Hi All, So to update, he was two weeks away from a court hearing for bankruptcy, he continuously tried to settle the debt with shoesmiths as the court date drew closer and closer, They kept refusing the offers he was making at levels he could afford to pay as a lump sum payment. In the end, two day from the hearing he asked what they would accept. The figure was 18 thousand. I made him ask that it was in full and final settlement and that they would no longer report on his credit file so that it didn’t effect his business going forward. They agreed to that and he payed them 18 thousand. Which he will be paying back for many years to come. Sorry i I don’t have better news.

debbbbsy Sorry to hijack this thread, but right at the start of a very similar situation with shoosmiths and RBS, could really do with some guidance. Came to site once before, and couldnt get advice, it ended up with sending out the wrong SAR to the wrong people, need to act fast. Thanks

That was the original point ... He has no memory of ever signing this personal guarantee, all he remembers from that day, was them trying to push him into taking the £25000 as a personal loan, And them them insisting he took out some insurance type thing on the overdraft, payment protection. He has no paper work, or statements, or anything to say what he owes, if he owes! Thats why i came here at first, I knew this from 6 years ago when all this started!

Hi unclebulgaria67 Friend asked me what he should do, I had told him i had posted in here, and read lots on here about finding out debt collection, and weather or not they had a legitimate right to pursue the debt etc, some for my own peace at times, and he asked could i get any advice about the income and expenditure form they sent him, that was all. He has a tight monthly income, so going seeing a solicitor is out, as paying for one would then lessen his offer of a full and final settlement. I just thought there was something he might do before opening his wallet, and letting them take what they wanted. Right now, they have given him 7 days to respond with and income and expenditure form, and he has 2 days left. He is just about to do as he is told by them. He does not use a computer himself, and would be at a loss in the forums. But i will pass on the advice that its to late for the forum to advise him. He is very much defeated in it, as it only came to his attention when it was too late. I knew all the details as i saw him through the liquidation of his company initially. Thanks again.

Erm, ok thanks anyway.

Erm, ok thanks anyway!

Hi again, Well, im hoping i can get some further advice now things have changed a little and moved on with this, I wondered if you guys could offer some further advice. I managed to get word to my friend about the statutory demand, but it was outside of the 18 days he had when he got word. So im assuming this made the statutory demand stand. He contacted shoesmiths and was given the run around for a couple of days, as the person dealing with his case was out of the office for a few days.. When he eventually did catch her, he asked if the bank would take a small lump sum and a final settlement, as his monthly income was low and he had some savings he would use. He was told the bank would do nothing until he filled in an income expenditure form. which they have sent him. This is the worry for him now. He, along with 2 other partners is the company director of a year old company. Its a Ltd company, and hes an employee of it. So now they would have it over his head about making him bankrupt im assuming is his main worry. He said he just wants to get this out of the way and behind him, I told him from what ive read on here It isnt going to be that simple. I told him i would post in here to see if there was any way forward or advice he could get. Many thanks for looking at this again. A few questions. Are they likely to accept around £8000 off a £25000 debt (absolutely every penny he has over his very tight monthy income) How much information does he have to give on the income and expenditure form. (they want his work address, along with every other piece of information about his work, ie phone numbers payrole numbers etc) They said they want proofs of everything, ie income, and all out goings... Regards .... Friend in need

Hi unclebulgaria67 Thank you for your advice and patience. I gained some insight from ringing shoosmiths earlier today. Its clear they are playing dirty to serve there statutory demand. But as its clear I can do nothing but wait for the next door knocking interview, and cross my fingers someone gets word to him. Its a shame these people get away with their antics! Thank you all for your replies

Thanks andyorch Then i guess there is nothing i can do if its a legitimate document. I rang the place that it was sent from today to tell them yet again he doesnt live here. It was interesting to say the least. All i can do is hope he gets in touch in time. Hi dx100uk Given the previous advice, is there any point still uploading the letter?

Hi unclebulgaria67 We do have friends in common and ive contacted them to see if they can contact him, since i became house bound, i had little contact by choice with anyone by my choice. So I havent given up hope that he will get in touch in time. Im just at a loss how they can but legal document through my door that has a time limit on it, but with no date to start off the time limit, that's frustrating in the circumstances. As for him letting his creditors know his address, these people only started to send letters after he moved out, his business was liquidated. and he was here for 8 months maybe a little more, and nothing came from anyone. So he doesnt know as far as i know, that these people are after him. Not sure of his current situation, but when he lived here, he had nothing, bags of clothes and a games console. i assume he hasnt taken out credit, because a) he wouldnt be able to pay it back. or b) he wouldnt get it. I stupidly assumed that legal papers had to have a current date on them, but if thats not the case. then im working blindly on finding him in time. I wanted to try to gather advice to give him if he turns up on what he needs to do fast.

