Stat demand appeal hearing - help please urgent

[big wazza]

Ok Brief symopsis :-

 

Ex Business Landlord started Bankruptcy Proceedings in 2010. Court 9 Times. I won every time including in Appeal Court (Not bad for litigant in person).

 

Downside was that for some really strange reason the Appeals Judge awarded the LOSING Party £1000 due to the fact that they should not have been granted the hearing in the first place so they were awarded £1000 for costs and I was awarded nothing.

 

Now bear in mind the reason I have won all this was that the landlord changed the locks on my business unit one day without notice or anything after 5 years. It was deemed that he acted illegally and had also forfieted the lease in doing so and on teh amount of money that he was pursuing me for which was £9000 I proved that I had paid it.

 

Judge did state that I now had a case for at least £5000 against the other party (I am applying for transcript).

 

whilst I dissagreed with the costs I wasnt experienced enough to deal with it. I did know that as I now had this metaphoric £5000 in my artillery that he was unlikely to pursue the £1000.

 

Wrong...Stat demand served on me. I applied for it to be set aside. I lost at the hearing due to a technicality that I didnt know (again inexperience).

 

The judge stated that he was allowed to set aside a stat demand backed by a court order, however NOT if from the Appeal Court. Therefore the applicant was able to proceed for a BO.

 

I left the court and paid £252.00 into the account of the Applicant taking it below the threshold for bankruptcy.

 

Trouble was they were awarded £800.00 costs at that hearing REALLY £800....i argued with the judge that I filled in an online stat demand and it took 5 mins. Failed....

 

Here are my 2 issues....Firstly Morally.......I am a dad with 5 kids (3-12) a wife and a mortgage who has lost his business, had a breakdown and now on tablets, and on disability allowance and my wife is my carer and I WON !!! I WON in the HIGH COURT OF APPEAL where i thought it was the end to years of court cases and mental torture and the constant bankruptcy threats.

 

Secondly I WON....In the High Court of Appeal and yet STILL he is pursuing me and desperate to make me bankrupt. The reason for this is when I signed the lease 5 years ago he said to me if ever I cross him he wil take my house.....This is the sole reason for all this as the man is a multi millionaire and owns 2 or 3 industrial estates.

 

Sorry thirdly I have read that an Application to set aside a stat demand will only be granted if there is a reasonable chance of success. If that is the case which I am sure it is, I went into that hearing with my hands tied behind my back and blindfolded as I could NOT win it due to the technical ruling about appeal courts.

 

 

So I attended the next hearing for the stat demand for £800 feeling very confident as in my previous hearing the judge had explained that if not from the court of appeal he had the power to set aside, and also the tests for setting aside a stat demand like counter claim which I had potential form the court of appeal, and my biggest point of call was that I had outlined a counter claim for £13,000 that would extinguish the debt.

 

The court had failed here badly as the OTHER party were not present as they court had not notified them, the hearing was not recorded and I was not asked by the judge if this was ok, she had NO case history at all apart from my simply application to set aside, she had not received paperwork hand delivered the previous day, and she started talking to me about a different case before she realised and corrected herself.

 

She immediately simply stated that as this was back by a court order she could not do anything about it, with a risk of offending her I pointed her to the books on her desk and explained that the previous judge has told me different and that she did have the power. She basically got cross with me and said no. and that was it. I stated to her that she had not even taken into consideration a counter claim that would etinguish or that she had even read any case history. she just said No. and that was that.

 

It was like her mind was totally somewhere else.

 

So apart from being fuming I decided to appeal.

 

The applicant knowing that I would simply pay off £55 from the debt, amalgamated the 2 debts now totalling £1500 and issued another stat demand.

 

I did not apply to set it aside this time as I knew I would appeal and in appealing it put the debt into dispute therefore they could not pursue and a BO would not be granted.

