'proposal' For Bankruptcy

[greatburdon]

Received today a "proposal" for bankruptcy from Federal Management as follows:

 

http://i597.photobucket.com/albums/t...FedMan5Oct.jpg

http://i597.photobucket.com/albums/t...pforbankr1.jpg

http://i597.photobucket.com/albums/t...pforbankr2.jpg

http://i597.photobucket.com/albums/t...pforbankr3.jpg

http://i597.photobucket.com/albums/t...pforbankr4.jpg

http://i597.photobucket.com/albums/t...pforbankr5.jpg

http://i597.photobucket.com/albums/t...pforbankr6.jpg

 

They state in the particulars of debt that I provided the creditor with a cheque that had been dishonoured which is absolute garbage. I have never done so, the creditor paid for my services and that was the end of, no refund, no amount due.

 

Anyone seen anything like this? It states that 'if you dispute the demand in whole or in part you should: contact the individual (or one of the individuals) named in part B immediately'.

 

I assume that is what needs doing as this obviously is not at a court stage just the 'proposal' stage?

 

greatburdon

[greatburdon]

It would appear that this is a dressed up Statutory demand and therefore I need to apply within the 18 days for this to be set aside.

 

Can someone please advise what I need to do as far as giving the grounds for set-aside are concerned.

 

Greatburdon

[ScarletPimpernel]

You need to state that the debt is disputed, and the reasons for that.

[greatburdon]

Thanks for that ... I am still unsure what to do. Has this been properly served ( I recieved it through the post) and therefore do I make an application at court using forms 6.4 and 6.5?

[42man]

Have a read here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112326-dcas-statutory-demands-few.html

[42man]

http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

[ODC]

Make the application to have this Set Aside. Even though it hasnt been properly served you should still apply for the Set Aside. You will get all the help you need here. You have a number of grounds for the Set Aside and you should also go for costs against the Fed Man.

 

Have you been able to contact him by phone yet

[cymruambyth]

http://i597.photobucket.com/albums/tt51/greatburdon/propforbankr4.jpg. Do you need to remove the refence number on this?

[42man]

Just be clear in your arguments.....!! as there is no cheque then you have a pretty much tight case !! just be aware of any witness statements that might wing their way to you before the hearing....your costs have to be in the courts hands at least 24 hours before the hearing....this should help you - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/211818-lowell-hampton-statutory-demand-3.html#post2337865

 

And use this case law....

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

[42man]

Do you have evidence (in writing) of any previous disputes ? If so you might need to show these to the judge.

[greatburdon]

Thanks for all your responses. The SD was set aside and although I scheduled for over £300 costs was awarded £100.

 

Unfortunately I had a 'reasonable' judge who saw their claim as a mistake instead of the malicious attempt that it was.

 

greatburdon

[ODC]

Bet that wiped the smile off Fed Mans face. Did he even appear at the SD hearing. You called his bluff and won. Well done

[greatburdon]

Thanks ODC, Fed. Man. did not turn up as they stated to the creditor "as a debt collection agency they were not entitled to attend the court". The creditor did attend but had no clue as to the statement made on 'his' statutory demand ie. the bogus cheque.

 

greatburdon

[ODC]

So the Fed Man was talking bollocks when he issued the SD. In fact he was telling a blatant lie.

 

Did you have any discussion with the Creditor as to how they claim you owe them money.

[greatburdon]

The court ordered that I receive my costs by the 3rd November 2009, so tomorrow is the deadline. What steps do I take to recover my money if not paid? Do I go back to the court or appoint a DCA to recover or ring them 12 times a day and send daft postcards?

 

gb

[greatburdon]

Still no payment and today is the date stated on the order. Any suggestions?

 

gb

[42man]

Ring the court and I'm pretty sure you will need to fill out a Warrant Of Execution (bailiffs)....I believe there is a fee but they will have to pay this too !!!

[greatburdon]

Thanks ... its £100 regardless of the value of the cost order. Will give them 2 days grace then apply.

[greatburdon]

Federal Management have now issued a claim form N1 (cpr part 7). I believe I have 14 days to acknowledge service and 28 days to put in a defence. Is this right?

 

Attached to the N1 is a witness statement which refers to attachments, these were not included nor sent to the court. As I know that the documents to which they refer as attachments do not exist how do I make them produce copies? I need these before I can compile my defence.

 

Gb

[cymruambyth]

Hi if you follow this link, http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html it explains about using the CPR 31.14 for the production of documents after a N! has been issued and gives a sample letter.

[greatburdon]

Thanks Cymru