bankruptcy threat help needed

[francine25]

Can't go into too much detail but I owe 10,000 to a private company. They have passed details on to a collection agency. I have moved and neither of these 2 companies have my address. All they have is my email and phone number. They haven't called but last week I recieved an email asking me to contact collection agency to stop insolvency action being taken. I didnt reply and have now received another email saying bankruptcy proceedings are pending against me as I have failed to contact them. copy of email has been retained for the courts to prove every effort has been made to settle. You will be made liable for costs and interest.

 

They don't have my address or personal details, only email... and I own nothing, no car house anything, I have just gone on income support. Can you please advise me further. Scared now. Btw the 10000 was for school fees... but that wasn't the amount I was billed by the school so confused. Thanks

[francine25]

Can't go into too much detail but I owe 10,000 to a private company. They have passed details on to a collection agency. I have moved and neither of these 2 companies have my address. All they have is my email and phone number. They haven't called but last week I recieved an email asking me to contact collection agency to stop insolvency action being taken. I didnt reply and have now received another email saying bankruptcy proceedings are pending against me as I have failed to contact them. copy of email has been retained for the courts to prove every effort has been made to settle. You will be made liable for costs and interest.

 

They don't have my address or personal details, only email... and I own nothing, no car house anything, I have just gone on income support. Can you please advise me further. Scared now. Btw the 10000 was for school fees... but that wasn't the amount I was billed by the school so confused. Thanks

[rebel11]

Hi fran

 

Have the DCA breached OFT Guidelines:-

 

http://www.consumeractiongroup.co.uk/forum/content.php?416-The-OFT-Debt-collection-guidance

[francine25]

hi in what way have they breached, looked through but it says so much and can't make head nor tail of iti

[francine25]

also can they do anything, can bankruptcy be put against me? and should I reply to them?

[RoyalIrish]

Who is the DCA?

[Crocdoc]

You could always reply to the text suggesting that you are very much looking forward to the Bankruptcy proceedings as your income is derived from Income Support and your intended action would bring this matter to a satifactory conclusion FROM YOUR POINT OF VIEW.

 

THIS TYPE OF RESPONSE MAKES THEIR BRAIN HURT AS IT KILLS THE THREAT TACTIC STONE DEAD.

[francine25]

dca is redwood collections .... if I replied it would be by email to them, but second email doesn't ask me to contact them just says bankruptcy proceedings are pending.

[42man]

They will not be able to serve anything on you whatsoever, so they can threaten all they like.....if you take out insurance, further credit, then it is likely you will be traced

[RoyalIrish]

Just the usual DCA 'pish and wind', I'd totally ignore them!

 

Your obvious worry and anxiety is exactly the desired type of reaction that a DCA prays for when they issue their threats of 'this or that' happening to you.

 

They are banking on the recipient being frightened and concerned by this kind of communication.

 

It is the way that they make money by fleecing the unweary!

 

They are rubbing their hands in anticipation of people being scared of their threats and paying them money they cannot afford, I've been there and I know how worried you will be.

 

You will ring them up begging to pay them to stop being made bankrupt, this is what they thrive on.

 

Listen to the advice given here, relax and do not worry about it at all.

 

They WILL NOT bankrupt you it is only a bluff to get you to pay them!

 

Just ignore them!

Edited July 20, 2011 by RoyalIrish

[francine25]

I have no issue with being traced, as this is a debt that I don't believe is owed... they are charging for full year of fees, yet there was a scholarship attached which took it down to 7500 and then he only was there for 1 and a half terms and school has merged etc since which was never the agreement, I know loads of parents pulled their kids out at same time because of this. However I don't like that they are threatening bankruptcy when I am trying to get back on my feet, already owe money elsewhere that I can't pay and still waiting on csa for 22 thousand in backdated csa payments which are not back under appeal again!

[toddle2u]

There is a bit of a way for them to go yet before a BR petition is presented to you. They can either go the CCJ route and then enforce it or go straight for a Stat Demand. They will have to make their best effort to personally serve you the SD before they apply to the courts for substituted service. You say they have emailed you and even though they have you phone number not called? Can you close this email account and open another?