It was hand delivered through my letter box yesterday, So now I have 18 days to find him, and for him to act in that time. I question the date, only because i wasnt sure if they had to make clear when it was put through letter box, Or served . like they could now say he got it a month ago and have already acted on it. Is that possible, can he get bankrupted and him have no knowledge about it? I have made no effort to contact him to tell him in the past these people was looking for him, and i feel terrible its come to this because of my ignoring the dept collectors. I just felt it wasnt my place o do there job for them, i was more concerned with the embarrassment of them coming here. If he gets bankrupted, it would be my fault.

Hi unclebulgaria67 Dont care about compensation, i just want it to stop, There are nurses here daily, and i dont want these people hanging around my home. And revealing to people freely why they are here. At least this has given me something else to concentrate on!

Thanks andyorch So if the date on it is October 9th last year, there is no point in me trying to contact him, as hes already out of time? As in, he doesnt actually even have the 18 days, because if i found him, he would have no way of proving when it was actually served?

Hi unclebulgaria67 He did not give them my address ever. As at the time of his business going down, he lived in his family home. But while he stayed here he did, with my consent open a bank account, and take out a mobile phone contract, as when his business went so did his bank account and his phone contract was in his business. I totally understand what you say about the 'independent letter' but i dont have any dealings with anyone out side of my immediate circle, ive fought hard over the years to actually stay independent from social services etc, as in my own words. 'my body doesn't work, but my mind does'' And the only independence i have is the ability to run my own life. Sounds stubborn i know, but it got me this far! I know im not the debtor, but my reason for writing to them, is not for information about what they want with him. But for them to stop coming to me. As for data protection. Well Robinson way so far told me and some one at my property he owes them money. Told me he has a son. Told me he took credit out recently. Not sure they understand data protection at all.

Hi guys The letter says is for a personal guarantee against a business debt, does that make the difference? Dx that would be fine, but i didnt cross out the personal details on the pictures, and ive sent someone to have it copied so i can use them to take out the details.. does that matter? My intentions today are to put a letter together for all of the companies that have been here lately, tell them once and for all in writing he is not here, as an after though, i wondered if i should bother writing one to the Royal Bank of Scotland?

I don't have a scan facility but I might be able to take pictures and upload then tomorrow, will have to read up on how to do it first.

The only date on the statutory demand hand delivered yesterday is under a signed and Section of the forms and says 9th October 2015. There is no other date any where on the forms headed 6.1

Thanks dx Thats what confused me, this statutory demand says he has 18 day from the date it was served, It was pushed through my door at about 3pm yesterday afternoon hand written. When i opened it, it was this statutory demand, the ONLY date on it, is October 2015. No date of service, hand delivered so no date on envelope, so how long do i have to find him ? They say they exhausted every reasonable avenue to serve him personally? Because they came to my house and left without seeing him. Why not put a date on, so at least i know how long i have to try to trace him.

hi dx. I knew from some things i have read on here that i did not need to let in the debt collector, but i did so as an attempt to show these people my circumstances, in the hope the would finally they was barking up the wrong tree and leave me alone. The only way i could discuss this with this guy without having to do so through the intercom was to allow him in, and upstairs. And by this time they sent a letter to say this particular visit was a statutory demand service.

Hi all. Thank you for your advice, in answer to a couple of questions, I do have care, but I have no involvement with social services, as in a social worker.. And the department i deal with I spoke to earlier today whos advice was to contact either citizens advice, or welfare rights organization. I spent all this afternoon trying to get an answer on the phone from citizens advice, to no avail. And welfare rights took my details and told me they are inundated with appointments but some one would call me back in the next few weeks. Im confident enough to be able to write my own letters, as im ok with a computer. (hence being and avid consumer action group viewer for the last few years. I was pretty confident they could not do anything to me in particular, other than hound me as they have in the past. But it has become more the embarrassment aspect now, of having to discuss this through a door entry system, which is by nature quite loud and can be heard clearly by anyone around. Also having to keep justifying my situation to these people. Which in its self feels unjust. There feels a slight stigma to having debt collectors come here in the first place, but add to it that it is not my debt, and that my neighbors are being involved, and the deceptive phone calls. Then having to explain my situation to these people out loud for all to hear. I have two aims, one is to stop them harassing me, and the other is to do so without my friend being made bankrupt by default by these people if that is at all possible now. I could have tried to contact the friend before now, so he could sort this out. But have been very wrapped up in sorting myself out medically, to do the job of some debt collector. But now, with this statutory demand, and some things i read, i dont want him to lose everything again by default because of my lack of effort. Last time it almost destroyed him.

