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Found 20 results

  1. Hi Guys I had a CCJ entered against me in jan 15. It was entered in default against me as I got court papers late, I could not acknowledge it. I filled form N244 to set it aside. I got hearing date for march 2015. I lost at the hearing and was ordered to pay by the court. I paid all the amount owed next day itself. Now the issue is the CCj is still on my credit file , marked as satisfied. I believe that it should be removed as I paid within 30 days after my applicaion to set aside. If I would have paid within 30 days from Jan 2015, It makes me look as if I accept the judgement. this is the reason I did not pay. Please guide me If this judgement should be removed from my credit file.
  2. Hi all, First post here, hoping someone can help me with a query. I have a small (ish) unsecured personal loan, which, due to a change in circumstance I am really struggling to pay. I currently have an agreement with the company paying a token gesture each month but they are pushing for more which I just don't have, I think court action, starting with a decree is imminent. I no longer live in the UK and don't plan returning any time soon, possibly ever, can a Decree be issued against a non UK resident? I know a CCJ in England can't, but I am struggling to find a definitive answer on Scottish Decrees. Ideally if I can avoid a decree/have it set aside I will offer to continue paying a token payment, or if I come back to the UK and work, increase payments and pay the debt off in full, If i never come back i guess it will get statute barred! Thanks in advance for any help!!
  3. Hi all, I am a complete mess and in need of your advise pretty please. Two days ago I was rejected for credit and therefore checked my file- A CCJ had been ordered on 24.02.2016! from CEL. I received first correspondence from them on 20.01.2016 relating to a date in May 2013- clearly I had to try and recall that date in question as it was three years previous. I was also cautious of the fact it could be a fraud type letter and didn't act. I then received another on 12.02.2016 stating the charge had gone up to £220 and after pinpointing this was a car parking fine I contacted the restaurant in question to make a complaint. I found out they were currently in dispute with CEL regarding over 15 claims as they were chasing historic fines from 2013 where customers had overstayed two hours, although there was a three hour window. I was in communication with them and CEL via email but did not contact them direct to admit any liability due to the dispute. I did not receive any other letters regarding court dates etc.. from CEL. However, it looks like they went ahead and gave me a judgment without my knowledge- and now it is too late to pay within 28 days as I had no idea it had occurred until this weekend when applying for a loan and being refused credit for the first time ever! I have emailed CEL directly yesterday stating that I have not had the opportunity to dispute/ respond to the court date/ judgment and today their legal team would be in agreement to having it set aside by Consent. I literally do not know what my next step is.. Do I still apply for a N244 stating I was unaware AND I potentially have a defence (less than three hours stay as a proven restaurant customer) or is there a different way to do this? Does it go to my local court or Northampton where it was issued? As much as I do not agree with their conduct, I would rather just pay whatever I need to in order to protect my credit file which also impacts my future employment choices as well as having an adverse credit file.
  4. We have a meat shop, we use to buy Meat from a big supplier. Their quality of meat gradually became so bad that we had to refuse four deliveries as the restaurants we supply it to won't accept it. Later on in a month's time the big supplier went into administration. We then realised why they weren't much bothered about their quality anymore. Anyways, asministrators came in and they dug out that those four deliveries which were refused by us are actually invoiced and outstanding. We received a notice to pay from them on which we responded telling them that these deliveries were refused with supplier's consent and they knew it has been refused. Total amount was aprox £7800. Moreover, we also mentioned that there is around £900 also outstanding on previous returned items due to bad quality in last months which we still seek to claim. Liquidators replied that invoices are outstanding as they have proof of delivery but they can offer a settlement in aprox £5000 if we pay in next 2 days otherwise they will seek legal action. We didn't accept it. After a week of that, and after adding their fees to the total, they sent a ' statutory demand under s.123 (I)(a) and s.222 (I)(a) of the solvency act 1986 ' to wind up our company if we didn't pay in full in 21 days otherwise they will proceed through court. We never had any written credit or any other agreement with them. On their notices they are mentioning invoice agreement and all correspondence is addressed to business name. I would like to know where do I stand at this situation and what could happen. I don't mind going to court to defend myself and also don't want to spend any money on hiring a solicitor due to their costs as it's not my fault. I do not have any experience of such things and need serious help here. I hope some one can. I have only 10 days left to finish the 21 days period as it all happened when i was away on easter holidays. Many thanks for reading.
