Statutory Demand

[Too Late?]

I have recieved a statuory demand which I would like to defend as I believe court action was started more than 6 years after issuing a default notice. However the creditor already has a CCJ against me which I have been meaning to appeal for the same reason. The creditor has obtained a charging order against my property.

Can anyone please tell me if it is possible to use this defense now or should I have appealed the CCJ earlier? Does the charging order make a difference because the creditor has security?

PLEASE?

[the_shadow]

I have recieved a statuory demand which I would like to defend as I believe court action was started more than 6 years after issuing a default notice. However the creditor already has a CCJ against me which I have been meaning to appeal for the same reason. The creditor has obtained a charging order against my property.

Can anyone please tell me if it is possible to use this defense now or should I have appealed the CCJ earlier? Does the charging order make a difference because the creditor has security?

PLEASE?

 

Obviously the closer to obtaining a CCJ the better to set-aside... was there a clear 6 year window between making a payment and the court proceedings (or 5 if you are in Scotland)

 

If they have security in the shape of a charging order, why are they going for a stat demand to make you bankrupt? If they are not happy with the judgement they have obtained they should be seeking a re-determination hearing rather than a stat demand I wouldve have thought? HAve you made any payments towards this CCJ at all?

 

S.

[42man]

If they already have security then they shouldn't be issuing a statutory demand.....is there a gap anywhere along the life of the debt where you haven't paid or acknowledged for at least 6 years ?

[Too Late?]

I don't know exactly what they can do with a charging order, I would think it would be difficult for them to force sale as I am not sole owner. Sorry, what do you mean about the closer the better?

[the_shadow]

I don't know exactly what they can do with a charging order, I would think it would be difficult for them to force sale as I am not sole owner. Sorry, what do you mean about the closer the better?

 

To get a CCJ set aside the sooner you apply to set it aside the better is what I mean.

 

Can you answer the question about payments or acknowledging the debt within a 6/5(scotland) year window prior to the Court proceedings? And what was the debt for?

 

 

S.

[Too Late?]

Yes there is a six year gap, I have a default notice issued by the bank then another about 4 months later by an agency. The county court action is within six years of the second DN but not the first.

The problem as I see it is the leaflet from HMCS says that SD will not normally be set aside if it is based on a judgement, but it does say unless the amount claimed is secured which is why I mentioned the charging order.

[the_shadow]

Yes there is a six year gap, I have a default notice issued by the bank then another about 4 months later by an agency. The county court action is within six years of the second DN but not the first.

The problem as I see it is the leaflet from HMCS says that SD will not normally be set aside if it is based on a judgement, but it does say unless the amount claimed is secured which is why I mentioned the charging order.

 

Was it within 6 years of you making a payment tho, ignore the default notice the date the money is due is the date the limitation act comes into being and thats usually if a credit card the month after the last payment made... so long as you dont acknowledge in writing the debt.

 

S.

[the_shadow]

You might want to split this issue into two threads as the two are seperate...

 

If you challange the CCJ on stat barred then it would in theory mean the removal of the CO and you'd go back to the start of the court process and have to defend with a stat barred defence.

 

The Stat demand needs to be set aside and the fact they currently have a CO should stand you in good stead plus loads of other stuff which we can add.

 

S.

[Too Late?]

No, no payments were made either. The thing that worries me though is will they set the SD aside if it is backed up by a CCJ which I have not complied with. If not I could be made bankcrupt very soon, unless I can then offer to make some installments?

Ok I could now challenge the CCJ but they may just say sorry too late when they consider the SD.

[robcag]

Hi TL

 

I'm not 100% sure, but I'm fairly certain that I've read on here somewhere in the last few days that if they wish to take the route of bankruptcy they first have to release/remove the Charging Order.

 

However, don't rely on what I've said without confirming it with a reliable source.

 

Cheers

Rob

[Too Late?]

Yes, I think it says in the SD that they are prepared to release the charging order. Well I need to file for the SD to be set aside tomorrow so that's what I plan to do.

Thanks everyone for your help, if anybody thinks they can add any more info. I will be very grateful.

[saintly_1]

When was the CCJ issued ?

[Too Late?]

About a year ago.