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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Creditor sending legal papers to third party when I am of NFA


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Good afternoon all,

 

I was employed as a contractor with a small company.

 

They advanced me my fee in advance of work carried out and then cancelled the contract and asked me to pay back the advance.

 

I had already used the money for urgent matters but undertook to repay them asap.

 

They gave me a piece of paper with a date to pay back by which I agreed to as at the time I felt this would be enough time.

 

Unfortunately things did not improve for me and despite my communicated intention to pay the debt back they have not accepted my situation and are going to take action to retrieve the money.

 

Unfortunately I am currently of no fixed abode and staying with friends.

I cannot give the address as this is obviously not my registered address .

They are now threatening to send legal papers to the net of kin I gave on my initial contract.

 

I have given my undertaking to pay back and have been in conversation on email but they are using this as leverage to get me to pay.

 

Are they able to do this legally or can I advise them that this is not acceptable?

 

Thanks very much in advance

 

GIB

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Why do you think they can't do that?

On what grounds?

That you are of NFA?

 

Service to last known address is perfectly acceptable

(otherwise all anyone need do to avoid a debt would be to go NFA ......)

That you don't owe them the money?.

yet, you seem to accept that you do.

 

What you mighty be better doing is agreeing a Tomlin Order for what you say you can pay back and when ...

letting them know that if they went for a CCJ they'd be no better off with you being of no fixed abode, as they'd have trouble enforcing it.

 

They may not agree to this (given you have offered them an agreement in the past and not been able to stick to it),

but it is worth a try

(just only offer something you know you will be able to keep up with, even if it is a small but regular payment, otherwise there is no point!)

 

Looking at it from their point of view,

your INTENTION to repay it is all well and good,

but you've already given them one agreement and then breached it.

 

So, you need to offer them something new,

rather than just intentions,

or a new (but not easily enforced) offer..

 

. the Tomlin Order gives them a slam dunk CCJ if you breach the new agreement (so that is the attraction for them),

as well as getting them something now without a full court hearing.

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Surely if they cancelled the contract they forfeit any claim to money already paid?

 

Depends on the agreement’s T’s & C’s.

The OP seems to accept they owe them some key net. If that isn’t correct then sure, fight it .......

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not necessarily,

 

it could be that the verbal agreement made and the cancelling was that he paid the money back and then he owes t.

 

If the OP hadnt agreed to this then they could possibly sue the company for THEIR breach of contract and claim the full amount promised for the job.

 

What we dont know is exactly what the OP agreed to at the time of the offer and cancellations other than he had a bit of paper thrust at him.

 

Surely if they cancelled the contract they forfeit any claim to money already paid?
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