  5. Hi all, My wife had a claim from Restons on behalf of Cabot for an alleged outstanding debt. We decided to defend and entered her defence on the 09/02/14. Unfortunately I was completing the defence form online and signed it in my name as an authorised person - me thinking she needed to authorise me not the court - school boy error. The defence was rejected and we are now out of time. As yet no judgement has taken place. We had sent the CPR31.14 request, which Restons did not comply with, and this was the basis of our defence as we had no paper work to suggest that the claimant claims were legitimate and was asking for either additional time for Restons to supply the requested information or for the claim to be stayed. Does this error really allow the court to dismiss our defence no matter how relevant or can we do anything to re-instate the defence lawfully or get any pending judgement set aside so that our defence can be entered correctly? Any and all advice will be much appreciated. Thanks.
  6. Humfff! Just a year away from SB and bryan carter gained a default ccj at my old address 2 month ago,I only found out after a credit search I intend to apply for a set aside with a defence of not having recieved docs and original creditor should not have sold as they were in default of cca request and dsa request What are the prospects of winning set aside Relatively small debt but I still have equity in old address that is now rented Onlyme again
  7. HI all. I have received a CCJ whilst abroad for several months. Though there was a judgment for claimant letter on my arrival there was no sign of any court forms. I have applied to have the CCJ set aside on this basis. From reading other posts, it appears I will need a to convince the judge I have a reasonable defence before a set aside can take place. The debt is from a Nationwide credit card. Original agreement would have been a signed agreement rather than through the internet. It was established over 10 years ago. The default occurred just under 6 years ago, so statute barred in not an option. I have never seen a Default notice, though I have moved home several times, so this does not mean one was never issued. I have never requested an original copy of the Credit Agreement, though I doubt the DCA have this, given the time span. The Credit Card Default notice would undoubtedly include punitive late fees which are not legal. Would this not render the specific of default amount invalid, and as such any claim for that specific amount? Are the DCA still obliged to provide copies of the credit agreement even though the CCJ has already been issued? I will need a case to present before the judge other than "I am hoping the DCA do not have a copy of the CCA and therefore have no claim to this debt". Any advice very welcome. Thanks in advance
  8. Hi All We are facing a horrid time with the Bank of Ireland Litigation team and are in urgent need of some help to set aside a repossession judgment. As time is of the essence I won't go into all the issues we have with how we are being treated by this Bank here (but will return to explain more later) Basically we have a very small portfolio of properties which is instead of a pension. So my wife and I are trying desperately to hold on to them as you can imagine. We have an adopted child with some special needs and financially we are struggling. The Bank of Ireland hold two of our mortgages and have instructed TLT Solicitors. Yesterday I successfully defended a repossession application on the basis that the Bank served the paper work to the wrong address. The judge agreed that as the Bank had written to us at our current address they had incorrectly served by sending papers to our previous address which the Bank claim is the only address they have on their computer. The judge ordered them to re-serve at the correct address and awarded us costs of £100. I now find that they have served again at our previous address for another of our properties and it has already gone to court. As I didn't know I obviously did not turn up for the hearing. The hearing was on May 10th. We have a tenant moving in this Friday. I urgently need to apply to have the judgement set aside but I don't want to make any mistakes. We cant afford a solicitor. Although the Judge in yesterday's case, in awarding us costs commented to the plaintiffs representative on his objection, "You're lucky it's only £100, it would have been considerably more if they had instructed representation." What do I need to do? Can I mention our case from yesterday as a president? I did not take any evidence of my earnings to court so the judge couldn't award anything for this but could I include evidence of my income in this application and request compensation for my time defending this. So to be clear our position is the Bank were fully aware of our postal address as they have written to us at the address prior to serving this repossession notice. We have also been talking to them and their solicitors for several months and no one mentioned this action. They have served at the wrong address. Please help us asap as we really don't want to lose our property. Man thanks to you all. We are so grateful for this forum!!
