SD received in the post day**WON WITH COSTS**

[tiglet]

Actually, I do have one question, as there seems to be difference in opinion on various threads.

 

Do I need to supply a copy of my defence to CQ 7 days prior to the hearing? they have obviously already had a copy of my 6.4 and 6.5, as they refer to no CCA in their (alleged) letter to the court, so they do know what my defence is.

 

I am aware that I need to send them and the court a copy of my costs at least 24 hours prior to the hearing; however, I am still unsure what, if anything, else I need to send them.

[stuscfc]

As far as i can see your defence is covered in the form and thats what the judge will base the set a side on,so what you take to court is to back that up but i could be wrong.

[tiglet]

OK, set aside hearing is on Thursday - is there anyone in the Canterbury area who could come along for moral support?

 

If not, I'll do it on my own - but Jebus, am I bricking it!!! Didn't sleep for the last two nights because of panic attacks and feel like a zombie. am sending off my costs today by recorded delivery (which is more courtesy than Capquest have ever afforded me) and will also email them as well as send them recorded to the court.

 

So, anyone want to hold the Tiglet's hand?

[42man]

I'd love to hold your hand Tigs....but it's too far for me unfortunately...nothing to worry about though CQ never turn up.....don't forget be firm but polite, quote the high court cases and show the judge how disgusted you are that they are abusing the Insolvency service, and attempting to use it as a tool for collecting disputed debts....fax the costs to the court 24 hours before.....

 

40p per mile

£9.25 @ LITIGANT IN PERSON COSTS

Postage

Parking etc....

[42man]

Oh and call the judge sir / madam....

[tiglet]

Thanks 42man - but why do I get the feeling that mine is going to be the one case where CQ DO turn up?

[42man]

If they do turn up....(unlikely)...then if the opposing solicitor wants to speak to you, just listen....don't admit anything !! If they want to stop the action then say, I will stop if you pay my costs !!!

[tiglet]

Is vodka allowed in court???

[ODC]

Tigs do not worry. It would cost Crapquest too much to turn up to oppose this SD. After all they have admitted in their letter to you that there are good grounds to have the SD Set Aside because of the serious dispute. So bring their letter along with you.

[surfaceagentx20]

There is a tell-tale passage in the letter you received from CQ which reads:

 

We do not accept that the debt is not due but in view of the time considerations and use of the courts time we ask that the application is granted but with no order as to costs. if, as we anticipate we subsequently obtain information which enables us to prove that the debt is due we will proceed by issuing a claim in the County Court which will allow the applicant the opportunity to defend the claim.

 

This is CQ standard fodder. It means they won't be going to court to oppose your SD and they're hoping you won't be either because they're concerned about any cost implications. Further, it means that even if they obtain evidence to defeat your application, they still won't turn up at court, but rather will issue a N1 Claim Form.

 

If CQ intended to oppose your application on Thursday with evidence obtained from the original creditor that evidence ought to have been filed and served by now. True, there is no obligation in the rules, but if (which they won't) they turn up to contest, object, tell the Judge that CQ have deliberately mislead you and the court and should be held to their earlier statment of intention.

 

That earlier statement of intention was:

 

We ask that the application is granted.

 

Tigs, now listen. Send your costs thingy out tomorrow and chill. There 'll be no one from CQ in Canterbury on Thursday.

 

x20

[tiglet]

Thanks guys for the support - I do have a tendency to get myself into a pickle.

 

I've sent them costs today by recorded delivery (about £350, which I doubt very much I'll get, but do truly represent my costs incurred and the amount of time I've spent researching this).

 

BUT, there's something I put together a month or two ago and now that I look at it, I'm a bit confused. It's from the MoJ website re CPR and states the following:

 

11. SUBSTITUTED SERVICE

 

STATUTORY DEMANDS:

 

11.1

 

The creditor is under an obligation to do all that is reasonable to bring the statutory demand to the debtor's attention and, if practicable, to cause personal service to be effected. Where it is not possible to effect prompt personal service, service may be effected by other means such as first class post or by insertion through a letter box.

 

11.2

 

Advertisement can only be used as a means of substituted service where:

(1) The demand is based on a judgment or order of any Court;

 

(2) The debtor has absconded or is keeping out of the way with a view to avoiding service and,

 

(3) There is no real prospect of the sum due being recovered by execution or other process.

 

As there is no statutory form of advertisement, the Court will accept an advertisement in the following form:

STATUTORY DEMAND

(Debt for liquidated sum payable immediately following a judgment or order of the Court)

To (Block letters)

of

TAKE NOTICE that a statutory demand has been issued by:

Name of Creditor:

Address:

The creditor demands payment of £ the amount now due on a judgment or order of the (High Court of Justice Division)(…………County Court) dated the day of 199 .

The statutory demand is an important document and it is deemed to have been served on you on the date of the first appearance of this advertisement. You must deal with this demand within 21 days of the service upon you or you could be made bankrupt and your property and goods taken away from you. If you are in any doubt as to your position, you should seek advice immediately from a solicitor or your nearest Citizens’ Advice Bureau. The statutory demand can be obtained or is available for inspection and collection from:

Name:

Address:

(Solicitor for) the Creditor

Tel. No. Reference:

You have only 21 days from the date of the first appearance of this advertisement before the creditor may present a Bankruptcy Petition. You have only 18 days from that date within which to apply to the Court to set aside the demand.

