ThisSucks wrote: »
I've just been reading up on this and it's not clear why the property company would choose this course of action. They're aware I've been hospitalised and have no income. I have no assets at all, not even a used car. From what I've read you get discharged from bankruptcy after 12 months, during which time the property company would probably not have received any money from me at all. And it would cost them something like £2000 to get the bankruptcy order.
So how does this serve them?
ThisSucks wrote: »
The letter I have received is NOT a Statutory Demand. It is a letter from a process server saying that he has tried to deliver a Statutory Demand and failed and that he's coming back on such and such a date
Just_Di wrote: »
A Statutory Demand has the potential to be set aside if the debt is disputed, so maybe see if that issue is worth exploring.
Was the tenancy agreement in joint names? If so then your ex-partner could be jointly liable for those rent arrears (depending on the circumstances).
How did the tenancy end, such as valid Notice to Quit from your Landlord or possession proceedings including rent arrears (possibly a money judgment) etc?
Was the £7k the actual amount of rent arrears while you occupied the property, or did this figure include unpaid rent due to the end of the fixed term even though you may have vacated before then? If the property was re-let the Landlord can't charge twice for the same rent etc.
Have interest and admin charges been added to the rent arrears, and if so is the amount added in line with any clauses in the tenancy agreement?
I see you've referred to a Deposit which I assume was placed in a Government backed scheme such as the TDS (was it or your Landlord could have a problem?). You've implied that the Deposit issues may not have been resolved.
Most tenancy agreements state that the Tenant cannot use the Deposit to cover rent due, but at the end of the tenancy you may have been able to release the Deposit for that specific purpose (seek advice on this point).
Where is the Deposit now? Is it held by the agent or was it returned to you at the end of the tenancy minus any mutually agreed deductions?
How much is the Deposit (if it still exists) and would that be sufficient to reduce the arrears to below £5k?
You cannot be made bankrupt for a debt under £5k. You say this Statutory Demand is for £7k. If there was a sensible way to reduce the debt to £4,999.99 (such as the Deposit paid over) then you cannot be made bankrupt
The CAB explains this here > https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/bankruptcy-2/creditors-making-you-bankrupt/apply-to-have-a-statutory-demand-cancelled/
If this is your only debt then it would be a pity to let it cause you so much anguish when/if there's a way to fight back with help and support from an advice agency.
If you discover you do have grounds to have the SD set aside (e.g. the debt is disputed) then this can be done by Consent with the property company or whomever is named on the SD.
ThisSucks wrote: »
I'm on virtually no income at all....as I am still not well enough to go back to my old job. I can only just barely afford to eat and keep utilities on. I don't own a car, property or any assets.
What would anyone advise doing next? The amount owed is around £7,000.
If I am made bankrupt, will they take the clothes off my back?
Now received a "Statutory Demand" from the property company at the old place telling me they are applying to make me bankrupt.
Account was closed due to a misreading
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