Threat of bankruptcy - services debt from a small company

[andyg1]

I have a letter today from a collector for a 4 year old debt .

 

It threatens immeadiate payment within 7 days or an issue of a statutory demand the first step in bankruptcy proceedings.

 

What are the next steps I assumed a small claims court summons was necessary first before bankruotcy am i right .

 

The amount is under 5,000 .

 

Also if the form does not bear my full name is it still legal namely john rather than jonathan ?

 

Will there be any point in proceedings where a court will here my offer to pay in instalments or is it if you cant pay the full amount bankruptcy ?

 

Thanks

[sequenci]

Hello there,

 

What's the debt all about?

 

Small claims would not be needed as bankruptcy is a different process.

 

The name thing is unlikely to matter.

 

Do you own your house? Have you other assets?

[sequenci]

Oh, for the record, most threats of bankruptcy are simply a scare tactic. But we should always assume they mean business.

[andyg1]

Its a services debt from a small company , the debt collector works on commission only and claims in his web site that often negotiation is sufficient . There appears no attempt at negotiation yet, just strong arm tactics .

 

I am a property owner with my partner and the bank .

 

Are there major fees for this statutory demand I read of £600 fees when applying to court or is this a little down the line ?

 

Will the court if it gets that far listen to my proposals for a payment plan and approve perhaps or do they just bankrupt you ?

 

ps I don't have the sum involved available to me in one go

[andyg1]

where are my manners thank you also for your reply

[andyg1]

also whilst I do owe some money at least half of this debt I dispute am I able to challenge the amount at any time ?

[dx100uk]

sounds like you've been visited by one of the wide boys

 

that deal with the shadier side of life

 

name the DCA please

they are NOT BAILIFFS and have

NO SUCH BAILIFF POWERS.

 

they can add nothing to your debt.

[bazm]

A stat demand is nothing more than a statement that you owe money and is a normal prerequisite to bankruptcy proceedings. There should no costs attached. If you dispute the stat demand after service then ask for it to be set aside at your local county court. This is free (check) but you can incur costs to the other side if you lose.

 

Stat demands should not be used as a debt recovery tool (courts words, not mine) and they take a dim view of them being used in a scattergun approach by debt collectors. It should be the creditors action.

 

If you owe the money then negotiate.

[dx100uk]

but NOT with the DCA

[andyg1]

Thanks for the advice the firm is

 

AR Legal Collections LONDON run by ARNO RUDOLF

[dx100uk]

no hits here on them

 

dx