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Daniel.1
Starting Member
3 Posts |
 Posted - 07 February 2011 : 19:33:22
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Hi,
I hope people do not take offence to my posts as I am on the other side of the fence trying to recover a debt. Unfortunately, the information out there on the web is not fantastic and I keep running into brick walls when trying to speak to people.
Basically, I am an individual that lent money to a company in return for monthly repayments with a directors personal guarantee. I've been trawling the web for information about my options and the problem is that all the 'debt recovery' solicitors/firms/experts etc all specialise in commerical debts - not for individiual ones.
I have found some great info about Letter Before Action (LBA)/ Late Payment Demands (LPD / Claims / Judgement / Statutory Demands etc, but not sure if they are applicable to me as an individual.
The other thing is that I am not having any luck in trying to establish which would be the best route for me either.
Or am I completely looking at it from the wrong perspective and require a solicitor to look at breach of contract? |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 07 February 2011 : 19:47:41
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Hi Daniel
the process for obtaining a court order against a creditor is fairly simple.
HM courts have produced a couple of handy booklets. EX306 EX301 ex302 and ex50
you must produce evidence information to say that the debt is real and not contested.
the process changes slighlty for the amount of money outstanding (as does the fee)
The court will send the creditor a letter and if they do not respond or admit commence CCJ proceedings.
they will ask if you have attempted to negotiaite settlement or used arbitration
pop into the local court and pick up those leaflets it explains the process. in far greater details than i have done so here
Richard |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 07 February 2011 : 19:50:37
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Daniel in your previous post you mention that the creditor had already been made BR by other creditors, is that still the case ?
If so it is unlikely that the court will issue any orders unless the debt was incurred after BR date. but they would take your money.
They also do a booklet for creditors after someone has been made BR
Richard |
Edited by - Richard P on 07 February 2011 19:51:38 |
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Daniel.1
Starting Member
3 Posts |
Posted - 07 February 2011 : 21:15:38
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Hi Guys,
Thank you for your replies. Basically, yes the person/company has been made bankrupt. I am trying to retrace my steps to see if any other party is at fault (i.e. my solicitor) who were involved.
It might be a legal issue, i.e. professional negligence, but I wanted to get the debt point of view as well. For example, my solicitor took me down the breach of contract route, whereas a statutory demand/claim/judgement/debt recovery specialist firm/solicitor may have been a more appropriate route.
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debtinfo
forum expert
2826 Posts |
Posted - 07 February 2011 : 21:30:11
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| If the debt was incurred before the bankruptcy then all you can do is put your claim in with the Trustee of the debtors bankruptcy |
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I am on the other side of the fence
