345 4 345, and there open from 9-5 Mon to Fri. Theres also a web address www.clsdirect,org,uk
Good luck

cheekymaliky

betterlatethannever wrote: »

Cheeky, of course your worried an confused. I would be in your circumstances.
As theres some legal issues here it may be best to speak to the CAB. I know it can be time consuming to talk to them but, i think, there is an alternative.
You could try phoning the Community Legal Service. There government funded and were quite helpful for me recently. Even if they can't help, they maybe able to point you in the right direction.
There number is 0845 345 4 345, and there open from 9-5 Mon to Fri. Theres also a web address www.clsdirect,org,uk
Good luck

Thanks SO much, Will call them AM X

debt_doctor

Hi, now lets see.......

Firstly you have a genuine disputed bill. The courts consider issuing a statutory demand (SD)( the begining of the bankruptcy process ) when there is clearly a genuine dispute is an abuse of process.

You have no assetts so bankruptcy would give them nothing whatsoever and cost them £590 + their solicitors costs = likely bill to them £ 1200. Do we think a debt company would spend £1200 when they know they would get nothing ?? dont think so !

Creditors use the SD to scare people as the serving of the demand initially costs them NOTHING, it does not go near a court at this stage.

Anyone you owe more than £750 to can take the SD route if they wish. I would write to the debt company disputing the debt, indicating you have taken advice, and requesting a breakdown of their charges. State in your letter that you would defend any action taken in this matter, and may well lodge a complaint with the financial services ombudsman ( fso) and the office of fair trading ( oft ). ( just google them for their contact details )

The only logical action they can take against you if they wish is through the county court. You can then send off the defence form and get your chance to dispute the debt.

If they still seem persistant then go to your local cab.

Just for others reading, if someone owns their own home and a SD is issued against them then NEVER EVER ignore it. Get some advice immediately. Virtually all SD's never go past the initial stage but the inland revenue and local authorities issue SD's with real intent.

I see no reason for you to worry in this case.

Best wishes

DD . ps let us know how you get on