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Just been Threatened with Bankruptcy

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Replies: 71
By:
redrich
When: 14 Dec 09 19:02
like anyone gives a crap what you think 8sid! :^0
By:
cunnybobbler
When: 14 Dec 09 19:09
i wouldnt steal from a shop but then again the shop wouldnt sell me a tv for £300 then come back to me and say ya know what weve changed our minds its now £1,200 so send us the rest or we'll take you to court.
By:
saxon farm
When: 14 Dec 09 19:12
Thanks for all your post's.
Off out now Carol Singing!
By:
everythings gone green
When: 14 Dec 09 19:13
Pay up you slippery skinflints!
By:
DonWarro
When: 14 Dec 09 19:14
even the word "must" is misleading.

it actually means "may", and is a choice.
By:
Slobodan Milosevic
When: 14 Dec 09 19:14
If I move abroad for 6 years and don't tell anyone can I clear all my debt?

I wouldnt mind 6 years in Australia and a clean slate if I came back.
By:
everythings gone green
When: 14 Dec 09 19:15
Like they're gonna let you in!
By:
Slobodan Milosevic
When: 14 Dec 09 19:18
I have a law degree, has to be worth a few points!
By:
8sid
When: 14 Dec 09 19:18
REDRICH

** OFF AND DIE
By:
yorky
When: 14 Dec 09 19:18
My best one was a guy rang up and said " I am ringing about your outstanding debt ", I went " well thanks I never realised it was so appreciated " and put phone down, he rang back and even he was laughing
By:
everythings gone green
When: 14 Dec 09 19:22
I have a law degree, has to be worth a few points!


Obviously used it wisely if you are drowning in debt!
By:
theresbeenagoal
When: 14 Dec 09 19:41
Got a letter via my mothers off a debt collector about 5 or 6 years ago re. a sky subscription from a previous address and failure to adhere to its minimum term. Rung them up as obviously don't want any black mark against my name, especially for rubbish like that, "Are you a current sky subscriber?", "Yes", "Ignore the letter".
By:
saxon farm
When: 14 Dec 09 23:38
I repeat:

Does the STATUTORY DEMAND carry legal credence?
By:
bw
When: 15 Dec 09 00:11
Does it F***K, just scare tactics.

if you dont want to pay it just ignore the f***ckers.
I cant stand these parasite firms buying debts of banks etc
they just spread misery and put people under additional pressure, you cant go to prison for it so just f**k um!!
By:
bw
When: 15 Dec 09 00:11
off*
By:
statman99
When: 15 Dec 09 00:18
If you borrowed it, you should pay it back.

Where do you borrowers think this money comes from? Thin air? No, it comes from savers going out and working....oh...Oh yes that's right it DOES come from thin air now doesn't it? IT's called QE or something. I think Stephen Fry presents a show about it or something.

FANTASTIC.

DON'T PAY IT.

UTOPIA.

WHAT COULD POSSIBLY GO WRONG?
By:
themightymac
When: 15 Dec 09 00:21
Why don`t the banks accept the 10% of the outstanding balance from the customer in final settlement of the account, rather than sell the debt for that amount to the parasitic debt collectors, who then try to get their pound of flesh from poor debtors, the majority of whom are destitute and unable to pay?
By:
themightymac
When: 15 Dec 09 00:24
I agree that if one borrows, one should pay back, if possible, but in some cases it`s just not possible. In most cases it was the banks who created the problems in the first place with irresponsible lending.
By:
bw
When: 15 Dec 09 00:30
A lot of people have wrongly been encouraged to get into debt by the government and greedy bankers over the last few years, mortgaged up to the hilt because they gave mortgages to any Tom Dick or Harry.

