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Everything posted by joepottsie

  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 worth going through them to see if any creditor has ever sent you a statutory demand. You would probably know if you'd received a form 16.15G (charge for payment of money) as it's served by a Sheriff Officer or Messenger at Arms.
  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 is written off. A final dividend is paid to your creditors depending on your contributions and expenses of your Trustee. You will never again have hassle from the creditors you owed. However, you will never be allowed to be the director of your own company or an MP and you will find it difficult to get credit in future; especially the first 6 years after being discharged, when the Bankrtupcy will show on your credit file. During the Bankruptcy, you won't be allowed to hold more than £250 worth of credit without informing the lender you are an undischarged bankrupt and without the consent of your Trustee. Frankly, I'm a bit shocked that this wasn't all explained to you previously.
  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 debt management/collection industry. It will be recorded under Public Information of your credit reports, but again, this is specific to you; not their address.
  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 employed, for obvious reasons.
  16. I've re-read and I can't see where it says he's already been served with a charge.
  17. Sorry I misread. I thought it was pre charge for payment. They can, however, personally deposit an arrestment at a place of employment. Apologies for the mix up
  18. You could claim for emotional distress, but again, finding a lawyer will be the hardest part. Worth a shot, I'd have thought.
  19. If it was deposited for you personally, you have 14 days before they can take further action, such as earnings arrestment. I had this problem with Scott & Co a few years back. The difference being that they eventually agreed to my reduced payment plan. The new rules (of April) mean they can take 19% of your earnings. It's paid as you are; i.e. weekly if you're paid weekly, monthly if monthly. So it can be quite a chunk of your earnings. What we sometimes were 'trained' to do in BCW Group when I worked there (for my sins) was to reject any offer on the first phone call; accept a slight reduction on the second phone call and then accept the debtor's proposal on the third phone call. You could give it a go. It's only a few minutes phone call and worth finding out. If not, you may be better off with the arrestment. But accept their proposal at first for 2 months then call them and ask if they're willing to accept a lower monthly plan. If not - you've bought yourself two months and they will arrest your wages anyway. The only problem is that you are going to be charged for the cost of the diligence. The costs vary depending on how far you live to their office and if it was a Sheriff Officer or Messenger at Arms who served it to you. The SO or MAA will have signed the SAC with their occupation, so you can work it out by checking theAct of Sederunt charges for SO/MAA legislation... Or call and ask them. Good luck.
  20. Dispute the debt directly with S&C and make them do the leg work. In the meantime, make sure you don't have any more than £415 in your bank account, or they could seize it via arrestment. As previously said, S&C are not a lowly debt collection agency. They are Sheriff Officers and Messengers at Arms and they WILL follow up on their threats. If you don't contact them, generally within 14 days, they WILL instruct a Sheriff Officer or Messenger at Arms to personally visit you at your home and/or place of work. They will deposit a form known as a charge for repayment of money with you or leave it for you at your home. If you are not at home, they have the requirement to verify your residency by interviewing your neighbours to confirm you live there. It's a pretty serious matter.
  21. Technically, it does come under the Data Protection Act, but a recent documentary on TV was shown whereby a guy went around shops with a huge sandwich board around him and then asked for the CCTV footage - out of 10 organisations, 1 supplied the requested information. Even at that, it would outwith the requisite time period. You could try your luck with Legal Aid, but as MM stated, finding someone to take the case on would be problematic.
  22. If you are in mortgage arrears (according to abbey) it may be difficult to get a good mortgage. Are you locked in? Have you complained in writing with evidence directly to Santander (Formerly Abbey)? If you have not done so already, you should send bank statements to Santander showing the payments to your mortgage and ask that they update their records. You should also check your credit report for any missed payments being recorded.
  23. Please don't wish it on all of us. Some of us a genuinely sympathetic, attempt to be helpful and 'fell into' the job but don't really want to be causing misery.
  24. A client telling me he had a Court Fine which he hasn't paid. When I told him it was serious and he should contact his court and that he could face a prison sentence - he replied "How long may that be? I'd be willing to do a few weeks just to clear the debt" "[email protected]£!" WHY?!
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