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Stat Deman following ccj


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Hey, I'm sorry if you've seen this thread before. New to the forum, and still sussing it out. I'm desperately trying to get this thread noticed, in the hope of some advice

 

I received an SD on Friday after failing to make the first payment of a CCJ. I wasn't trying to get out of it, but I'm in the process of disputing the monthly amount they want me to pay. I'm waiting for a time and date at my local county court for redetermination of my monthly payments. In my ignorance, I didn't think I needed to pay the original order, whilst the amount I need to pay is still in dispute.

 

My questions are these:

1. Is the fact that I'm waiting to be heard at my local court enough of a reason to apply to have the SD set aside?

 

2. If so, exactly how do I apply. Once I've filled in form 6.4 and 6.5 do I post them or take them to the court? Do I have to pay?

 

3. Even though I missed the 1st payment and have had an SD served, would it help my case if I do make a payment, to show willing whilst my payments are being redetermined?

 

Any info gratefully received. This is my first ever post!!

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Guest forgottenone

Okay. I know nothing about Statutory Demands, CCJs beyond what they are, clearly. So I am going to help you out ...

 

1 How was the CCJ applied, eg have you got any charging orders against your home if you own it? Any assets?

 

2

I didn't think I needed to pay the original order, whilst the amount I need to pay is still in dispute.
As far as I know, once a CCJ is applied you have to stick to the payments as set. Until you can get them revised/heard again.

 

3 Seems you've missed one payment ... so I don't know if this is usual/unusually quick ... for this DCA/creditor? ... to be charging in with a Stat Demand.

 

4 How much is the debt? A ballpark figure, doesn't have to be exact.

 

Just somethings to help you get started ... eg a timeline leading to things right now.

 

Sorry, I can't offer help with the actual legalities but as you say time is ticking away ...

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Guest forgottenone

Ah, you found your thread ... I was about to put the link for you in the general debt forum after your last post.

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Oh as usual it all gets very confusing but here goes......

 

1. My husband signed a business lease, but then backed out of it. His employers at the time said that they willing to help him out and took on all the paperwork regarding the people he had signed the lease with. But surprise surprise they did nothing and out of the blue we were landed with a CCJ for approx £14,000. (My hubby no longer works for these people!!!!!)

 

2. Sent a variation order which was accepted and payments were set at £66 a month, but we are severly in debt at the minute and are subject to a debt management plan and there is no feasible way we could meet this payment every month. I wrote to the court involved explaining this and they have since replied to say that a determination hearing will be set at our local county court.

 

3. Was then served with the SD, hence my questions in the previous post.

 

In all I feel that I've been pretty flippant and ignorant about the whole thing. I should never have let my husband's employers take over the handling of this. I feel certain that had we represented ourselves in court, we would not be facing a ccj of £14k for several reasons:

 

1. Pressure to sign the lease

2. Never had the funds in place to pay for the lease

3. No help in setting up the business as promised (it was one of these new pub companies that rent you a building and sell you the beer)

 

But you live and learn!! So my previous questions still remain and also, is it possible to go back to court to have a CCJ heard again? If we had chance to present all our evidence I'm sure the debt amount would be reduced.

 

Any advice gratefully received

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From bitter personal experience pub companies are seriously nasty. Collectively they deal with dozens of failed pub businesses every week and all they want is the money. They are very well practised at getting it.

 

Don't even think of representing yourself - get a good lawyer. You will need one.

 

Pressure to sign the lease is no defence in court. If you felt under pressure you should not have committed to signing on the dotted line.

Promises to help set up the business are worthless as you have found out.

There isn't an ounce of sentiment or good will in this business.

 

Lastly, since this matter is business-related, I don't think you will be overwhelmed with responses on CAG (Consumer Action Group) although I would love to be proved wrong.

Could I suggest you also contact the Business Debt Line here - Business Debtline - I found them quite helpful.

 

You've done the right thing in coming here. I hope we can help you a bit.

Edited by palomino
Missed out some words.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Thanks for that. I know it's gonna be a long process!!

 

I'm not disputing that we owe the money. Lots of stupidity and naivety on our part have contributed to this mess. So what I'm really needing to know is.....

1. Is the fact that we're waiting for a hearing at our local county court a good enough reason to have the SD set aside?

2. If so, exactly how do you go about getting an SD set aside?

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1. Is the fact that we're waiting for a hearing at our local county court a good enough reason to have the SD set aside?

 

Don't know the legalities but if its any help it says on UK Insolvency Help Line that one reason for stat demand set aside is :-

 

'If a debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back'.

 

When were you supposed to make the first instalment payment? Is it just 1 payment you missed. Was the Stat Demand formally served , or did you get it in the normal mail?

 

With regard to having a CCJ set aside, it is possible but not that easy and you would have to give good reason as to why you didn't defend, you didn't receive the court papers but the creditor had your correct address, or you were in hospital. It also has to be applied for as soon as possible after judgement unless again you've got some good reason.

 

Hopefully someone with knowledge will help soon. Have you considered Palomino's advice to get legal advice on this. Think CAB can put you in touch with free legal advice, and some lawyers will do the first 45mins free.

 

Good Luck:-)

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2. If so, exactly how do you go about getting an SD set aside?

 

On the SD form (p2 I think) is the name of the court where you should apply. Ring them up and ask for the appropriate forms to be sent to you.

Fill these in and send them back.

 

The names, addresses and telephone numbers of all courts are found on the Court Service web site - Her Majesty's Courts Service - Home . Ignore the comment about the requested resource not being available - the link works.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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No, it's in Part A on page 3.

 

The forms you need are 6.4 and 6.5 and these are also available for download here - England and Wales Forms

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I've downloaded those forms and got them filled in - cheers for that!!

 

The SD arrived after I'd missed the 1st payment of the CCJ - they started the ball rolling for the SD the very next day and I received it, delivered by hand, 9 days after payment was due. I genuinely wasn't trying to get out of paying, so I have since sent the first payment, along with a letter explaining its delay. I guess this could only stand me in good stead at any future hearings.

 

Also, do any of you know - I've got a determination hearing coming up soon re: the monthly repayment amount of this CCJ. Do I need representation at something like this, or is it pretty straight forward?

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