  9. Hello , I am named defendant as my insured car caused damage to fixed traffic kit. I have little chance of winning case at hearing other than disputing some of the costs. I do not wish to have a CCJ in may name due to knock on effects (financial) and I don't trust the insurance co to pay off CCJ within the normal 30 days etc to clear my name/debt. At present my insurance company will not respond to the claimant (aggressive no win no fee agent) while court action is in progress and that I decided to defend it . The reason I defended it I was not sure if the claimant was a sham but tuns out and without my knowledge had already been in correspondence with my insurance co for 3 months + who had appointed a loss assessor but did not respond very fast or at least fast enough for the claimant. My insurance co verbally indicated that once the CCJ was issued they would be obliged under Road Traffic Act to pay 3rd party costs t - they just wont guarantee that they will pay it or to pay it in time so as not to have the CCJ registered - in my name. So my fear is I will get a CCJ that I cant do much about , ideally I want the insurance co to negotiate with claimant and settle it before the hearing and further costs etc and before a CCJ is made . If anyone has any ideas how I can force /assist the two parties to negotiate to settle out of court please advise as hearing is now less than 1 month ( order received today). Also I noted my order received today says ' because this order without hearing the parties have right to apply for set aside , varied or stayed' - This is my first time in this situation , does this give me any option to stop /delay the process? Also if the CCJ proceeds and awarded against me - can I take any steps now to reduce risk of CCJ being recorded in my name assuming it will be a case of getting my insurance to pay the claimant and all the time that entails . First time in this court process , if I should /can speak to someone etc please advise Thanks in advance.
  10. Hi, I have posted this on other forums,so I have copied and pasted. not much in the way of replies and trying to get as much info help as poss first time dealing with this. I sent off a N244 form last week to try and set aside a CCJ issued by Lowell Portfolio 1 31 Aug 2008 I moved from an address in south west somerset to the north east in cleveland 5 Aug 2010 A CCJ was issued to my old address in somerset without me knowing 31 Aug 2011 I received a letter from Lowell Portfolio at my new address, saying " We are Lowell Portfolio 1 ltd, your outstanding account with Barclaycard was sold to us on the 30/04/2008 and we will now be recovering what you owe" in this letter they do not mention that they had tried to contact me previously or that they had had a CCJ issued against me, (at this date I did not know they had). I immediately replied with the letter template saying that it was statute barred. 23 Sep 2011 I received the reply saying "your account is now closed" and the letter states that they have reviewed the overdue account and discovered that it was statute barred. so I didnt think any more of it and thought it was finished. I got my credit report at the beginning of feb 2013 and decided to ring northampton bulk centre as there was a CCJ, In this phonecall I found out the CCJ was issued by Lowell Portfolio1 on the 5th Aug 2010. Now I did not give Lowell my new address as I did not know they were chasing me for money, I did not receive any letters from them at the old address prior to moving. I also never gave my new address to them for the same reason yet somehow they had it. (Barclaycard did not have the address I had moved about 7 times since the address barclaycard was issued at including being homeless for a period of that) I Had changed my bank address etc in 05/2009 to my new address, and had been on the electoral roll here since 28/10/2009 so the credit report would of shown this a year before Lowell issued the CCJ at a old address. Im assuming they got the old address from the credit report at that time so they would of seen both. I have sent in the N244 on the grounds that I was not living at that address for 2 years before the CCJ was issued and had not given Lowell the address as I did not know they were chasing me. I attached evidence that I was not living there and also copies of the letters from lowell in 2011. I believe that the debt was statute barred before they issued the CCJ, and when I received the letter in 09/2011 they said the debt was statute barred and account was closed. Surely if it was genuine they would not of agreed and told me a CCJ had been issued and I had to pay the balance? Received a letter from the court this morning 21/02/2013, says the hearing will take place at the court, but then under that it says the hearing of this case will take place by way of telephone. Any advice from here? It says I must give the claimants legal representative my telephone number, not sure who this is the DCA is Lowell Portfolio 1, Also says I must serve all documents to be relied upon at the hearing by fax or email, I sent in my evidence with my N244 im guessing this is what it is asking for? I have written up some more evidence as I have noticed some more details, such as the letter from Lowell in Aug 2011 the first line is "Introducing Lowell" making it try as seem to me that it was the first time they contacted me, and the reference number that they had for the CCJ is different than the reference number they had on the letter in 2011, how ever both the CCJ and the 2011 letter both have the same credit card number as a secondary reference number. The amount they are asking for on the CCJ is £991 but the amount they have requested on the 2011 letter is £812. Its like they are trying to hide the fact they all ready issued a CCJ against me
  11. Hi, Topic explains the situation really. In 2005 there was a CCJ issued against me. This was for alleged non-payment of rent previous to this. Before the CCJ was issued, I was under the impression that all rent arrears had been paid. The letting agent had been in touch about some rent arrears previously, which I then paid afterwards. Years later on, I learned that a CCJ had been recorded against me in 2005. I had received no court papers inviting me to court, and I guess the CCJ was issued against me in my absence. (I was actually out of the country). It turned out that homelet were the ones chasing the debt, and court action was initiated on their behalf by a solicitor. Anyway... long story made short. After the debt had been transferred to various debt agencies, In 2010, I contacted the county court who issued the CCJ, to see if this CCJ should be on my credit report. I was advised by the manager that in the past, there was a claim against me for rent arrears, but that the CCJ should not have been issued, due to the type of case (I can't remember the exact reason). As a result, he said that he would set aside the CCJ, and in turn, would notify the registry trust. I later received a certificate of cancellation saying the judgement had been set aside. Now, in 2013, when applying to rent a house, and having my referencing done by homelet, I learnt that they had marked my reference as 'unsatisfactory'. I received a call from omerods solicitors (I couldn't her the name clearly), advising me that homelet had passed on my details. When homelet were referencing me for the house I am applying to rent, it showed that I had rent arrears dating back to pre-2005, on a previous property I had rented, totalling slightly over a thousand pounds. Omerods advised that they wanted me to setup a direct debit to pay this off. I verbally agreed to pay £50 per month, starting later this month (for fear of losing out on this house we are applying for). At the end of the call, the solicitor advised that in fact, she knew nothing about the referencing process, or if this debt would affect it at all, and that I would need to call my letting agent about this. Of course, I assumed the reason for her call, and having to pay this supposed debt back, was to 'help' my homelet reference go through OK. I have never received any letters or documentation which gives a breakdown of this homelet debt, or in fact, any proof whatsoever that I owe this money. I have never paid a payment towards this debt, and I have never acknowledged it. My question are these: 1) As this CCJ was set aside by the county court in 2010 (only 1 year before the debt was due to become statute barred), can I still be chased for this supposed debt? 2) Did the debt become statute barred a year after it was set aside by the country court? as it was more than six years since the original judgement in 2005. I have read that when a CCJ is set aside by the court "AND" the creditor starts the process again, that the six year period then also starts again (resets the clock etc.) 3) Because the creditor (or solicitor) to this date, hasn't restarted any court proceedings since 2010 when the CCJ was set aside, and as it has been about 8 years since the original judgement, can they still chase me for this money? I would appreciate your help, as it seems difficult to find the correct answers online. Particularly, as the CCJ was set aside a year before it was due to be statute barred, and it is unclear if the clock actually restarts the six year period again (if the creditor doesn't initiate any court action before the 6 years is up from the original debt). In light of all the above, I am intending to cancel this direct debit with this solicitors, and don't intend to make any payments. Thanks.
  12. Hi Folks This is a very long and complicated case, however, I shall keep this to the technical argument I am trying to compile is regarding non-service and setting aside the default judgment. Any information would be much appreciated as we have applied for an adjournment pending FOS complaint into conduct and charges of the mortgage company, but the judge has not granted adjournment and struck out applicatiion to set aside due to not being served "promptly" but I have to submit to him a copy of the compalint plus a defence out of time for the accounting only? The judge has not considered all the facts, partly because we never get the opportunity to explain them and partly because the bank lie! Please is anybody able to confirm whether it is automatically a mandatory set aside when service of court papers is at the last known address, knowingly aware that the customer is out of the jurisdiction and confined to a hospital bed? Thereby not physically in the jurisdiction and definitely not going to receive the papers to deal with them? Secondly, having been provided with a representative to handle affairs whilst in and out of the country, in possession of their name, address and telephone number and they did not make contact with that representative, does that also make it against pre action protocol and CPR6 and thus non-service and should be set aside, regardless of time? Not to mention that despite being in hospital and having a representative, they did not get a reply and nobody turned up in court to defend, it could be easily concluded that they did not receive the papers? Thirdly, if the above happens, is it then fair to use the set aside not applied for "promptly" rule and refuse set aside two years later following lots of problems with mortgage company when it quite clearly is not fair; and on top of that there were disputed arrears and a concession in place at the time that the possession order was applied for and none when the warrant of execution was applied for, they had been paid, albeit that this was in dispute and therefore, the set aside should be granted on the fact that the arrears were satisfied? Fourthly, when the arrears of the original possession order are satisfied, why can they continue to resurrect it for any reason or amount, even disputed charges to go for eviction? I have Fairways v Palmer, set aside due to defendant being out of jurisdiction that I would like to argue, does anybody have a later case that may stop me in my tracks? Any help much appreciated, my brain is fried!
  13. Hi All I have sent off my defense to Bryan Carter/Arrow's claim in Northampton Court. So am I right in thinking that they have 28 days to contact the court and for the court to then decide after hearing from them if they should issue a CCJ? If the court does not hear from them within 28 days then I can ask the court to set the action aside? If the court does hear from them I take it the court writes to me? If Bryan runs for the hills now that I have filed my defense - as many of you say he will - does the 28 days still stand? Cheers
  14. Hello, I received a statutory demand in late Dec 2011 for over £10,000 which was set aside on the request of the legal department of the company pursuing the money. I informed them that I had no knowledge of any outstanding debt or subsequent court proceedings and explained that it must have been a family member who had used the account without my knowledge who had since been witholding the correspondence from me as it was not sent to my address but to my deceased parents house where I had previously lived and where they now reside. The guy who served the statutory declaration told me that they had been used to track me in order to serve document as it was thought that I had disapeared (mortgage, council tax, electoral roll) lord lucan I am not. Since early Jan 2012 just prior to Statutory demand being set aside I requested an explanation from the company identifying the facts, and what they intended to do in order to rectify the situation. The guy I was dealing with said it was his priority to have statutory demand set aside and that he would look into this further. I have not heard anything since, and considering that it is a fairly large sum of money which I dont have it is something I could do without. I feel certain that the legal department spoke to the local guys at this end and that they have confirmed to them my version of events, and that was why they were keen to have statutory demant set aside. Is it wise to follow this up? What is the best way to go about this? I dont particularly want to cause problems for family member but this is a worrying situation any help/thoughts greatly appreciated. Thanks in advance.
  15. Hi all, sorry to trouble you again. Good news is that the CCJ against me has been set aside.... Bad news is that the claimants have until september to re-instate the case if they can find the info iv requested. The Confusing news - the judge refused the claimants request for costs but they said it was a bit unfair that I had not handed in a preliminary defence (which I thought I had - ststing that there was no documentation or proof to support their claim). So.....the judge has given me 3 weeks to hand in a draft/preliminary defence. Problem is the only documents I have from the claimant are those pertaining to the hearing to set aside. Since I never received the POC in the first place I feel like im trying to defend against thin air. I tried to point out that I find this an almost indefensable position as I am unsure to what i am writing a defence to. As far as I can tell I need to do tthe following but am unsure if this is the right thing to do, Any comments or assisstance would be greatkly appreciated. - "Draft order for Directions" ie- all the documents, CCA, Notices/Deeds of assignment/default and of course.....the POC (this is the stickler) -"Draft defence" - this is the most confusing aspect for me. Most defences I have looked at are in response to some POC......which I have never received and so surely I need a copy of that before hand.??? advice pls - "N150 Allocation questionaire" - only seen a couple of examples and not sure if its relevant to this case but from what iv read of them they seem to help clear up confusion and allow for the case to be switched to small claims/fast track. Still new to this but trying my best, lol. My previous threads have been long winded (generally written in a state of stress) so I am trying to be as concise as possible this time. A lot of info on the case can be seen in my previous threads, though they were posted with regards to setting aside the aforesaid CCJ. What I think I understand is that the Judge has asked for the defence i WOULD HAVE made if id been around for the original claim. What I dont understand is how Im supposed to do this when he knows I never received the original POC...?? I have 3 weeks to hand this in, and then the claimants have until september to reinstate the claim. What i dont want to do is give them a defence which tells them everything (without an omission on my part which could get me into trouble) so they can fit a claim around it. What is worrying me is that I only have 3 weeks.......but SAR etc can takke up to 40 days. Iv taken some holiday from work so will be trying to get this sorted in the next week or so. Any advice is welcome. Thanks
  16. I posted this earlier but later i saw this part of the forum which seems to be relevant to the issue so i posted here...am sorry for the double posting but i dont know how to transfer the other post to this subforum......so please be gentle and help me.... Today i got statutory demand under section 268(1) of the insolvency act 1986. Debt for liquidated sum payable immediately...from the council for council tax i have attached the letter here .....please i will appreciate any help as iam told i have 18 days to set it aside what should i do......is there any way out .....is there any argument i can use to get an installmental payment agrreed.....i went through a rough patch for the past couple of years but thank God i have just gotten a permanant job this month and things are getting better...and i think i can be able to now start upsetting all my previous debts albeit installmentally.
  17. Dear All, I am urgently looking for some help & support - I just received a notice "B10 Notice of registration of a bankruptcy notice" informing me of "(22.07.2011) BANKRUPTCY NOTICE entered under section 86(2) of the Land Registration Act 2002 in respect of a pending action..." and giving me a reference to a petition entered in the High Court!! This is the first thing I have heard from anyone and rang the court who confirmed a petition had been filed on 19/07/2011 by: Lowell Portfolio Limited Graheam Danby Solicitors Case Ref: 921286839 Tel: 0113 3086043 Litigation Dept Lowell Group 1 Apex View Leeds LS11 (BA8 (Exactly as above complete with what seems typo's). AND I AM DUE TO APPEAR IN COURT on 06/09/2011 at 10:30am....!! The court further told me they could not tell me what the amount was and the petitioner should have served documents on me and nothing would be sent by the court.... Had I not got the Land Registry letter I would have not known anything about this....??? I called the number given and the agent who answered the phone told me he did not recognise the reference number and when I asked who I should write to he gave me the following: Hamptons PO Box 173 Leeds LS11 9WR When I asked who they were as the names were different he said "we are all part of the same group" and the took my full name and address which I gave and then thought, hang on I don't know who I am actually talking too & declined to answer his further "security questions" and said I would write to them. I am now very concerned and stressed out as it would seem that someone without any communication having been sent to me has actually petitioned for my bankruptcy which if not for the Land Registry letter I would have no idea was actually happening! I suspect this may relate to an old credit card or bank O/D debt from around 2004/05 but at this stage I don't know... Question is what should I do now: a) Apply to the court to have the petition hearing stayed, struck out and/or set aside? b) Write to Lowell/Hamptons/Graheam Danby and ask them to produce all paperwork? c) Advise Land Registry that I have no proper knowledge of the debt? Please let me know what you would suggest I do - a) or a) & b) or all of the above & any template docs much appreciated. Presumably the petitioning creditor should have served a Stat Demand, identified what the debt is & how they have any rights to it - i.e. Assignment, purchased, etc. Further can I demand that they produce statements & the like because if it is the creditor I think it might be, it should now be barred by limitation as there has been no contact over the years? Any help & advice very gratefully received... Many thanks Barry PS I hope I have posted this in the right place this time!