 

The court date arrived and I attended, this time the applicant HIMSELF turned up for some bizzarre reason. Even his own counsel asked me if I knew what he was doing there. It was an intimidation excersise.

 

Bearing in mind to date i think he has spent £12k in fees against me but he is probably insured so it doesnt even come out of his own pocket.

 

The judge simply stated that she had no idea what they were doing there as I had appealed and it had been granted so there was nothing she could do.

 

The applicants counsel did ask that a hearing straight after the appeal hearing is set for the SD to be heard. This was granted but then it was transferred to the appeal court so it was not possible.

 

I have now received numerous letters from the appeal court stating that it is going to the appeals judge and to do nothing apart from wait.

 

I have appealled on the grounds that the judge was inadequately equipped for the hearing, did not follow protocol and that in my opinion she was technically incorrect and if she wasnt then the previous judge was. It is almost a win win stiuation to a degree because if the first judge is correct then she is incorrect or if she is correct then the previous judge is incorrect so SOMEBODY if WRONG.

 

The latest letter from the appeals court baffled me. It is from tjudge and forms an order to the following :-

 

Without Notice Stay of execution.

It is orderd that

1. the application be refused.

2. The appelant has not put forward sufficient basis for departing from the normal rule (white book 52.7.1) that an order shoudl not be stayed pending appeal. It is not apparent the the mere presentation ofa bankruptcy petition is likely to prejudice the appellant and the existance of a pending appeal were a bankruptcy petition to come before the court then the present appeal had not yet been determined. Further it can be inmportant in the context of, for example section 284 of Insolvency act 86 that an alleged creditor should be permitted to present a bankruptcy petition to be disposed of before the pending appeal.

 

3. the order has been made under cpr23.9 as the court has disposed of an application without a hearing any party may apply to have this order set aside or varied within 7 days of service.

 

It was dated 28th but I received it on the 30th so taking into account bank holidays and weekends i read that 7 days is up Tuesday 12th ???

 

So what does that mean ????? I have read it over and over and over and read the rulings etc but to be honest it doesnt make sense as i thought the rule full stop was that if the debt is in dispute bankruptcy proceedings can not proceed ??? Isnt it that simple ????

 

Can somebody PLEASE PLEASE PLEASE PLEASE help.

 

Thanks a lot Warren

[big wazza]

I know its bank holiday and probably the legal eagles are taking a well earned break so hopefully i will get some advice tomorrow when people are back at work

[42man]

I think this is way beyond any of the expertise on these forums and you really need to talk to a solicitor, maybe you should start proceedings to claim the £5k that the judge said you would get....the other side sound like a serial litigator and if you get the chance in a future hearing then a bankruptcy restraining order should be high on the list of your requests to the judge.....

[big wazza]

BUMP

 

Anybod shed any more light on this ? what about the part of being able to serve me ? is that simply saying that they can serve me a petition but theres no real point as you cant take someone to court for bankruptcy when in dispute so it wont prejudice me in any way ?

[Ganymede]

 

The latest letter from the appeals court baffled me. It is from tjudge and forms an order to the following :-

 

Without Notice Stay of execution.

It is orderd that

1. the application be refused.

2. The appelant has not put forward sufficient basis for departing from the normal rule (white book 52.7.1) that an order shoudl not be stayed pending appeal. It is not apparent the the mere presentation ofa bankruptcy petition is likely to prejudice the appellant and the existance of a pending appeal were a bankruptcy petition to come before the court then the present appeal had not yet been determined. Further it can be inmportant in the context of, for example section 284 of Insolvency act 86 that an alleged creditor should be permitted to present a bankruptcy petition to be disposed of before the pending appeal.

 

3. the order has been made under cpr23.9 as the court has disposed of an application without a hearing any party may apply to have this order set aside or varied within 7 days of service.

 

 

 

That would seem to read that you can be served with a bankruptcy petition even though you are appealing.

 

I would go and seek legal advice from a solicitor.