Hi again, and firstly thank you for your speedy replies. Over the past couple of years the letters have come from different companies, and from reading on here thats normal as some do seem to be linked, I couldnt say with certainty which collector came for which debt as there are seemingly 2 being chased. The one that has sent this statutory demand is shoosmiths on behalf of Royal Bank of Scotland.. These have been here a few months ago, i had this man in my bedroom explaining all that had happened and been going on, he said he would pass the information on to the solicitors and leave it with them. He first sent letters saying he had visited when he hadnt.. and that he would visit to serve a stat demand. I ignored it, as i thought it was a threat, as he hadnt been the other times he stated in his letter. He turned up, and i invited him to look around my house to search for evidence this 'friend' lived here, and to see my circumstances. This was the guy who phoned neighbors and rang pretending to be parcel force. (As a side note, this guy sent this letter saying he visited twice when he didnt. I showed him i had cctv on the outside of the house. Told him it was a blatant lie. He asked what i had done with his letter, did i put it in the bin.) he didnt seem comfortable that he thought i could prove the letter was a sham.. The second is Robinson way. This one has been a more constant, these told me he owed money and would continue to come until it was paid, told me they had phoned his son. One one visit, my elderly dad was visiting me, and was stood in my bedroom, when the debt collector was told by my carer, that 'friend' didnt live here. she questioned the carer. When she got no joy from her, and was told i couldnt get down to the door, she demanded to speak to my dad, to see if ''he knew anything'' y dad doesnt even know the person in question. carer took her phone number, so i could call to discuss it with her myself. I was then told until he pays up, they wont go aay, she told me he had taken credit out at my address 3 months ago, so he must live here. I told her nothing that indicated that had come through my door, only letters or anything for him was debt collectors. A week after this visit and conversation I got a letter, saying they had papers to serve on him, and would be at my address in 3 days time. his was a field agent i now know, i rang her and asked why she intended to come again after the last discussion we had, she gave me the office number, I asked to speak to a manager, and told them all the above. She stated no one from there business would come to me address again. That was about 3 weeks ago, And so far, ive heard nothing more from them. But i wont hold my breath. Many thanks

Hi All, new here but been a reader for years. This is complicated and im out of my depth. A couple of years ago my long time friend had problems with business and life, (approx 4 to 6 years ago.) His business went into liquidation and his marriage broke up all at the same time. He came to stay at my home for about 8 months while he sorted himself out emotionally having no where to go. When his business failed he had a personal guarantee for the overdraft on his business. ( this was a gray area for him because at the time he stated he wasnt sure if he did or not) more one this on request. The over draft was £25.000 He had a personal account with the same bank, and this is when it became clear he had personally guaranteed the overdraft. About 6 months after his company went into liquidation he went to the cash machine one day to retrieve his benefits payment and it had been frozen. He rang the bank and was told, they had closed his account due to the debt owed to them by his ltd company and they no longer wanted to do business with him, He was told all he could do now was to wait, and they would be in touch. For the remainder of the time he lived here, he heard nothing from anyone. He also had another debt of a credit card (an old goldfish card which he defaulted on when his bank account was closed). This is where I come in, He moved on and ive only seen him a couple of times since, due to my failing health, and not at all for the last 2 years. About a year and a half ago, letters started arriving for him i put them all to one side for a while. Then the debt collects stated to knock on my door. Im bed bound and I have carer's, im paralyzed and having a big health problem currently. I have to communicate with these people through my door entry system, or allow them to come to my bedroom and all that entails.. I have had constant harrassment, Every time I explain my situation. Tell them he isnt here. They have contacted my neighbors, a couple of months ago, the local drug dealer knocked at my door, at 11pm at night, to tell me he had a call from a man regarding my house and who lived here, and was given a phone number for me to contact him on. This has in this situation left me very vulnerable. ive had calls from 'parcel force'' tried to deliver a parcel for this man, does he live here?? Each time there was a letter, ive contacted the senders, a door knock, ive explained the situation. Asked them time and time again to stop. one of the companies chasing him told my carer and me, as long as he owes us money, we will carry on coming here. Ive been told he owes money, I was told they spoke to his son.. (didnt even know he had one). They also said he had taken credit out at this address within the last 3 months.. (which is a big concern to me) I cant seem to make it stop. The last contact i had was by phone direct to the company sending out these collectors, I explained everything above and was told no one else from there company would come. Yesterday a hand delivered letter came through my door, addressed to 'friend' I opened it concerned about all the above, and its a statutory demand. I assume from the same company that has done all the above. It states he has 18 days to respond. I have contacted everyone i know who might know his present where abouts but as yet havent had any contact from him. But im trying here to get the ball rolling, because if he doesnt sort this out in the time scale, i dont know what the consequence will be for him, or me! Any advice? I know a lot about the problems he faced, and the 2 debts he has, because i helped him through the breakdown he had when all the above occurred. Back when these accounts closed, he got nothing, from the bank, or the credit card.. no defaults, no notice they would close his personal account. oh, and one last thing.. when they shut his personal account down, the lumped the personal overdraft debt, to the business debt, and it seems they are claiming for both together. Many thanks, i know its long winded, but been going on for years.