A Different Way To Respond To A Threat of Court Action?

[Anfie]

Re: A Different Way To Respond To A Threat of Court Action?

Thanks for the replies guys, the chargebacks were caused by the Asian (and long gone) fulfilment company i used not following thru and completing the work. Really not sure how to handle this.. I dont have any funds at all and absolutely no assets whatsoever not even a car..however im sure they hear this all the time..

[FlamingParrot]

Re: A Different Way To Respond To A Threat of Court Action?

Ignoring them didnt work for me as i just received a Statutory Demand from the solicitors acting on behalf of PayPal.... It is dated two weeks ago even though it was hand delivered into my post box only today..

That's an old trick that was often used by Lowell, pre-dating the SDs by two or three weeks to give the impression you'd missed the deadline for set aside.

Anyone an suggestions on how to proceed ? Got no assets , money,or job and not likely to have anytime at all in the future...
Would love to hear from others who have dealt with SD's successfully

How much are they claiming? Have you got any other debts?

I notice on your first post you say that BR wouldn't have any impact on you and here your circumstances are not likely to change. If you are in a position where being bankrupt wouldn't have any impact in your life, you could consider letting them go ahead and issue a petition -if they do go that far, which they may not, you just never know. :confused2:

I am nearly 60 years old and now a retired househusband,i have no income and absolutely no assets in my name whatsoever. The house always been in wifes name and she is completely unconnected to the debt. I don't even own a car..
CCJ's or bankruptcy aren't relevant to me anymore as i have no intention of applying for credit in any form in the future.
Should i still send them one of the template letters in repsonse to their assertion that i should inform them if i dispute the debt?
Or simply inform them of my situation and let them waste their time and clients money if they wish to continue to pursue?

This isn't something I would say every day but there are people out there who would like to be made bankrupt to get rid of their debt problems but can't afford to pay the BR fee. It all depends on your circumstances and only you can decide.

[nemesis45]

Re: A Different Way To Respond To A Threat of Court Action?

An SD is effective from the date it is served not the date it's issued.

nem

[FlamingParrot]

Re: A Different Way To Respond To A Threat of Court Action?

Thanks for the replies guys, the chargebacks were caused by the Asian (and long gone) fulfilment company i used not following thru and completing the work. Really not sure how to handle this.. I dont have any funds at all and absolutely no assets whatsoever not even a car..however im sure they hear this all the time..

How much are we talking about here?

[Anfie]

Re: A Different Way To Respond To A Threat of Court Action?

Thanks again for the replies.. The amount at the moment is just under 15k i dont have any other debts

[nemesis45]

Re: A Different Way To Respond To A Threat of Court Action?

Thanks again for the replies.. The amount at the moment is just under 15k i dont have any other debts

Do you have realisable assets sufficient to meet the debt (s), e.g. property/land with sufficient equity to make BR a worthwhile prospect for them.

nem

[Anfie]

Re: A Different Way To Respond To A Threat of Court Action?

Hi Nemesis .. I dont have any funds at all and absolutely no assets whatsoever not even a car..however im sure they hear this all the time..

[jon1965]

Re: A Different Way To Respond To A Threat of Court Action?

The OP has already said he has diddly squat.

[nemesis45]

Re: A Different Way To Respond To A Threat of Court Action?

Hi Nemesis .. I dont have any funds at all and absolutely no assets whatsoever not even a car..however im sure they hear this all the time..

No doubt the do but to issue an SD in a situation where the debtor is in
totally unsuitable circumstances for BR to be viable is an abuse of process.
However you still have to get it set aside and for you a complete financial
statement backed up as you have suggested should quite easily see it off.

nem

[jon1965]

Re: A Different Way To Respond To A Threat of Court Action?

I have to be honest, if someone issued me with an SD I would be one of those saying thanks very much. I have posted this many times including in letters to creditors and so far nothing

[FlamingParrot]

Re: A Different Way To Respond To A Threat of Court Action?

Hi Nemesis .. I dont have any funds at all and absolutely no assets whatsoever not even a car..however im sure they hear this all the time..

As I said above, you need to consider whether it would affect you in any way to be made bankrupt. We have established that it wouldn't be worth their while but our concern is not about them, it's about you. If the SD was set aside, that wouldn't be the end of the matter, they could still issue a claim in the county court to try for a CCJ. Again, a waste of time if all you're going to be able to offer is £1/month but that's not stopped a lot of creditors from trying. Maybe they hope that people will come into some capital, win the Lotto, etc. :mmph:

BR would wipe off the debt and they could no longer take any further action against you to recover anything. Another insolvency option for people with few assets and debts below £15k is a Debt Relief Order (DRO) which has a much lower cost than BR. Having said that, if a creditor is ready to cover all the costs by making you bankrupt, you may want to give that some thought, i.e. whether to let them go on to issue a petition. It's up to you. :decision:

[Anfie]

Re: A Different Way To Respond To A Threat of Court Action?

Many thanks to all taking the time to help with their advice.. and thoughtscon my situation. I'm leaning towards the Addressee not at this address "Strawman" tactic to begin with..

As I said above, you need to consider whether it would affect you in any way to be made bankrupt. We have established that it wouldn't be worth their while but our concern is not about them, it's about you. If the SD was set aside, that wouldn't be the end of the matter, they could still issue a claim in the county court to try for a CCJ. Again, a waste of time if all you're going to be able to offer is £1/month but that's not stopped a lot of creditors from trying. Maybe they hope that people will come into some capital, win the Lotto, etc. :mmph:

BR would wipe off the debt and they could no longer take any further action against you to recover anything. Another insolvency option for people with few assets and debts below £15k is a Debt Relief Order (DRO) which has a much lower cost than BR. Having said that, if a creditor is ready to cover all the costs by making you bankrupt, you may want to give that some thought, i.e. whether to let them go on to issue a petition. It's up to you. :decision: