WA How Do I Claim a Debt?

[James D. Ford - Solicitor]

Jasmine,

Rereading your responses I note that you do appear to have a signed loan agreement, where it was signed on behalf of the company by 1 Director..

Was it prepared by a lawyer?

Cheers

 

[jasmine44]

It wasn't unfortunately J. His ex got back to me and has stated she/the company are not speaking on behalf of him but will be available if I need a lawyer to speak to her. He therefore has not responded to my formal letter of notification sent on Tuesday.

 

[Tim W]

I agree with @James D. Ford - Solicitor in all respects.

There are a couple of things I'd ask as well...

1. Does everyone agree that the debt exists?
   (that is, the dispute is about when and how to pay, not whether or not to pay?)
   
2. Does everyone agree that the debt is now payable?
   (was there a timeframe agreed originally, and if so, has it now passed?)
3. Does everyone agree that the debt is a loan
   (as distinct from, say, an investment of capital)?

 

[jasmine44]

Morning Tim,

Yes, everyone agrees there is a debt to be paid, there is no dispute there. They are just disputing who should be paying the debt(the company or the individual). And yes the debt is overdue to be paid. And yes it was agreed upon as a loan and not an investment.

 

[jasmine44]

Morning James,

Before I continue on I just wanted to clarify with you what you suggest my next steps are and make sure I have them correct.

As I have received a response from the corporation (nothing from the individual but tracking says he has received the letter and has now had it for 7 days), I should send them both one more final letter of demand stating that if they have not paid out the loan to my bank account (I will include the details) within 14 day that I will be issuing them with a Statutory Demand.

In the meantime, I am snapping away including things about how he went away for the weekend to Melbourne and how detrimental that was to his bank account (was posted on his facebook)

Is there anything else that I need to do or is that your recommended course of action?

 

[James D. Ford - Solicitor]

Hi Jasmine,

A Statutory Demand only applies to a Company.... not an individual.

The biggest problem you face, is that the Company is currently disputing the fact they are liable to pay the debt.

We need to determine whether this is a "genuine" dispute.. or just them trying to avoid liability... without any legal grounds to substantiate their dispute regarding liability.

You do not have to wait... you can send the Statutory Demand to the company now... but it needs to be in a specific format to be valid... I can help you with this...

I need to see the loan agreement that was signed... before I can help further...

Kind regards

 

[jasmine44]

Morning Tim,

Where abouts are you located?