Statutory Demand related to the Funeral Costs

[kingofkings]

Hello,

 

I'm today, posting on behalf of my Mother who yesterday received a Statutory Demand under secion 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately.

 

It was delivered in person.

 

Now I never knew about this so has somewhat become a shock to me, but now my mother is quite woried since if my father finds out about this, then she will be kicked out so to speak and well I can't let that happen.

 

Here is the document that were received yesterday, and it's related to the Funeral Costs of my Nan that was buried in December 2010.

 

The images have been cropped to save space and filesize but all 'text' is kept, exception for the removal of personal information.

 

 

• Statutory Demand Page 1
  
• Statutory Demand Page 2
  
• Statutory Demand Page 3
  
• Statutory Demand Page 4
   
  
  
• PDF Copy
  

What steps can be taken to resolve this, either by delaying any payment if possible, or managing to get them to agree to paying by installments? And who do I write to?

 

Being honest, this is the first time I've seen one of these so I'm not actually sure what to do so am asking for any assitance and advice of those that have seen / dealt with them before.

Edited April 15, 2012 by kingofkings
Fixed Links

[unclebulgaria67]

99% of the time, the SD is just used as a threat to gain payment of the debt and will not lead to bankruptcy proceedings.

 

Who is chasing for the debt and roughly how much is it for ?

 

Did your mother sign for your nans funeral contract, saying that she would settle the invoice ?

 

Was there any reason to any into any dispute about the funeral companies services or invoice amount ?

 

Nb. The jpg attachments are not viewable.

[BRIGADIER2JCS]

All I can really see that this if from a firm of funeral

directors, any history will help.

You will have to make application to the court

specified in the SD to get it set aside.

[kingofkings]

I've fixed the images, they were wrongly linked.

[kingofkings]

I'll have to get more information on any of the responses so far, and I believe the only reason why it remained unpaid is due to lack of funding.

 

My Nan left nothing so in that respect, I believe my mother could not afford to make payments to pay off the funeral costs and it's in my belief that the only reason that she didn't is because she most likely had to pay other debts /bills to keep a roof over her head. My Father receives Benefits for his disability so there isn't really any available money to be honest.

[BRIGADIER2JCS]

99% of the time, the SD is just used as a threat to gain payment of the debt and will not lead to bankruptcy proceedings.

 

Who is chasing for the debt and roughly how much is it for ?

 

Did your mother sign for your nans funeral contract, saying that she would settle the invoice ?

 

Was there any reason to any into any dispute about the funeral companies services or invoice amount ?

 

Nb. The jpg attachments are not viewable.

Agree still can't read them.

This is not unusual at present to see an undertaker

taking action of this sort, unlike debt collection agencies

they do seem to follow this through.

[kingofkings]

After having a quick word with my Mother, I'm asking her to get any relevent documents she has from the funderal directors, apparently the total stated is what is remaining, half of the funeral cost has already been paid for so this is just the remaining amount.

[BRIGADIER2JCS]

I'm going to flag this up for my colleagues on the team

to get a broader answer for you, getting this set aside

is the most important thing, which court is specified

for the set aside application.

[unclebulgaria67]

Did your nan leave a will ? Were any executors named ? Does your mum have any family who will contribute towards the bill ?

 

It might be worth your mum speaking to Citizens Advice about this. In some circumstances, if there was no one with the finances to pay for funeral costs, the local council authority may have looked at an application to help with costs. There probably would have been some terms/conditions related to such funding.

[kingofkings]

Also, see no reason why the images are not working, but here is a PDF Copy of the images which I've just put together quickly.

 

 

• PDF Copy of Images
  

[BRIGADIER2JCS]

Did your mum apply for a funeral grant from the DWP?

[kingofkings]

Did your mum apply for a funeral grant from the DWP?

 

I believe this to be true.

[kingofkings]

Did your nan leave a will ? Were any executors named ? Does your mum have any family who will contribute towards the bill ?

