Jump to content


Statutory demand in bankruptcy


d_smiff
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4004 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Evening all,

 

I have recently received several communications for a company called godebt.co.uk who are chasing a debt of £1007 from me.

 

I contacted them a few weeks ago by email with an offer to pay back £40 / month. They refused this, claiming that they do not have to accept partial payments due to the long term of non-payments.

 

So, they demanded full payment - something that I cannot do right now. I'm already paying out £500 / month on a debt management plan - which includes a CCJ. (I (stupidly) accidentally missed this debt out when setting up the debt management plan).

 

Now I have received a couple of letters from godebt.co.uk saying that they are going to server a Statutory Demand in Bankruptcy. They also claim that they will add "costs in the region of 1600.00" to my debt.

 

So, I have a few questions that I would be very grateful if someone out there could help me with:

 

1) Are they allowed to refuse to accept partial payments on the account?

2) Would they really be able to add £1600 as costs to the debt?

3) Should I take the threat of bankruptcy seriously?

 

It's also worth mentioning that I would be in a position to pay off the debt in December - can you advise if it is worth trying to delay this whole process until then - and if so, how would I do that?

 

Lastly, I have to say that I'm totally impressed by the knowledge being shared on these forums, and the good will of people trying to help out other people in need... great to see.

 

Thanks for reading

Link to post
Share on other sites

Is the DMP your using free? Or do they charge a fee?

 

Go debt are only 8 years old so are relatively new kids on the block, trying to make a name for themselves.

What is the debt relating to? A loan Credit card?

Print a copy of that email they sent you off, as foolishly they have refused an reasonable offer of payment, and if they intend on taking this to court, the judge will laugh at them and ask them why they refused a payment?

 

Can you scan and post up what they have sent you, is it a statutory demand, or is it simply threats that they will do this?

If they are foolishly threatening you with this after you have offered them a payment then they have a lot to learn, and a CPR request will be in order. fools.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Thanks for the quick response.

 

The dmp I'm with does cost money. I'm with Money Worries. Are there free options out there that I could switch to?

 

The letter that they have sent is simply a notification saying that they are going to serve a Statutory Demand. (i've attached a photo of the letter - apologies for poor quality)

 

What a CPR request?

Link to post
Share on other sites

Can't really read it, can you type what it says, not the ref numbers etc just the threat they have sent.

A CPR request is Civil Procedure Rules, and it would be a part 31 'disclosure and inspection of documents'

Simply means that you send a request in to them for them to show you what it is they intend on using in court to enforce any action against you in relation to the alleged debt, but type up what they have said first, they might just be punching above their weight.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Thanks for the info on CPR. Also, to answer your earlier question, the debt relates to a laptop that I bought a long time ago from Dell.

 

Here's what the letter says:

 

Dear Sir or Madam

 

RE: CIT GROUP (UK) LIMITED

Outstanding Balance: 1007.44

 

We note from our records that we have not received full payment.

 

We have now asked our agent to attend your home to serve a Statutory Demand in Bankruptcy and to assess your assets.

 

Once a bankruptcy order is obtained the Official Receiver will close your bank accounts and seize your goods and assets.

 

Costs in the region of 1600.00 will be added to your debt.

 

Yours faithfully

Link to post
Share on other sites

Guest Cartaphilus

Thanks for that, as I was trying to run your image through some image resolution filters. 9 guests. Very popular tonight.

Link to post
Share on other sites

Oooh Hello Guests!:eyebrows:

Thats them trying to sound professional, IF these fools do actually have any secret agents :spy: who they can afford to send out to issue a SD, then it will be easy to defend and hopefully have set aside, however if you can reduce the alleged debt to under £750, even by one pound, then they cannot issue BR proceedings.

The fact that they have threatened this MUST be reported to the OFT & TS via http://www.consumerdirect.gov.uk/contact

 

Have you ever asked to see the original agreement, if this laptop was on finance?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Sorry, I'm a little confused by that last post... what should I be reporting to OFT & TS?

 

I haven't asked to see the original agreement... I assume that this is what the CPR is for?

Link to post
Share on other sites

Guest Cartaphilus

The only thing I have noted about it, is that it is an incredibly short Statutory Demand? I've never seen one, but wouldn't it contain more information?

Link to post
Share on other sites

Guest Cartaphilus
I haven't asked to see the original agreement... I assume that this is what the CPR is for?

 

Then I think you should under the circumstances ... If you had finance, then there should be an agreement in existence somewhere. Seems straight forwards to me. You had it on credit after all ne finance.

 

Sorry, I'm a little confused by that last post... what should I be reporting to OFT & TS?

 

The fact they've threatened you in this way, in their short letter saying it's a statutory demand.

Link to post
Share on other sites

If it was me in your position, I would first of all send off a CCA request to godebt, you normally have to send this off to whoever owns the debt...godebt are a delinquent purchaser of debts. I would also send a SAR to the original creditor too. (The CCA costs £1 - send ALL correspondence by recorded delivery - The SAR will cost £10 - again send by recorded delivery and it is usually advised that you send the 'fee' in the form of postal orders) you don't need to sign the letter for the CCA, but you will have to sign the SAR letter you send - but put crosses over your signature so it can't be lifted)

 

As for the DMP, Payplan and CCCS do not charge, why pay this company a fee when the money you pay them can be going towards paying off the debt !!

 

They can issue a statutory demand unless there is a dispute. Or there would be a dispute when you applied to set aside the statutory demand.

 

As for reporting to the OFT then their guidelines clearly state.

 

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

 

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

c. refusing to deal with appointed or authorised third parties, such

as Citizens Advice Bureaux, independent advice centres or money

advisers

 

d. contacting debtors directly and bypassing their appointed representatives

 

e. operating a policy, without reason, of refusing to negotiate with

debt management companies

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

This is a quote from the previous Undersecretary Of State For Trade And Consumer Affairs

 

"debt collectorslink3.gif who issue stat demands without giving debtors reasonable opportunities to agree a repayment schedule are likely to be in breach of the OFT's debt collection guidance. This guidance outlines the type of business practice that the OFT consider unfair and therefore incompatible with fitness to hold a consumer credit licence.

 

In addition to this, the government has recently strengthened the OFT regime to give them greater powers to investigate and take action against unscrupulous or incompetent firms. The OFT will be targetting its monitoring and scrutiny activities on debt collectors"

 

I think a letter to your local MP or the Consumer Minister might be a good idea....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

As they haven't yet served the SD you can use CPR. If you wait 'til they do, you cannot.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...