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joepottsie

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About joepottsie

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  1. A statutory demand is simply a letter which is phrased in a certain way to meet the requirements of legislation. It must state 'Statutory Demand' at the top of the letter. In 99% of cases, it is used by companies to scare debtors into paying, as it looks official and legal without having official legal costs attached. The other 1%, it's used in order to petition for sequestration. Note that the wording of the quote you give. It allows your creditors to petition for sequestration, but does not give you the immediate right to sequestration. If you keep all your paperwork - it's wo
  2. Ah, I now understand your dilemma. There are a few more ways to access bankruptcy: But I don't think any apply to you. It may be that your petition will be granted based on the details at the point of application. Again, AiB will let you know. Please let us know how you get on. It's an interesting technicality and seems to show a gap in the legislation.
  3. Indeed, the legislation is linked to the minimum wage, so the threshold will rise with it. You should talk to your case officer at AiB to discuss whether or not you are eligible for LILA given the change of circumstances. I would have thought not, as it's before you've even filled out the budget forms. There is obviously a big difference between LILA and normal sequestration, but both should help you financially, especially in the long term.
  4. If you qualified at the time of application then a change of circumstances is not the same as trying to purposeful deceit, so it shouldn't have an affect other than your circumstances have now changed and if you're earning over minimum wage (£220.80 per week) then you will have to make contributions depending on your income and expenditure. Your Trustee will send you out a review form every 6 months to guage if you're circumstances have changed and if you can increase payments. In the end, you will be better off, as it is a 3 year term of payments and anything at the end of which i
  5. http://www.opsi.gov.uk/legislation/scotland/ssi2008/ssi_20080081_en_1 Those are the prescriptions of LILA. I would have assumed that if you are in employment above the threshold at the moment, you will have to pay the Trustee based on your income and expenditure. I don't think you will qualify for LILA if you are currently earning over the threshold, but do ask your case officer/Trustee.
  6. You should discuss this with your case officer/Trustee at AiB. I'm sure it's not the first time such a situation will have arisen. If you are not in arrears to your parents then there is no reason why they should find out. If you are, the Trustee may want to encourage you to add them as a creditor to your case. And just for your ease of mind, the only way they will be implicated is that the address you provide will be published on the Edinburgh Gazette and Registers of Insolvency. They are available to anyone, but the people who actually use them tend to be very specialised in the de
  7. http://www.edinburgh-gazette.co.uk/ Check your name against the Edinburgh Gazette. It will be on there when you are sequestrated. Ask AiB for your reference number in the mean time, but they will be in touch with your creditors soon.
  8. I've never heard of Fresh Start, but Murray White are pretty well known. They're just a debt collection agency. Calling someone who is at their place of work goes against the OFT guidelines for debt collection, so they should act on it, but don't expect a swift resolution - the OFT are notoriously slow in everything they do. In the meantime, your son should tell the company that he is at work and it's against OFT guidance (by recorded delivery letter), assuming he hasn't already done so.
  9. The Communications Act 2003 - S.127. Perhaps there is a letter on CAG to request no more calls.
  10. Pure and simple: It's harassment. Send a recorded delivery letter and I'll dig out the legislation for the Communication Act. People need to stand up to the bullies who think they can get away with anything.
  11. I am almost certain you can write to your creditors and ask them to contact you only by writing and to stop the phone calls, which you consider tantamount to harassment. I don't think it's DPA that covers it, it may well be the Communications Act 2003
  12. That's the great 'benefit' to Bankruptcy. Sounder sleeping, too. Contributions are something you'll have to discuss with your Trustee/AiB.
  13. It will probably mean you'll have to make contributions depending on your earnings. If it's normal sequestration, you're talking about three years. Your statement of particulars/contract/job advert would state if they intend to run a credit search. They can't normally run one without consent. I don't think it will affect your job. They need never know.
  14. What makes you think an employer would fire you for declaring yourself bankrupt? They need never know, unless they happen to check the Edinburgh Gazette, which is unlikely, or search you on the register of insolvencies - equally unlikely. There are certain jobs which require no adverse credit. Is your job in that kind of area?
  15. A charge for payment is served at the debtor's place of residence. So I don't understand why you are advising that a prior arrangement is necessary. It's formal diligence and doesn't require prior notice. SOs and MAAs are required to confirm residency before depositing a charge for payment. The preferred method of service is obviously personally, but depositing when no one is available is common. Confirmation is sought through neighbours to the dwelling in question. It's in the rules of court. Sorry but I had to clear that up. I won't be stating publicly where I'm employe
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