NCI Threat To Issue Statutory Demand

[Ron 2015]

Hi

 

I have received the following from NCI

 

 

The letter makes no mention of any creditor ?

 

I don't think anyone has called at my property.

 

What ,if anything should I do ?

 

Can I complain to anyone? As I feel this letter is unfair as it makes no mention of any creditor.

 

I copied the following text from their website:

 

Financial Status Report

NCI Resources may be instructed to attend a debtor's address in order to interview them regarding their financial circumstances. Our field agent will interview the customer and compile a detailed and comprehensive picture of the debtor's circumstances particularly with regard to their repayment ability, reliability and attitude.

Our field agent will make the first attendance within 7 days of NCI Resources being instructed. Visits are generally without an appointment (unless otherwise instructed) so that the debtor has not prepared for the visit, for example, by concealing assets. We visit the debtor in the evening and on Saturday mornings when it is expected that they will be at home. If we do not meet with them on the first visit two further unannounced attendances will be made. If we are still unsuccessful in meeting with the debtors we will telephone and/or write to the debtors in order to make an appointment to attend.

 

Is this fair? As I don't think it is. Again is there anyone to complain to about their intention of deliberatley catching people unawares.

 

All advice welcome.

 

Cheers Ron

[mandyjayne]

Hi ron..

 

These are just the process servers (the ones instructed by the creditor to serve you with the sd) when you get the sd all the details of who and when and how much will be listed.

 

Post back when you get it, then you can get some help to get it set aside.

 

MJ:)

[palomino]

The letter is rubbish as it has no day on it. I would write back saying so, and enclosing a copy of their own letter.

 

If they do serve a Statutory Demand then, as mandyjane says, we can explore the details at that point. Do you have any thoughts about who it might be and what the purprted debt is for?

Do you own your own home or any other property/cash/assets?

 

Because a Statutory Demand is the necessary legal precursor to a bankruptcy petition this must be taken into account if/when a Statutory Demand is received. If (for instance) you have no significant assets then a bankruptcy petition is pointless because (a) it costs the petitioner (in this case the creditor) a significant sum to lodge the petition, and (b) and assets you do have will be distributed amongst all creditors on a pro rata basis.

 

One last point : a Statutory Demand is served directly on the debtor by the creditor. There are no courts involved at this point. This is why the issue of service is important - in this case a process server is being used who will make a Statutory Declaration that the Statutory Demand has been properly served on you.

[Ron 2015]

Hi Mandy and Pal

 

Thanks for your input. There was a date on it but I deleted it to make it harded for the dca to know whose it is.

 

I have been strugling to get a dca ( AIC ) to accept a full and final in the proper way. They keep changing the words in the letter and giving me 24hrs to settle ect. So I think it might be them , or one of 12 others!!

 

I will just wait and see what comes along.

 

Obviously if and when an agent comes along he will not gain entry to my premises ,if he refuses to leave can I call the police and ask them to remove him for tresspass ?

 

It could be smoke and mirrors.

 

Experto/Varde have taken two credit cards over from MBNA and messed up the default letters ect. I recently sent in a SAR and acceptance of unlawful recindment , so that might have spurred them into action.

 

It seems very odd to be able to start bankrupcy proceeding with no court action!

 

Learning more every day.

 

Thanks

 

Ron