threatened with bankruptcy

[Dishidox]

He paid in April then got all the nasty letters he thought they would accept his offer how wrong he was

[dx100uk]

that's ok , just missed a month.

 

theres nothing wrong in paying what you can whwn you can.

 

shows goodwill where it might be seen as avoidance in a way.

 

go well for him IF it ever went to court

 

dx

[Dishidox]

Thank you Dx

Gonna pop a letter in post to oft with copy letters he has given me

[BRIGADIER2JCS]

Hi Dishidox,

#DX100 has asked me to look in on this.

 

In my opinion if a statutory demand is made it could be set aside because this company has not exhausted the lesser methods of debt collection up to including a county court claim.

The bankruptcy process should be the last resort of the debt collection procedures.

 

I can if need be draft a letter for you later today.

[sequenci]

Hi Dishidox,

#DX100 has asked me to look in on this.

 

In my opinion if a statutory demand is made it could be set aside because this company has not exhausted the lesser methods of debt collection up to including a county court claim.

The bankruptcy process should be the last resort of the debt collection procedures.

 

I can if need be draft a letter for you later today.

 

The grounds for setting aside a statutory demand (as per Rule 6.5 Insolvency Rules 1986) are as follows:

 

(a)the debtor appears to have a counterclaim, set-off or cross demand which equals or exceeds the amount of the debt or debts specified in the statutory demand; or .

(b)the debt is disputed on grounds which appear to the court to be substantial; or .

©it appears that the creditor holds some security in respect of the debt claimed by the demand, and either Rule 6.1(5) is not complied with in respect of it, or the court is satisfied that the value of the security equals or exceeds the full amount of the debt; or .

(d)the court is satisfied, on other grounds, that the demand ought to be set aside.

 

There is nothing to prevent a creditor using the bankruptcy route rather than the country court route, so do ensure that one of the above grounds is considered - otherwise a set aside may not be granted at the hearing, and it could trigger further costs. I agree, in principle, with what you're saying - that bankruptcy should be a last resort, and luckily most judges will totally agree with you.

[Dishidox]

Hi brigadier thank you ever so much for looking at this and please could you draft a letter as I'm way out of depth with this, but I'm trying to help a desperate friend

[BRIGADIER2JCS]

Hi brigadier thank you ever so much for looking at this and please could you draft a letter as I'm way out of depth with this, but I'm trying to help a desperate friend

 

Ok will do that for you as soon as I can.

[Dishidox]

Thank you do I send it to the dca?

[BRIGADIER2JCS]

DCA +Copy to Creditor.

I'm just waiting for some docs to come through that are urgent, the I'll get on to the letter.

[Dishidox]

Thank you very much appreciated brigadier

[Dishidox]

thank you, as ill get it in post asap

[BRIGADIER2JCS]

this is the original thread with the right attachment sorry for any confusion

 

hello everyone,

im trying to get some advice for my friend who is in fiancial difficulty at the minute, he got made redunant 2011

 

after being on the dole a while they helped him set up a business,

 

everything was going well but the work started slowing down,

 

he had a account with a builders merchant that was fine,

he asked to pay reduced payments for a while to get himself back on track as work is slow,

 

they agreed but now want silly repayments back £500 per month

 

he said he couldnt afford it and offered £100

they said no but will accept £250 per month,

 

he wrote back saying

im sorry payments too high i dont want to say yes then cant pay

please accept my payments of £100,

 

received a letter(see attached ) this morning threating bankruptcy

 

he doesnt own his home he lives with his girlfriend in he rown house (he is not on mortage) hes in bits & worried sick,he wants to pay the debt but they are being unreasonable

if anybody could give some advice for him it would be greatly received

 

 

 

To Whom it may concern.

 

Re: Proposed Statutory Demand For Payment.

 

I refer to the letter date xx xx xxxx threatening the issue of a Statutory Demand for Payment regarding a debt in the sum of £ xxxx.xx relating to a trade account with xxxxxxxx builders merchants.