A lot of these people are now suffering, the bankers aren't
they will still get their bonuses even though they were bailed out by the GBP

every recession brings a crop of parasites preying on the poor, another boom industry, more money to the govt

dont pay is my advice, they cant get blood out of a stone

and to all you do gooders who believe the govt bu**sh*t
and say you should pay and feed the machine, just remember there but for the garace of god.... etc..etc
By:
bw
When: 15 Dec 09 00:31
grace*
By:
themightymac
When: 15 Dec 09 00:35
I agree with most of your comments BW - Parasites the lot of them.
By:
bw
When: 15 Dec 09 00:40
correct mightymac, its a shame there is so many people brain washed by our govt

they wouldnt have the first clue about all the stealth taxes
etc, lambs to the slaughter imho!!
By:
statman99
When: 15 Dec 09 00:45
The brainwashing occurs at the borrowing stage not the paying it back stage.

Bleat bleat.

Pay it back.
By:
bw
When: 15 Dec 09 00:48
exactly, encouraged to borrow more than they can hope to pay back, especially with a change in circumstances.

you dont know whats round the next corner
By:
sibaroni
When: 15 Dec 09 08:58
You do need to make an application to set aside the stat demand. If you don't, a bankruptcy petition will follow based on the stat demand, and you can't go behind the stat demand by saying the debt is disputed at that point.

So, make the application. Add a witness statement saying you haven't heard from or acknowledged the lenders in over 6 years, and you will be fine. Might need a trip to court, every chance the other side won't even turn up. They work on the basis that enough slip through the net to make it worthwhile to lose some and win some.

Might be worth seeing a solciitor.
By:
Capt__F
When: 15 Dec 09 10:22
might be cheaper to pay 10 large than call in on a Brief
By:
cunnybobbler
When: 15 Dec 09 10:57
it really gets on me tets when people say you borrowed it so pay it back. yes i borrowed it, at the apr i was given. i didnt know id end up paying back the amount id borrowed several times over and still owe the exact same amount because the bank would put up the interest rate to around double. "you knew the interest when you borrowed" yes and thats the point. it shouldnt even be legal to double the interest rate on money youve already borrowed a decade before at a different rate, its certainly not moral. ive paid back more than i borrowed already, im not paying them it back yet another time and i dont care what anybody thinks.
By:
saxon farm
When: 16 Dec 09 07:41
.
By:
sibaroni
When: 16 Dec 09 07:52
saxon, there is a spate of this stuff around at the moment. Sh*t firms buying up old debt for a few pence in the pound. It has always happened, but not with debts that have passed their limitation. I appeared in just such a situation a few months. The District Judges list was all applications to set aside a stat demand for an afternoon from the same firm. She knocked it out and awarded costs and we had a chat about it in the time left - she was seeing a lot more of it herself.

They play on people who get the law wrong or put their head in the sand. they only need a small percentage.

You have to make an application to set aside. If you have a defence and you don't take it at this stage, you can't really take it at the next stage, which is when they present a bankruptcy petition based on the stat demand. You can base a bankruptcy on a stat demand itself, it doesn't matter what is behind the stat demand. Thats why you have to deal with it at this stage.

Make the application and you will be fine. If you don't and they end up with a bankruptcy petition, you will be rogered. If you can't get the legals right, get a lawyer. They should get their costs back from the other side in any event.

HTH
By:
sidthekid
When: 16 Dec 09 07:54
Saxon read this and send it to them,keeps Debt collectors Away!!!
Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

You are reminded of the following under The Administration of Justice Act 1970.

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c) falsely represent themselves to be authorized in some official capacity to claim or enforce payment;
(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

Be further advised that any further telephone calls from your company will be recorded. (even if not***)


Yours faithfully,
By:
sibaroni
When: 16 Dec 09 07:58
Thats fair enough - I have used Protection from Harrassment Act against leading banks. But it doesn't deal with the debt itself. Don't under any circumstances fail to set aside the stat demand. The above letter is fine - although a sentence about not selling the debt on as well should go in. But it doesn't deal with the central point.
By:
saxon farm
When: 16 Dec 09 10:02
Many thanks, guys.
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