 

It might be worth your mum speaking to Citizens Advice about this. In some circumstances, if there was no one with the finances to pay for funeral costs, the local council authority may have looked at an application to help with costs. There probably would have been some terms/conditions related to such funding.

 

There was no Will.

[BRIGADIER2JCS]

I believe this to be true.

Was this granted??

You really must contact the court specified tomorrow

and get the forms to get the SD set aside.

[kingofkings]

Was this granted??

You really must contact the court specified tomorrow

and get the forms to get the SD set aside.

 

I believe it was granted, which is how I believe most of the funeral was paid for.

[BRIGADIER2JCS]

The set aside is the next move asap.

[kingofkings]

The set aside is the next move asap.

 

Should I contact the persons in Part B before contacting the court to have it set side?

 

Redwood Collections Ltd, Airport House, Purley Way, Croydon, CR0 0XZ

[BRIGADIER2JCS]

Should I contact the persons in Part B before contacting the court to have it set side?

 

Redwood Collections Ltd, Airport House, Purley Way, Croydon, CR0 0XZ

 

Please read all of the instructions on the SD it will explain exactly

what you have to do.

[kingofkings]

Please read all of the instructions on the SD it will explain exactly

what you have to do.

 

How to comply with a statutory demand or have it set aside (ACT WITHIN 18 DAYS)

 

If you wish to avoid a Bankruptcy Petition being presented against you, you must pay the debt shown

on page 1, particulars of which are set out on page 2 of this notice, within the period of 21 days after its

service upon you. Alternatively, you can attempt to come to a settlement with the creditor. To do this

you should:

 

• lnform the individual (or one of the individuals) named in part B above irrunediately that you are

willing and able to offer security for the debt to the creditors satisfaction; or

• Inform the individual (or one of the individuals) named in part B immediately that you are willing and able to compound for the debt to the creditors satisfaction.

 

If you dispute the demand in whole or in part you should:

• Contact the individual (or one of the individuals) named in part B immediately.

[BRIGADIER2JCS]

You have it, others on the site team

or me will be around to help if needed.

[kingofkings]

Thanks, I've just got the information from my mother so far with the documents she has managed to find.

 

Total Cost: £2,500.58

Payment of £1,200 received on 1st March 2011

Payment of £60.00 receieved on 8th March 2011

 

From what it appears, the amount outstanding is £1,328.10 which is noted on a letter sent with the receipt of the payment of £60.00, so without me knowing why if there has been letters from a DCA before this Statutory Demand was issue, the debt has shot up to £2,155.31 but this may include interest added due to my Mother obviously paying by installments originally.

 

Anyway, I'll do what the Statutory Demand says and contact Redwood Collections, should this be done by phone or letter?

[cerberusalert]

Does your mum have any property or assets? If not I can't see the point of them pursuing a SD as it will cost them in the region of £1k to bankrupt her and if she has nothing then that's exactly what they'll get.... zilch.

[kingofkings]

Does your mum have any property or assets? If not I can't see the point of them pursuing a SD as it will cost them in the region of £1k to bankrupt her and if she has nothing then that's exactly what they'll get.... zilch.

 

No property or assets to her name.

 

So what should I do now, anything different from the above as ready to contact the DCA tomorrow to try and sort something out before contacting the court to set it aside, since it says to contact the DCA in Part B on the SD.

 

If there is anything else I should know before contacting them, that would be great. Thanks.

[cerberusalert]

Put it this way, if your mother has any other debts & this crowd are stupid enough to go for a SD not only will they get diddly squat but all your mothers debts would be taken into account too & in effect they'll be written off.

[kingofkings]

Ok, what are the risks involved if they do go ahead with the SD for Bankruptcy, what is likely to happen?

And what would be classed as an asset, just be sure my mother does not have any?

 

... What about a Bank Account, which is needed for Benefits for my father to be paid into?