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Statutory Demand under Insolvency Act 1986

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newmember | 22:22 Sat 22nd Dec 2007 | Law
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I have received a letter dated 17 Dec 07 this morning the 22nd Dec 07
It says-
We have been instructed by 1st Credit (hfc) to recover this debt
It is now our intention to issue a Statutory Demand under the Insolvency Acyt 1986 (Bankruptcy) as we are unaware of any valid reason for your non-payment,
Pleas contact to arrange a mutually convenient time and date for service.
Should you fail to contact within 7 days the demand will be issued without warning.
The debt is �2600- I have been paying �40 pmth until Sept this year when made un-employed. I wrote to another collection agency advisng this but no reply. Now this any advice from members please
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Debt collection agencies don't usually rush into making people bankrupt. That's got nothing to do with any goodwill on their part; it's simply that they'll make more money, in the long term, from accepting small regular payments.

Contact the agency, a.s.a.p. Also contact a debt support service, but please take care - there are plenty of commercial firms who pose as independent debt counselling services. You require a genuinely independent organisation. I can recommend CCCS, which is an independent charity:
http://www.cccs.co.uk/contact/contact.aspx

If a Statutory Demand is issued, you will have 18 days to repay the debt (which, obviously, you can't) or to persuade 1st Credit (or their debt collection agency) to accept a repayment arrangement. Beyond that time, a petition for your bankruptcy can be issued (but it doesn't automatically follow that the lender, or their agents, will choose to take that path).

You've not stated whether your �40 arrangement was voluntary or as the the result of a County Court Judgement. A court would be unlikely to make you bankrupt unless it could be shown that you'd failed to comply with a CCJ or that you'd never be able to repay the debt.

Chris
Question Author
hello Chris,
Thanks for the advice. I will try to contact the agency tomorrow if Christmas Eve allows.
The �40 re-payment was agreed mutually with HFC via another collection agency in Hull. I have paid regularly and have reduced the debt fron �3600 to the current balance.
As advised enforced un-employment since Sept has resulted in me missing payments but I advised them, showed proof of claiming benefits and they have responded with passing the account to the new agency who have threatened to implement insolvency.
Dont know if this helps
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Statutory Demand under Insolvency Act 1986

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