 

11.3

 

In all cases where substituted service is effected, the creditor must have taken all those steps which would justify the Court making an order for substituted service of a petition. The steps to be taken to obtain an order for substituted service of a petition are set out below. Failure to comply with these requirements may result in the Court declining to file the petition: Insolvency Rule 6.11(9).

 

 

PETITIONS

 

11.4

 

In most cases, evidence of the following steps will suffice to justify an order for substituted service:

(1) One personal call at the residence and place of business of the debtor where both are known or at either of such places as is known. Where it is known that the debtor has more than one residential or business address, personal calls should be made at all the addresses.

 

(2) Should the creditor fail to effect service, a first class prepaid letter should be written to the debtor referring to the call(s), the purpose of the same and the failure to meet with the debtor, adding that a further call will be made for the same purpose on the day of 19 at hours at (place). At least two business days notice should be given of the appointment and copies of the letter sent to all known addresses of the debtor. The appointment letter should also state that

(a) in the event of the time and place not being convenient, the debtor is to name some other time and place reasonably convenient for the purpose;

 

(b) (Statutory Demands) if the debtor fails to keep the appointment the creditor proposes to serve the debtor by [advertisement] [insertion through a letter box] or as the case may be, and that, in the event of a bankruptcy petition being presented, the Court will be asked to treat such service as service of the demand on the debtor;

 

© (Petitions) if the debtor fails to keep the appointment, application will be made to the Court for an order for substituted service either by advertisement, or in such other manner as the Court may think fit.

 

 

(3) In attending any appointment made by letter, inquiry should be made as to whether the debtor has received all letters left for him. If the debtor is away, inquiry should also be made as to whether or not letters are being forwarded to an address within the jurisdiction (England and Wales) or elsewhere.

 

(4) If the debtor is represented by a Solicitor, an attempt should be made to arrange an appointment for personal service through such Solicitor. The Insolvency Rules enable a Solicitor to accept service of a statutory demand on behalf of his client but there is no similar provision in respect of service of a bankruptcy petition.

 

(5) The written evidence filed pursuant to Insolvency Rule 6.11 should deal with all the above matters including all relevant facts as to the debtor’s whereabouts and whether the appointment letter(s) have been returned.

 

 

11.5

 

Where the Court makes an order for service by first class ordinary post, the order will normally provide that service be deemed to be effected on the seventh day after posting. The same method of calculating service may be applied to calculating the date of service of a statutory demand.

 

 

Is this correct and can anyone expand on it for the hard of thinking

[surfaceagentx20]

It's correct. What you have quoted there is from the Insolvency Practice Direction coming into effect on 15 October 2001.

 

Read 11.2(1). Quite evidently CQ don't have a judgment against or they wouldn't be saying they'd issue court proceedings, now would they?

 

x20

[tiglet]

Excellent, thanks sax20, I just wanted to be clear in my mind (not thinking too straight, although I obviously was when I was doing my research).

 

So, if I am questioned by the judge or they DO turn up, I can ask for it to be set aside because it was not properly served (second class post)?

[surfaceagentx20]

Nope,

You say you have attended

 

[1] on what is no longer a contested application for the SD to be set aside (and then take the Judge to CQ's letter in which they confirm their consent), and

 

[2] unlike CQ, out of respect for and courtesy to the court.

 

Then ask for your costs.

 

x20

[tiglet]

Thanks for this honey.

[Robot_roo]

Tiglet you are really doing so well with this, I hope I can deal with all this stuff as well as you are!!

Im Feeling really nervous just reading your thread!!!

[tiglet]

Imagine how I feel! Do you think I should let the court know that I suffer from a panic disorder?

[Robot_roo]

Imagine how I feel! Do you think I should let the court know that I suffer from a panic disorder?

 

MMmm not sure really ,I think maybe you could explain you have a panic disorder, but let them know you want to deal with this matter too in spite of your ailment?

Im sure when they see how proffesionally you have got yourself together they will see you really mean business and it will cover you if you did get a little panicky or nervous.

[Robot_roo]

Tiglet, I know this is probably an odd question, but if I got an SD and could prove i can afford to pay the debt does that then mean they would not start bankcrupty proceedings? Would they then have to go back to other methods to collect the debt or would the judge order me to pay it?

[itsamomentintime]

tiglet we are all behind you

[MARTIN3030]

Is vodka allowed in court???

 

Only if you share it with Sir.

 

Will put a call out in BG for you.

[tiglet]

Thanks guys - another sleepless night last night - have decided an early night with an emergency valium from the docs is the only way forward or the judge will think something from night of the living dead has walked into his/her chambers!

 

Robot_roo, sorry but I don't know he answer to that one - perhaps you should start your own thread (not that i mind you asking on mine) but I'm worried it may not get picked up amidst the mire of my ramblings!

[tiglet]

Sorry to be a pain, but what's the opinion on whether I should let the court know I'm currently suffering from an anxiety disorder? I'm so worried I will break down or not be able to speak (am even considering not going now ... it's the fear of the fear).

Edited November 19, 2008 by tiglet
...

[surfaceagentx20]

Tigs, have you ever been to court before? I ask because if you had, you would know the set up is designed to not be intimidating. You will leave court wondering what it was that got you all so nervy. That said, if you'd feel better telling a court member of staff about your anxiety then do so. You will be treated with friendliness, respect and courtesy.

 

x20

[tiglet]

No, I've never been to court before (apart from to swear the affidavit).