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 Received a Statuary Demand. I don't know what to do
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shazzbatt
Starting Member

United Kingdom
2 Posts

Posted - 01 December 2011 :  21:22:22  Show Profile  Reply with Quote
Hi, today I received a letter from CapQuest, along with a 'Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. They are saying that they will pursue a bankruptcy petition if I don't resolve the debt within 18 days.
The debt was originally from a home shopping catalogue and the amount is £1176.32
Just over a year ago I was in the midst of trying to get all of my debts to accept reduced payments as I was severely struggling financially (I was on Income Support for disability & Housing Benefit but the Housing Benefit wasn't enough to cover the rent so I had gotten more and more behind with everything) but I had a 'breakdown' and was suicidal, and withdrew from life altogether.
I have also always had a major 'phobia' over using the telephone and was dealing with everything via letter - there are 3 other debts which accepted a very small amount each month, using only letter communication. This particular debt was with a company who refused to deal with it via letter and kept harassing me phone them, so when I hit rock bottom, I just couldn't deal with them any more.
Now they have sent me this and I don't know what to do - I'm not sure I can cope with even going to a solicitor, let alone court - (it has since become apparent, after having been through counselling and referred to the Community Mental Health Team, that I have Aspergers (a form of autism) and along with that I have serious social phobias.)
I am severely anxious about it all and would be very grateful for some advice - what happens if they do make me bankrupt? (I own nothing of value, assuming my 5 year old computer doesn't count.. but that is my only link with the outside world), I am on long term benefits and I only have a basic 'easycash' bank account with Halifax, which does have a debit card but it doesn't allow overpayments or over-draughts of any kind - I'm in Cornwall, UK.

Thank you in advance for any advice.

glafy
forum expert

436 Posts

Posted - 02 December 2011 :  05:43:22  Show Profile  Reply with Quote
Hi shazzbatt & Welcome to the forum.
One of the experts should be along soon to offer some advice, So sorry to hear of your situation. You are among many others on here who need help so try not to feel too alone. Your computer will not be touched so try not to worry about that.
Lets hope we can get you pointed along the right path.



"Good things come to those who wait".....I'm a patient person but this is taking the Mickey!!
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Melanie.n
forum expert



United Kingdom
1282 Posts

Posted - 02 December 2011 :  09:11:53  Show Profile  Reply with Quote
the best advice I can give you having read your circumstances, it to make an appointment with a 'money Adviser' at your local Citizens Advice Bureau as soon as possible, you may have to call in to do this. Don't have an appointment with a 'vounteer' you need one with one of their trained advisers who can help you deal with this creditor (and any others you may have) They can talk you through the process of sorting this debt out. Try to have as much information with you as to income/expenditure and any other debts. Let them know the urgency of the matter, by taking along the letter you have received. If need be, contact your Mental Health Team that you mention and they will arrange to go with you to the appointment (this is very common) and hopefully you with the support of the CAB you will be able to sort this matter out
If your Health team member contacts the CAB it may be possible for them to arrange a home visit in your particular circumstances, or gain you an earlier appointment.
Please don't ignore this matter, as it will not disappear and you will save yourself a lit of problems by dealing with it now



Melanie Nicholas CertDR
30 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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shazzbatt
Starting Member

United Kingdom
2 Posts

Posted - 02 December 2011 :  14:11:49  Show Profile  Reply with Quote
Thank you very much to both of you - my CPN came this morning and she is going to see if she can arrange an appointment with the Citizen's Advice Bureau.
I am wondering if it's not just as well to have them go through with the bankruptcy petition as my financial situation is highly unlikely to change in the future at all and I will be stuck with being constantly harassed for the rest of my days..
I will, of course, see what they say at the CAB first though..
Thanks again
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