Family Business Loan - Signed Promissory Note - SD Failed - Now a Claimform

[SabreSheep]

No news is good news.

 

*IF* they issue court proceedings the COURT will send you the claim form in the post asking you to accept, acknowledge and/or defend the claim. IF that arrives (And it will be from Northampton Bulk Court) then repost here as soon as it arrives and do not take any action untill you recieve advice and understand what you are doing.

 

I think you are looking at this all wrong. From the strength of advice being offered here you should be HOPING they take court action in order to get this sorted once and for all.

 

At this point I would say win win situation.

1) They do not reply with anything except mere threats etc - You win

2) They do not reply at all - You win

3) They issuce court papers - You win as if they do you will defend the claim, and then only IF the judge says that the debt is owed, you can then review the bankcrupcy.

 

to make this very simple for you

 

THE DEBT IS NOT OWED UNLESS THE JUDGE SAYS IT IS!!!!

 

I expect to get money from you they will threaten to take your first born son as well.

 

Just to confirm for those offering advice, is this a case where the claim will be issued against you in Scotland?

[SabreSheep]

I will say it again

 

STOP TALKING TO THEIR SOLICITORS

 

All the time you are talking to them you are allowing them to bully you. All the time you are giving them points you are enforcing the belief that they can bully you and giving them an idea on what cards you would play if it went to court.

 

IT IS FOR THE COURT TO DECIDE WHETHER YOU OWE THIS MONEY OR NOT.

 

Stop playing letter tennis and tell them to issue the claim. Then people here can help you with your defense. *IF* you lose you can then go for bankruptcy

 

Put the ball in their court. Send one final letter stating "No debt recognised to your company or client, no further correspondance shall be entered into. Any legal action shall be vigorously defended.

 

END OFF

 

at that point their only choices will be

 

1) Let it drop

2) Sell it to a debt collector (That will have no more powers than them and would have to take it to court just like they have to.

3) Issue a claim

4) Harass you further for which YOU can take legal action to make them stop.

 

All the time you are playing letter tennis with them, I do nto feel there is any more advice anyone can give you.

[SabreSheep]

Change a will?

 

This sounds likes harrassment.

 

One letter recorded delivery to them stating all contact is to be in writing only. No visits without a prearranged appointment with you in writing of which you have no intentions at this time of making one.

 

State that any visits from them or anyone acting on their behalf will be treated as harassment and the police will be called.

[SabreSheep]

This situation is stupid

 

They need to be told "Take me to court or shut up" Maybe "No further communication on this matter will be taken unless/untill we recieve an N1 claim form.

 

No further responces

 

Neatly put away any letters in a draw for future reference

 

Get on with your life.

 

UNLESS you receive a CLAIM form, this ends the moment you stop talking to them

[SabreSheep]

As Steampowered has said

No more talking to anyone.

 

Await a court claim. That would be the best thing that could happen and for that reason, I suspect it will never happen.

 

If they are selling the debt, they too know they have no chance in court. If they did they would of issued court papers long ago.

 

Time to move on with your life.

If any post arrives relating to this issue, read it, put it in a filing cabinet and forget. IF an N1 claim form turns up then come back.

NO talking to anyone by phone

NO talking to any person who shows up - Tell them to go away and call the police if they refuse

NO letter writing unless a N1 claim form turns up.

 

If they are selling it, they will sell to a DCA that has no legal powers other than to issue an N1 Claim form and start court proceedings (WHICH THEY WONT! because if there were any chance of recovering the full amount the creditor would of claimed themselves)

 

The DCA will pay something silly like 5p in the £1 for the debt. THATS even if they can get someone to buy it! So ask yourself. If they have the legal right to 100% of the money why settle for 5 or 10%?