Hi Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Do you actually admit that the debt is owing?
On what basis have they made the SD?
There ia a debt, but not the one listed in the SD
The basis of the SD is that I haven't kept to a supposed time limit for repayment that never existed.
They have also added Statutory Interest, whereby there has never been an agreement to add interest to the debt, not at what rate?
The delay has been caused because property needed to be sold, this has now been achieved, and completion will be in a month or so.
So do you owe a debt to the company?
In relation to this lawyer - are they regulated by the Solicitors Regulation Authority?
.Yes, I owe the liquidator a debt and agreed a sum for settlement in full, having already made a significant repayment of the debt. The SD states that I have made no payment at all, cites the original sum is still owing, and Statutory Interest added at 8% on the whole sum.
So far as the solicitors "We are regulated by the Solicitors Regulation Authority ID: 58960 and the Solicitors’ Code of Conduct 2011 applies to us. For more information and a copy of the Code visit the Authority’s website at www.sra.org.uk"
Hi, Thank you. The first thing to do is if you are not happy with the solicitor - then you should complain to the Solicitor first and then make a complaint to the Legal Ombudsman
They have not properly quoted you costs or given you a retainer so may be in breach of client care rules;
Secondly in relation to the stat demand - do you have any form of agreement in writing where by the lquidator agreed a repayment plan? How much do you owe? Kind regards AJ
Original Debt was £59,191
£20,000 already repaid
SD is for £59,191 plus interest @ 8%
I made an offer of a further £20k on 31st Oct 2012 in full and final settlement
This was refused on 09/11/12
This is the timeline, sorry if it is too much for the scope of the question - please ignore if it is ..
Hi, Thank you. This important what I need to understand is if the liquidator at any point agreed in writing to give you forbearance in exchange for time to raise the funds?
This, but it was undated.
It was supposedly sent the day after my mother died.
They send a further copy, undated on 2nd Jan
with this cover:
Good afternoon Keith, Michele
Please find attached the demand letter you received early in October.
Due to the sad personal circumstances you were encountering at the time we allowed a further period of grace.
We are fast approaching another anniversary with no progress to report to creditors.
Unfortunately we will have to commence formal proceedings if we do not receive the funds within 21 days.
Your urgent attention is required.
My mental state at that time was not good and I was under the care of the Mental Health Unit. I explained that to them.
Hi, Thank you have you tried offering them a charge over your property in exchange for a forbearance period?
Hi, Thank you have you disclosed to them contract to show you have sold or got your solicitor to confirm the same in writing.
Ultimately once the serve the SD you will have 21 days but if you need more time and to convince them you will have to give them something in writing.
Can your solicitor give them an undertaking to pay for example?
Hi, Thank you. Have they actually withdrawn it and reissued it?