Statutory demand from 1st credit

desperado1_2

Good afternoon all

Hope you can help me with my problem.

I have today received a Statutory Demand from 1st credit for a debt I have with Barclaycard for £4803. It was posted on the 12/10/07 and only received today 8 days later. It was posted with 22p franking mark on it.

There is no way we can pay this sum in full, and obviously we do not want to go bankrupt, my husband phoned them this morning, and they said nobody was there to deal with his case, so my husband gave his mobile number for them to phone us on Monday. 2 minuteds later he got a phone call back from them wanting some details, he told them we had our house repossessed in January, etc they told him it was to late to offer payments now, they will petition for bankruptcy or bailiffs, but could he ring back on monday morning.

Have an appointment with payplan on tuesday morning.

I dont feel we have any grounds to have the demand set aside, can anybody give us any advise as what we can do.

My husband has a small scaffolding business if he is made bankrupt willhe lose his lorry and scaffolding tube etc,

Any help would be greatly appreciated as we only have till the 30/10 until the 18 days r up.

tHAanking you all for any help

fermi

Most (95 %) of stat demands are purely scare tactics by the creditor.

See: http://www.insolvencyhelpline.co.uk/legal_issues_explained/statutory_demand.htm

You are going to talk to Payplan, which is a great thing to do since they deal with creditors trying silly tactics like this on a daily basis. Since the demand came 2nd class (i.e. not served properly, even by substituted service) then it is probably not legal anyway.

Notice from the info in the link I posted that it costs a creditor nothing to issue a threat like this, but it potentially costs them between £500-1500 to follow it through with no guarantee of getting a penny back.

Remember, 1st Credit will try and mislead you with regard to the seriousness of the threat, so make sure that you get advice from Payplan and/or the other places in my signature.