 

 

For your information and for the avoidance for misunderstanding please note the following;

 

I xxxxxxxx state that I have no realisable assets to meet any such demand.

I do not own outright or jointly any property.

I have made reasonable offers of payment of the outstanding amount which have been rejected without due consideration to my current financial status.

I am able to make an offer of £xxx.xx per calendar month which should be given reasonable consideration.

Should a statutory demand be made I will apply for it to be set aside for the reasons stated above.

 

All due consideration should be given to the above and the saving of costs and court time.

 

Signed..........................: Date...............................: print name.

 

Witness to signature...............Date.........................: print name.

 

Apologies for delay called away.

Edited May 31, 2013 by BRIGADIER2JCS

[Dishidox]

Thank you I'll get that in the post today

[Peterbard]

To Whom it may concern.

 

Re: Proposed Statutory Demand For Payment.

 

I refer to the letter date xx xx xxxx threatening the issue of a Statutory Demand for Payment regarding a debt in the sum of £ xxxx.xx relating to a trade account with xxxxxxxx builders merchants.

 

 

For your information and for the avoidance for misunderstanding please note the following;

 

I xxxxxxxx state that I have no realisable assets to meet any such demand.

I do not own outright or jointly any property.

 

.

 

Apologies for delay called away.

 

 

Please don't take this the wrong way. Whilst this may be a good reason for the litigator not to pursue a Bankruptcy petition, it is hardly a reason for a court to dismiss one.

 

Bankruptcy is after all a condition where one does not have the means to meet thier obligations, by its definition.

 

I take it that his is not an application for a charging order or the like.

[BRIGADIER2JCS]

The Creditor is not going to achieve the outcome it desires if a petition is made and I would expect them to get far less than they would if they accepted a repayment plan, even if they made a claim via the county court.

 

BTW I have achieved SD set aside on exactly the same grounds for others in this situation when there are no realisable assets, judges perceive how pointless such action is in this situation.

[Dishidox]

Thanks everybody for all the advice all letters sent now just wait to see what happens I'll keep you all posted

[BRIGADIER2JCS]

Thanks everybody for all the advice all letters sent now just wait to see what happens I'll keep you all posted

 

Let's hope this gets sorted out now!!

[Dishidox]

Let's hope this gets sorted out now!!

 

Thank you brigadier vue been a star

[BRIGADIER2JCS]

Thank you brigadier vue been a star

 

Always happy to help!!

[Dishidox]

Hello Everybody,

My friend has received this letter back from the dca company this morning ( please see attched)

also he sent a letter again asking builders merchants to accept monthly payments for £100 plus he put a cheque for £100 in with it (letter dated 28.05.2013) £98.64 has been deducted from the amount in this last letter

any advice would be greatly received

[BRIGADIER2JCS]

Well at least they are going the CCJ route not BR.

 

So I would suggest he sends this to the BM now.

 

 

Si/Madam,

 

I refer to my recent letter regarding the payment of the outstanding amount of £xxxx.xx with which I enclosed a payment of £100.00 and offered to clear this debt at this rate per calendar month, the cheque has been cashed.

 

I had expected some understanding of my situation and that you would give due regard to this reasonable offer although it seems I was mistaken having now received your letter dated xx xx xxxxx stating you that you are issuing a county court claim.

 

I would urge you to reconsider my reasonable offer once again as I will be stating in court how I have tried to resolve this matter without recourse to litigation ad as with court costs, solicitors cost added to the balance should you achieve a judgement I shall have to ask the court to order a much lower level of payment.

 

So I confirm that my offer of £100.00 pcm stands despite previous rejections and would suggest that this accepted to save costs and court time.

 

OK recorded deliver addressed to their Company Secretary.

[Dishidox]

I'll do that now thank you

[Dishidox]

hello everyone,

just an update since the last letter my friend has received nothing from anyone so hes just been paying the £100 as he agreed to do, he sent all the letters he received from the debt people to oft and trading standards which there looking into, so all is quiet at the min, thank you all for your brilliant advice