I need help to Serve a writ to recover a loan

[burmafriday]

Hi Andy and Ganymede

thank you so much

i received an auto reply from the court to say court not accepting emails with documents for submissions.

so thats not a very good start.

but will advise you how got on

thanks again

All the best/BF

[AndyOrch]

Print off a copy of that and take it with you and attach a copy to the DJ skeleton copy.

[burmafriday]

Hi Andy and Ganymede

 

We had a no show - the toe rag did not show up so We WON!!!!!

 

The judge was all about placing the case in fast track - i appealed for the Defence to be struck out as no show

meant that he could not substantiate that he complied with the orders.

 

then the Judge made me plead my case as to why I should be awarded the judgment

I was very surprised because the judge actually grilled me and asked a load of questions on various aspects

based on his one witness statement.

 

but because of our discussions i was able to convince the Judge.

 

thank you so much for your help and very very prompt support and advice.

The Skeleton Argument definitely did the business for me.

 

thats why said "We won" because I could not have done it without your help,

 

the defence was struck out on the basis of the order from the previous hearing

but i was awarded full claim because i was able to substantiate my claim

 

He may appeal - guess on the grounds that he could not turn up because ..... well he can give any excuse

but he would still have to provide the evidence required and explain the non compliance.

 

What would you do - if you were he? how would you look at appealing?

 

I guess we will deal with that if it happens - but now i got the task of trying to get the money back from him

- which i am sure is NOT going to be easy

 

BTW - the Judge gave him till 14 March to pay up.

 

I am having a few G+T's tonight and i am really sorry that you are not around to join me.

Hey - you can still join me - i bought a couple of Gordons at Christmas during the Morrison sale!!!

 

thank you thank you thank you

all the best

BurmaFriday

[AndyOrch]

Hi BF...sorry I wasn't around to participate in the celebrations.......

 

However this is good news and I'm delighted that The Skeleton worked for you.

 

Well done for seeing this through....sometimes matters do require persistence...but you get there in the end.

 

 

Regards

 

Andy

[burmafriday]

H Andy

thanks for your message. I just had a couple of large G+T's and crashed out. Woke up at 3pm on Saturday.

I did not realise how cream crackered i was!!!! I pretty much lost an entire day!! I cant believe I got stoned and missed my own celebrations!!

 

I had a long think and i believe the tactic is to make an appeal just before the 14 day period is over on the basis that he could not attend court because he got abducted by Captain Scarlet and the Mysterons. I think he did not come to court purely to enable him to make an appeal and of course any appeal will delay recovery by a few months.

 

So i like to think of a way to kill off any appeal as soon as he submits it.

All I can think of right now is that he s a serial non-compliant and still has not presented the dox and evidence.

he could have posted these to court and Claimant.....

 

Andy, pls just put your thinking caps on and advise me as i bet thats the next thing this guy is gong to do.

I used to be an eternal optimist.

 

All the best/BF

Edited February 28, 2016 by burmafriday
spelling

[AndyOrch]

If he didn't attend and did not submit any documents...its hardly likely he will be allowed any further recourse

[burmafriday]

Dear Andy

thanks for yr message. Yes i am in total agreement - but this guy has been extremely lucky.

 

there s one thing i forgot to ask you - the judge is charging an interest of 3% pa flat rate and to start from the date the defence was submitted.

I do not agree with this because i made numerous verbal attempts to ask him to repay and in the end sent formal notices.

my thinking s that the interest should be applied from the time i started asking for repayment.

also, i think the value of the interest should be the standard 8% pa and it should be cumulative.

No one lends at 8% - let alone 3%. the lending rate is much more. nearly 15%

So can i submit an appeal using N244 form?

 

all the best/BF

[AndyOrch]

Section 69 interest is set at a flat rate of 8% ...deemed as a simple interest.It is set pursuant to the The County Courts Act 1984.

 

http://www.legislation.gov.uk/ukpga/1984/28/section/69

 

http://www.legislation.gov.uk/ukpga/1984/28

 

But a DJ can use his discretion on the % of the award....worth questioning....bit late for further applications you should have argued it in court.

 

Andy

[burmafriday]

Dear Andy

thank you for your message.

I am so sorry i did not see it earlier.

 

well the news is not good.

on 15 Feb he was declared bankrupt. I only received the letter from the Insolvency Service today.

It said a Bankruptcy order was made against him on 15 Feb at County Court Central London.

it did not state who applied for the order.

 

this will pretty much mean that i shall not gt a penny from him.

 

can i apply to obtain an order so that i can be paid some amount from his future earnings?

 

pls explain what i can do next

 

thanks Andy

All the best/BF

[AndyOrch]

Sly fox ....BF

 

The first thing you need to do in order to claim the money owed is to register as a creditor of the person.

 

You are not guaranteed payment of any debts if you register but you will be kept informed of what is happening with regard to the bankrupt or liquidated company and allowed to vote on any decisions at creditors’ meetings.

 

in order to register as a creditor you will need to complete form 6.37 if you are owed money by an individual.

 

The appropriate form then needs to be posted to the person managing the bankruptcy or liquidation. This tends to be an official receiver, court officials who deal with bankruptcies and liquidations.

 

The case may also be handed over to an insolvency practitioner, a lawyer or accountant specialising in debt recovery. The official receiver or insolvency practitioner is called a “trustee” in a bankruptcy.

 

If you do not have the contact details of either the official receiver or the insolvency practitioner they can be found on the Individual Insolvency Register.

 

Regards

 

Andy

[burmafriday]

Hi Andy

Thanks so much Andy for your fast reply.

i will get that form 6.37 completed and sent. i will get back to you ASAP

warm regards

BF

[burmafriday]

Dear Andy

 

thank you for getting back to me so fast. I am really grateful and impressed at the speed of your response since

you must be really busy giving advice to so many.

 

yes i will get the form 6.37 and contact the IP.

I have been reading up about this after receipt of yr latest message

thanks again. will advise you what response i get.

 

all the best/BF

[burmafriday]

Hi Andy and Ganymede

how are you both? I hope you are both well.

A couple of months have passed and i like to give you an update.

I have of course submitted the form 6.37 and spoken with the IP

 

Firstly it appears that i am the major creditor. other creditors are

three credit card companies

 

I advised the IP regarding his witness statements. They tell me to contact

the PAYE people as a result. In my conversation with the IP an issue arose.

It has become really clear that he has mislead the court and lied to the court

to drag this case as long as possible with a clear plan to declare himself bankrupt.

 

My question to you is would it be possible for me to present this case to the

Crown Prosecution to take matters further regarding his wilful negligence of

court procedures and contempt of court.

 

look forward to your comments.

thank you

BurmaFriday

[Ganymede]

Hi Andy and Ganymede

how are you both? I hope you are both well.

A couple of months have passed and i like to give you an update.

I have of course submitted the form 6.37 and spoken with the IP

 

Firstly it appears that i am the major creditor. other creditors are

three credit card companies

 

I advised the IP regarding his witness statements. They tell me to contact

the PAYE people as a result. In my conversation with the IP an issue arose.

It has become really clear that he has mislead the court and lied to the court

to drag this case as long as possible with a clear plan to declare himself bankrupt.

 

My question to you is would it be possible for me to present this case to the

Crown Prosecution to take matters further regarding his wilful negligence of

court procedures and contempt of court.

look forward to your comments.

thank you

BurmaFriday

 

The short answer is no.