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Things about to get very serious and much more real? / Felicitas Letters

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    Originally posted by Fred Bloggs View Post
    The answer to that question goes a long way to understanding the answers to the other points you made too.
    I am guilty, I did give them all of my details in the very first instance, via email when they first emailed, as they had my old address etc. so I gave them all updated details...…

    Comment


      Originally posted by happychap View Post
      I'd like to know, how are these Statutory Demands being served....
      According to the www.gov./statuorydemands/how-to-serve info this has to be delivered to you and signed for.

      Is this whats happening?
      Yes. That's exactly what is happening. They're being sent registered post.
      Down with racism. Long live miscegenation!

      Comment


        Originally posted by Shay58 View Post
        I am guilty, I did give them all of my details in the very first instance, via email when they first emailed, as they had my old address etc. so I gave them all updated details...…
        ....and how did you receive the SD ?

        Also, does the SD just demand repayment in full, or does it still talk about reaching an agreement etc etc ?

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          if you never confirmed your details/address etc, and they still send you the SD...is it valid?

          Comment


            Originally posted by DanJackiels View Post
            if you never confirmed your details/address etc, and they still send you the SD...is it valid?
            I believe that they would need to make every effort to ensure that you have been contacted and provide evidence of that. So potentially sending the SD to multiple addresses etc, I'm not sure.

            One thing to add.......

            The costs to petition someone for bankruptcy total £1270. Felicitas will need to pay this up front for each and every person they wanted to try and bankrupt.

            Also, my guess is that the reason they asked for money to be paid into the account of a different business (highly suspicious anyway), was that even if costs are awarded against them, they are a shell company and don't have any assets, any money is in their friends account. I would expect this to be taken into account should this end up in court, as the courts will be able to see that the likelihood of them paying costs etc are more or less zero, so would probably require them to pay costs on account.

            I have no idea how many people Felicitas are chasing, but to petition bankruptcy for just 100 of them will cost Felicitas £127k................do they want to pay that.......that's the question.

            Comment


              Originally posted by MrO666 View Post
              I believe that they would need to make every effort to ensure that you have been contacted and provide evidence of that. So potentially sending the SD to multiple addresses etc, I'm not sure.

              One thing to add.......

              The costs to petition someone for bankruptcy total £1270. Felicitas will need to pay this up front for each and every person they wanted to try and bankrupt.

              Also, my guess is that the reason they asked for money to be paid into the account of a different business (highly suspicious anyway), was that even if costs are awarded against them, they are a shell company and don't have any assets, any money is in their friends account. I would expect this to be taken into account should this end up in court, as the courts will be able to see that the likelihood of them paying costs etc are more or less zero, so would probably require them to pay costs on account.

              I have no idea how many people Felicitas are chasing, but to petition bankruptcy for just 100 of them will cost Felicitas £127k................do they want to pay that.......that's the question.
              good points. I have never replied to them - to confirm details or logged into portal (rightly or wrongly). i will expect a letter all the same.
              i just need to try and figure out what solicitor to use when it comes to that.

              Comment


                Originally posted by MrO666 View Post
                ....and how did you receive the SD ?

                Also, does the SD just demand repayment in full, or does it still talk about reaching an agreement etc etc ?
                if i could pay the 5% to get rid of this, and be confident that it would never come back around again, i nearly would for peace of mind.

                Comment


                  Originally posted by MrO666 View Post
                  I believe that they would need to make every effort to ensure that you have been contacted and provide evidence of that. So potentially sending the SD to multiple addresses etc, I'm not sure.

                  One thing to add.......

                  The costs to petition someone for bankruptcy total £1270. Felicitas will need to pay this up front for each and every person they wanted to try and bankrupt.

                  Also, my guess is that the reason they asked for money to be paid into the account of a different business (highly suspicious anyway), was that even if costs are awarded against them, they are a shell company and don't have any assets, any money is in their friends account. I would expect this to be taken into account should this end up in court, as the courts will be able to see that the likelihood of them paying costs etc are more or less zero, so would probably require them to pay costs on account.

                  I have no idea how many people Felicitas are chasing, but to petition bankruptcy for just 100 of them will cost Felicitas £127k................do they want to pay that.......that's the question.
                  It's another time where I can't work out their motive for the approach they are using - unless the people who are being chased are those who ignored the mediation offer so they are going down this approach rather than the court approach.

                  Mind you £1270 is probably cheaper than the court case fee which is probably why they are going for this approach...
                  merely at clientco for the entertainment

                  Comment


                    Originally posted by NotAllThere View Post
                    Yes. That's exactly what is happening. They're being sent registered post.
                    Given the paranoia on here - how do you know that...
                    merely at clientco for the entertainment

                    Comment


                      Originally posted by eek View Post
                      It's another time where I can't work out their motive for the approach they are using - unless the people who are being chased are those who ignored the mediation offer so they are going down this approach rather than the court approach.

                      Mind you £1270 is probably cheaper than the court case fee which is probably why they are going for this approach...
                      I've never actually heard of anyone being offered the mediation option. I think ETC spoke about it, but I'm not aware of anyone being contacted and offered this option.

                      What's odd here, is that in many of these cases there's certainly a strong basis for dispute. Based on that, then it's highly likely that a court would set aside any SD on that basis, and then in turn award costs.

                      From what I understand, a Statutory Demand should never be used when there is clear indication of a debt dispute.

                      What I'm a bit unclear about is this:

                      If someone receives a SD, disputes it with whatever law firm sends it, and that law firm drops or withdraws the claim, does that mean that no court is involved, hence no opportunity to award costs ? Or is it that a court would only get involved if the creditor refused to drop/withdraw the claim after a dispute was submitted, so then it would proceed to court ?
                      Last edited by MrO666; 13 November 2020, 15:57.

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