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Utility chasing a debt for dissolved company

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  • #16
    Originally posted by PallasAthena View Post
    So to clarify, it isn't an actual court summons, it's their mock up of what a court summons would look like if they issued one? LoL. That's a new one in debt collecting BS creativity!

    Leaving the address issue aside, whose name appears their fake court summons, yours or the now dissolved company?

    I think 'fishing' is exactly what they are doing, trying to unerve you to see if you will pay. You've told them once that the company is dissolved. Don't bother telling them again. I would just ignore them from now on unless and until they send you a formal "Pre-action Protocol Letter of Claim" or you get anything that actually comes from a court.
    The dissolved company is named. They havent used my name at all in any correspondence - just the company name (and my home address).

    the letter says

    "We write further to the above matter to advise that we are now reccommending to Our Client that a claim should be issued at court. You will find a copy of a draft claim form which may be issued at court enclosed for your reference.

    You will note on the draft claim form the extra costs that will be added to your debt. If the claim is issued and a county claim judgement (CCJ) is entered against you enforcement action can be taken via various methods including a high court or county court baliff.

    Payment is required within 7 days of the date of this letter to prevent court action being taken."

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    • #17
      Originally posted by atticus View Post
      Who is named as defendant on this attempt to bully you?
      The (dissolved) company
      Last edited by CharlieChops; 17th April 2024, 18:42:PM.

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      • #18
        Originally posted by CharlieChops View Post
        If the claim is issued and a county claim judgement (CCJ) is entered against you enforcement action can be taken via various methods including a high court or county court baliff.
        The whole letter is just debt collector BS - note the all-important word "If"....

        And if it is issued it won't be against you because it isn't addressed to you but to a dissolved company! The "you" in their letter isn't you!

        These debt collectors are, not to put too fine a point on it, stupid. They just want money so they'll say and do anything however ridiculous it is if they think it might bully someone at the address to pay them something. They don't care whether the person actully owes the money, they have no moral scruples at all.

        You will also note from their letter that they don't own the debt so they cannot themselves make a decision to issue proceedings against anyone.

        Ignore per my earlier post.
        Last edited by PallasAthena; 17th April 2024, 19:03:PM.
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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        • #19
          Originally posted by PallasAthena View Post

          The whole letter is just debt collector BS - note the all-important word "If"....

          And if it is issued it won't be against you because it isn't addressed to you but to a dissolved company! The "you" in their letter isn't you!

          Ignore per my earlier post.
          Thank you for your advice.

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          • #20
            There you are. The threatened court action is not against you.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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