  18. Ok this is a brief history of my last 4 years so you can see where I am coming from. My business collapsed in late 2007 leaving me in all sorts of financial problems. The problems compounded themselves with my stupid decisions to take out more finance etc. Well having struggled through all manner of things including using the dreaded Log book loan companies and losing my car and payday (read crazy interest) loans I am happy to say I have now reached the position where I have paid all my debts in full apart from 2. I was so stressed by various things at the time that I didn't respond to lots of letters, in fact I didn't even open them. I was aware of my debts existance but not how far things were going. One of my outstanding debts was with a solicitor I used to wind up the business but then could not settle his bill in full and the other was from a supplier. Both of these companies applied for ccj's and of course, as I did not even open any letters, they won. I have not been in contact with them at all but I have now saved up enough to pay them both off in full, which was always my ultimate intention. I would like advice as to what to do next. Should I contact them and ask if they will agree to have the ccj's set aside in return for full payment? They are both 2 and a half years old now so they probably think they will never get paid. Or should I apply to the court to have them set aside? Then if successful I could pay in full and they would be removed? The main reason for this is that I would have been out of debt a lot sooner had I not had them on my credit file. My mortgage broker tells me I am paying nearly £200 per month more than I would have done if I had no CCJ's. My only other blemish on my file is a stupid default from O2 for failure to cancel a contract in time but that was 4 years ago and satisfied so not too bad. Any advice would be most welcome. I must reiterate I have not shirked any of my responsibilities for any debts and have worked bloomin hard to get back into the black. I just want to draw a line under the whole sorry period in my life and move on without being beaten with the bad credit stick for another 3 and a half years.
  19. I incurred my debt as legal costs for divorce. Last week I received Statutory Demand through the letterbox, which I am going to set aside. Would the following evidence be considered sufficient to set aside the Stat Demand? 1. During divorce proceding I paid £10,000 to solicitors. 2. They gave up my case unfinished and requested further £11,000. They have CCJ against me and I am paying monthly £90.0 with no failuire and intend to pay further. Appreciate your help!
  20. Have situation where a CCJ has been obtained by default. A stat demand has been issued based on the CCJ and need to get in an application to set aside stat demand. A stay of execution has been obtained against the CCJ. Grounds on which the stat demand set aside application will be based is that stay of execution has been obtained against underlying judgment and no other. Am familar with insolvency rules (IR), in particular IR rule 6.5 Numerous websites cite "stay of execution against judgment" as one of the grounds on which set aside of stat demand can be obtained. However none of them give any indication as to the precise basis of this ground, other than to hint that it falls under IR 6.5 4(d) "the court is satisfied, on other grounds, that the demand ought to be set aside". Form 6.5 also hints at this as it gives as item 7 in its margin that execution has been stayed as one of the reasons you can put. So the question is what is the basis on which "stay of execution" forms a ground. Is it case law, legislation, somewhere else in the IR, or just praying for the courts good nature. What are the precise words, including references to rules, cases, or legislation, that one should put on an application for set aside of stat demand to guide the court into the position that the websites hint at, i.e that "stay of execution" gives the applicant a mandatory right for the stat demand to be set aside. Anyone any ideas?
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