Stat Demand Received. Interesting story this! **DEMAND WITHDRAWN/ **SET A SIDE**

[Carlyx]

It says:

 

"a Enquiry Agent company, has made an inquiry against your credit report on 14/09/2012"

Edited September 22, 2012 by Carlyx

[unclebulgaria67]

It says:

 

"a Enquiry Agent company, has made an inquiry against your credit report on 14/09/2012"

 

See whether anything is received. You may never hear from them. Perhaps it is just a coincidence and they are searching for someone else with the same name.

 

This search entry is only visable to you and does not affect your record/rating in any way.

[citizenB]

Have amended title to show Stat Demand withdrawn

[Carlyx]

Thank you for the edit.

 

One question. Now they have withdrawn the SD and owe me my legal fees. Can they now use another company to issue another SD costing me more money to get it set aside?

[unclebulgaria67]

Thank you for the edit.

 

One question. Now they have withdrawn the SD and owe me my legal fees. Can they now use another company to issue another SD costing me more money to get it set aside?

 

I think if they have a court order to pay your costs, they would be unwise to start any other action regarding this alleged debt.

 

But I think you would have to wait to see whether they intend any other action, before taking any relevant legal action. If they do, then as well as setting aside any SD, you could look at an injunction to stop them.

[Mike_hawk]

The set aside hearing is yours to vacate, not theirs. They may be withdrawing but I would think your appointed counsel would want to wrap this up with a consent or Tomlin to recover costs and prevent any future action by the other side whether in the insolvency or civil court regime.

[Carlyx]

The set aside hearing is yours to vacate, not theirs. They may be withdrawing but I would think your appointed counsel would want to wrap this up with a consent or Tomlin to recover costs and prevent any future action by the other side whether in the insolvency or civil court regime.

 

Oh I see. So we could hypothetically turn up to court for the hearing and if they didn't turn up surely they would award in my favour? Costs and the SD set aside meaning they couldn't apply for a SD for the same debt ever again?

 

Surely that would be a better option?

[Mike_hawk]

No need to attend if there is an agreement between the parties, really depends on the content of the other sides withdrawal and whether you can reach agreement on costs.

 

A consent can be placed before the court for it to seal the order on the day, PD below would apply..... although you really need to discuss this with your counsel to ensure a simple consent goes far enough in offering you protection in the future.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/insolvency_pd#IDAGJAIC

 

16.3

 

 

In suitable cases the court may also make consent orders without attendance by the parties. The written consent of the parties will be required. Examples of such orders are as follows –

 

(1) on applications to set aside a statutory demand, orders –

(a) dismissing the application, with or without an order for costs as may be agreed (permission will be given to present a petition on or after the seventh day after the date of the order, unless a different date is agreed);

 

(b) setting aside the demand, with or without an order for costs as may be agreed; or

[Carlyx]

The case went ahead yesterday as they refused to pay our legal fees. My solicitor thought it would be best practice to see the case out as they clearly used the stat demand as a tool and then refused to pay my legal fees.

 

The judge set aside the demand and awarded full costs to myself. I now have a court order against them for a 4 figure sum.

 

Could someone please confirm whether they can legally chase me for the "debt" in the future? They sent my solicitor a letter saying that is wasn't the end of it and they wont give up on their claim.

 

This entire case is wearing me down now. I'm fed up and have had enough. I feel like I have to look over my shoulder every single day. Any advice would be great.

 

Thank you.

[42man]

Great news and well done...they may go quiet or attempt to put in a court claim, but this is an excellent win and you obviously have a good solicitor who will fight for you in the future again....

[Guest]

The case went ahead yesterday as they refused to pay our legal fees. My solicitor thought it would be best practice to see the case out as they clearly used the stat demand as a tool and then refused to pay my legal fees.

 

The judge set aside the demand and awarded full costs to myself. I now have a court order against them for a 4 figure sum.

 

.........

Thank you.

 

[Mike_hawk]

Great stuff, don't forget to enforce the costs order if they don't pay

[citizenB]

Excellent news

[Carlyx]

My solicitor has been absolutely brilliant.

 

Its a massive relief to have won. Although I knew their claim was Mickey Mouse to say the least i still had doubts. Its like when you're going through security at an airport., you know you don't have a bomb but it doesn't stop you acting like you do. its odd isn't it?

 

What I'm now unsure about is what they can legally do to chase this "debt". How safe am I now? Can I stop worrying?

 

If this ever went to court again could we use the fact that it was set aside as part of our defence?

[Mike_hawk]

Hi Carly

 

They can try in the civil courts as its a different regime but the burden of proof is a hell of a lot higher.

 

Keep the details for your sols handy, just in case they make a daft decision and want to be strung up with an inordinate costs order

[Guest]

carly

i know they withdrew their demand, but did they actually attend the hearing?

Edited October 3, 2012 by Ford

[citizenB]

Did the Judge advise on what grounds he was setting the SD aside ?

[Carlyx]

carly

i know they withdrew the demand, but did they actually attend the hearing?

 

I believe they requested us to withdraw the demand. We agreed based on them paying out legal fees. They did not.

 

So we didn't withdraw the demand but attended court yesterday to defend ourselves, I assume they were not there.

[Carlyx]

Did the Judge advise on what grounds he was setting the SD aside ?

 

I'm not sure. I did not attend., my solicitor went on my behalf.

[Guest]

I believe they requested us to withdraw the demand. We agreed based on them paying out legal fees. They did not.

 

So we didn't withdraw the demand but attended court yesterday to defend ourselves, I assume they were not there.

 

thanks, if they were there even better.

(you mean they requested you vacate/withdraw your application to set aside (not demand) following their withdrawal of their stat demand? )

Edited October 4, 2012 by Ford

[Mike_hawk]

I believe they requested us to withdraw the demand. We agreed based on them paying out legal fees. They did not.

 

So we didn't withdraw the demand but attended court yesterday to defend ourselves, I assume they were not there.

 

Hi Carly

 

I think that may be a**e about face, they wanted you to vacate the set aside hearing allocated but declined to agree costs on withdrawal.......... post #106?

 

Perhaps your sol will provide you with a synposis later in the week so you have a record of the reasons argued.

[Guest]

Excellent news

 

mods, reamend title to include '/set aside'?

Edited October 13, 2012 by Ford

[Carlyx]

Received the County Court order in the post today.

 

It looks great!!!!

[Mike_hawk]

Costs order ??

[Carlyx]

Costs order ??

 

Yes for the costs. Sorry.