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Baycorp is issuening notice of Bankruptcy, WA, this from

Customer Question
Baycorp is issuening notice of...
Baycorp is issuening notice of Bankruptcy
JA: What state are you in? And has anything been officially filed?
Customer: WA
JA: Has anything been filed in civil court? If so, what?
Customer: this from Baycorp on 18/8/17 Please be advised that we are currently dealing with an outstanding legal matter of yours.The balance of the account is $44561.98.Baycorp have obtained default judgment which means we are in a position to enforce with a bankruptcy notice followed by a sequestration order to recover the full balance of funds that is owing on the account.We are giving you an opportunity to contact us immediately to resolve this matter before having to escalate it further.Could you please contact me immediately.
JA: Anything else you want the lawyer to know before I connect you?
Customer: and received this today Gary,As per our discussion your options are:- Settlement in full of $35,000 to be paid on or before 27th September
- Lump sum payment of $10,000.00 due by 27th September and then a temporary arrangement reviewed in 6 monthsA Bankruptcy Notice will be served upon your person in the coming days.
Submitted: 2 months ago.Category: Australia Law
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Answered in 5 minutes by:
9/13/2017
Solicitor: Leon, Solicitor replied 2 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,118
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 2 months ago

Good Morning

What would you like to know?

This is a serious matter and if you dispute that you owe the money and you wish to defend the claim you have to have the judgement set aside and defend the claim.

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Customer reply replied 2 months ago
I don't dispute it - It was an over draft that my business had when it went into liquidation - At the time I wasn't aware that the overdraft was in my name personally.
Solicitor: Leon, Solicitor replied 2 months ago

Good Morning

If the business was a company then you would have signed as guarantor.

If they proceed to declare you bankrupt they can sell all your assets.

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Customer reply replied 2 months ago
before we talk - I would like to know do you have any experience dealing with or know about Baycorp?I would like to know - what are they likely to accept as full and final settlement - or what are they likely to accept as part of a repayment.I also owe the ATO $88k as part of BAS and Superannuation Guarantee. - so if I was made bankrupt Baycorp would likely not get anything anyway
Solicitor: Leon, Solicitor replied 2 months ago

Baycorp is an agency that collects debts

They have now sued you for the debt and have judgement.

I cannot tell you what they will accept to settle the matter.

All you can do is negotiate with them to reach an agreement.

They will need to see a full asset and liability schedule and your monthly budget if you are going to make an offer.

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Customer reply replied 2 months ago
What does this mean - "They have now sued you for the debt and have judgement."I didn't have to attend court??
Solicitor: Leon, Solicitor replied 2 months ago

Good Morning

To obtain default judgement they commenced a court action.

You have not filed a defence and the court has given them default judgement because there was no defence.,

They did this because you did not attend court.

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Customer reply replied 2 months ago
I should have attended court to offer up my side of my financial position.Or is it not too late?
Solicitor: Leon, Solicitor replied 2 months ago

Good Morning

You should have started the negotiations before they got judgement.

To go back now you will have to set it aside and pay all the costs they have incurred to date.

You should start talking to them and see if you can reach an agreement to pay something.

It is never too late to start talking.

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