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

[GotScrewed]

This was what i was thinking too, surely any costs awarded would have been to the case as a whole, not each individual creditor/claimant? What if there were 20? Or 30? 600 each wouldnt be that smart surely. So again, surely this is just a scare tactic used?

[eek]

This was what i was thinking too, surely any costs awarded would have been to the case as a whole, not each individual creditor/claimant? What if there were 20? Or 30? 600 each wouldnt be that smart surely. So again, surely this is just a scare tactic used?

We don't know what the amount would be but a £100 or £200 say for a lawyer to attend an hour long meeting is probably acceptable to a court to pay.

But as this thread is open again it's probably worth looking at Felicitas email especially as I know it will annoy them.

On Thursday 28th January 2021, the county court at Doncaster considered the first case about debts to Felicitas.

Apart from the date being wrong, now we know what the court case was it's interesting to note the very careful phrasing - it's about debts to Felicitas but the case wasn't initiated by Felicitas.

The hearing followed the debtor’s failure to respond to any of the letters sent to him by Felicitas, until we served a statutory demand on him.

Again note the careful phrasing - the reaction to the Statutory Demand seems to have been that it was either the final straw for the person involved or that the bankruptcy was already in process and he just added the debt to the list.

The judge ordered the debtor to pay Felicitas’ costs of £XXX.

And this is what did not make sense earlier but it now does, it's Felicitas's costs for attending a bankruptcy hearing - so again nothing that their initiated at all, however it's a few £ and it adds to the story the email is trying to imply.

We have not yet asked a court to order the debtor to pay the debt itself, which is a substantial sum.

And this is the interesting bit. Why hasn't Felicitas already asked for the debt to be added to the list of debts? Could it be that the amount owed elsewhere is equally substantial and it's possible that the other creditors may wish to challenge Felicitas's rights to any money? Given that the money is actually owed to an IoM company I suspect a court may if asked look closely at the demand.

Finally as I said over the weekend - if you received an email from Felicitas and haven't told them yet that you dispute the fact you owe them money do it tonight via email

[Highlandjim]

Reply to Felicitas

Sorry but don’t agree with the above.
I have received advice not to engage at all with these people unless a SD is presented.

[eek]

Sorry but don’t agree with the above.
I have received advice not to engage at all with these people unless a SD is presented.

So how do you know that an SD hasn't been presented to a former address of yours?

[BrilloPad]

So how do you know that an SD hasn't been presented to a former address of yours?

Then it would have to be ex-parte to be valid.

[eek]

Then it would have to be ex-parte to be valid.

That's the entire point of a statutory demand - no response = debt is valid in the eyes of a court.

[BrilloPad]

That's the entire point of a statutory demand - no response = debt is valid in the eyes of a court.

I sent a SD to Mr Eek, Broadmoor, Crowthorne, Berkshire. As there was no response do you think that is valid?

Of course, if it was ex-parte it would be valid. You can only obtain ex-parte court orders in the "family" courts against men....

[eek]

I sent a SD to Mr Eek, Broadmoor, Crowthorne, Berkshire. As there was no response do you think that is valid?

Of course, if it was ex-parte it would be valid. You can only obtain ex-parte court orders in the "family" courts against men....

Depends if you (or Felicitas) then proceed to go to court to enforce payment - but were you to do so I would have far more work to do to fix the issue than a quick email now. And that work would be of the instant variety as I would need to fix a high court enforced debt of £x,000 while bailiffs were at my door calculating the value of my assets.

The entire point of me saying reply here is that it reduces Felicitas's options to proceed as I suspect the next step (in early March) will be they pick an undisputed Statutory Demand and try to enforce payment while documenting via email mailshots week by week step by step.

And I suspect every email will annoy them as much as every written dispute letter did as it reduces Felicitas remaining options for that member to the one they are trying to avoid. Which is heading to an IoM court and demonstrating that the debt is valid.

[cojak]

..And I like putting this link in at regular intervals.

Statutory Demands and what to do if you get one

[SouthKD]

Here we go again...

Sorry but don’t agree with the above.
I have received advice not to engage at all with these people unless a SD is presented.

I too have been advised not to engage. They have not issued the SD. The link to Helix law has lots of useful information about how an SD can / should be issued.

IF you do receive one, then absolutely do what Eek n Co advise. If not, how would you know?