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  • #16
    Re: Demand for preferential payment.

    What annoys me the most is the fact that this external company hasn't actually written to me and ask me to justify if it was a preferential payment or not they've just wrote to her assuming it is and demanding the money asap. Asking her to agree it was a preferential payment and just pay up! Surely thats not right?

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    • #17
      Re: Demand for preferential payment.

      There hoping they will get an admission and payment rather than your mother using her right to defend herself. It's not fair however it goes on all the time. Hmrc being one example
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #18
        Re: Demand for preferential payment.

        In that case she will just have to tell them that it can be shown you/he was not not insolvent at the time, and that the payments were not made in anticipation of a bankruptcy with any desire to prefer. That she/he is confident that the courts will agree with that conclusion, and that under no circumstance will she be making any payments.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #19
          Re: Demand for preferential payment.

          If i send the letter off disputing the demand and they basically say its not enough and they still believe it is preferential and want the money, what course of action do they have to take? Is it just there decision what they say goes or is it the trustee decision. Do they have to go to court to actually prove the money is owed to them?

          What would be there first step with the court is it CCJ.. Do they have to prove to the court that the money is owed prior to getting a ccj.

          Basically dont mind them taking us to court to prove we owe the cash, and if the court rules in there favor it would be paid but dont obviously want marked credit file with ccj etc. for future credit

          Just pondering on the outcomes of this initial dispute to prepare myself if anyone knows the procedures etc

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