 

Also as yet they do not have a 'proven' debt even though you don't deny owing it. So the collection agency at present do not have any powers to force you to pay. The amount you think you owe against what they are claiming is probably because the collection agency have added their fees on to it. At the moment you can either ignore it and see what there next move is with regarding trying to enforce it or gain judgment or try to come to some sort of payment arranegment with them. Personally I would ignore them and see what happens but the choice is yours.

[francine25]

Hi thanks, I haven't replied to them at all so they won't know whether that account is active or not, as it is I don't get regular internet connection anyway! I don't see how they can make a bankruptcy order without any or my personal details anyway!?

[toddle2u]

They can do it by using your last known address but have to get the courts permission to do so and show that they have made every effort available to them to contact you personally.

[alfwithhair]

Their web site says it all

 

Progressive Collection Activity…

 

Maintaining the continuity and momentum of the chase whilst minimising delay, brings a sense of urgency to the debtor and puts our client first on the list of who should be paid next. By gently increasing the pressure on a daily basis causes the debtor to take us seriously as ultimately the debtor may face either Bankruptcy or Winding Up proceedings!

[BRIGADIER2JCS]

I would like to increase pressure on certain parts the anatomy

of the prat who wrote that garbage:madgrin:

[alfwithhair]

I would like to increase pressure on certain parts the anatomy

of the prat who wrote that garbage:madgrin:

 

give him a ring or drop him a line and ask LOL

In writing: Redwood Collections Ltd, South Tower, 26 Elmfield Road, Bromley, Kent, BR1 1WA By telephone: 020 8228 1325 By email: info@redwoodcollections.com

 

Stuart North micm – Managing Director

[BRIGADIER2JCS]

I'll get the bullocks vet castrator ready for action:madgrin:

[PGH7447]

email back and say please provide proof of this alledged debt including a full breakdown of how the debt is compiled, ie what are the fees and charges etc, make thm commit to paper then you have ammo that the fees are not what was originally stated

[RoyalIrish]

Give them the rope........

[debtinfo]

however, if you have not given them your new address, they could have already served the stat demand and petition at the old address which would be perfectly fine by the court, there is no obligation for them to email these to you,

 

y your own admission you have deliberatly not given them your new address or contacted them so if they have served them at your old address i think a judge would quite happily grant the bankruptcy order

[francine25]

I have had hand delivered a letter informing me that in a weeks time i will be served with an SD.

Need help here,

 

I am a single mum, on income support with zero assets.

 

I rent my house etc.

 

My daughter was on a scholarship at a private school.

 

After 2 terms we had to move out of the area after numerous problems.

 

I spoke to head of school he informed me that I wouldn't be billed for final term.

The previous 2 terms she had been there were already in arrears as her dad was meant to be paying and didn't.

 

i move, hear nothing from the school then receive a letter from a company saying I owe for the full year without the scholarship taken off.

 

I telephoned, told this company that I don't, explained it had been agreed 2 terms and with scholarship off still and that I am on income support etc.

The man said he would contact school and call me back which he didn't.

 

3 days later I have received this letter.

 

What do I do?

I can't pay full amount, I have nothing.

 

Next year my ex is at an appeals tribunal with csa as he owes me £18000 now so would be able to pay WHAT I OWE then, but certainly not the full amount.

I have tried to search on here for info but all the technical terms are so confusing...

[dx100uk]

moved to legal section

 

who is issuing the sd.

 

these are often used as frighteners, to scary you into paying a debt you do not owe

 

please name and shame the dca

 

dx

[francine25]

oh I think it's pretty official. First letter was redwood collections...that has been passed to a solicitors who said contact redwoods within 14 days if i dipute amount to do so urgently and if not then county court proceedings will be issued. Then I called redwoods after the second letter, told him that I disagreed, he said he would call me back and 3 days later I get this letter through the door from a process server saying hes coming back next week. the letter from solicitors giving me 14 days was dated 25th august.and letter from process server is 6th september! So they haven't given me 14 days at all!

[francine25]

hi guys started new thread yesterday... just to let you know... they have had a process server to my address and are coming back to serve a stat demand next week even though I called them 3 days ago and told them I don't owe that amount! any advice would be great!