Lost Set Aside an SD...Made Bankrupt lost house now..

[John Henry]

Hi Andy,

Thanks for the link, but I was referring to a judgement that has already been handed down, and I do not have the money to pay the sum demanded before the 28 days have elapsed.

I was wondering what will happen in this instance.

 

Thanks John.

[AndyOrch]

Hi Andy,

Thanks for the link, but I was referring to a judgement that has already been handed down, and I do not have the money to pay the sum demanded before the 28 days have elapsed.

I was wondering what will happen in this instance.

 

Thanks John.

 

So you have a CCJ not a Statuary Demand...simply make application using the N245 to vary the forthwith payment to monthly...complete the I&E on the N245 with your offered affordable monthly payment..there is a fee of £45.

 

Regards

 

Andy

[John Henry]

Hi Andy,

Does it mater that the judgement states that it must be paid in full?

 

I quote the handing down order

" the order I shall make on handing down the judgement will involve the dissmissal of the application,

I shall give the respondent permission to present a petition not forthwith but after 28 days,

and thereafter only if Mr Henry has not paid the sum.

 

Regards John.

[AndyOrch]

You would have to type (verbatim) or better still scan in what you have .What is the judgment for?

[John Henry]

Hi Andy,

in Bankruptcy in the matter of an application to set aside a statutory demand.

 

regards John.

[AndyOrch]

So you have made application to set a side a Stat Demand....no CCJ no bankruptcy...and its failed and they have judgment for the Stat Demand?

[John Henry]

Yes! that is correct.

any advice on this issue would be appreciated.

.

[AndyOrch]

Refer to previous advise John.

That will only enable an monthly payment..

.whether they come back to make you bankrupt would have to be challenged separately.

..if you have grounds.

[John Henry]

I am being sued by a company who are trying to push me over the edge by throwing huge legal costs on top of what they have already been awarded in the judgement,

 

they were awarded 30k to be paid in 28 days which I could not pay,

 

I attended court after issuing a N244 (Time to pay) notice today,

and a barrister turned up to oppose my request for a further 28 days to find the money,

 

the judge refused to grant me the extra time to find the money,

and they subsequently handed over a costs bill for nearly 5k.

 

surely this can be challenged as an act of extortion,

these people are trying to force me into bankruptcy,

and the judge today,

would appear to be helping them to achieve this.

What can I do.?

[honeybee13]

Hello John.

 

I'm sorry it's not going well for you. Does this thread refer to any of your previous posts please?

 

My best, HB

[John Henry]

Hi Honeybee, Yes! it is all related to a Franchise, I suppose the moral of the story is: AVOID franchises like the plague.

[AndyOrch]

Hi John have you read my sticky in the Legal Forum http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences

 

There is a full section on costs towards the end.

 

Regards

 

Andy

[John Henry]

Hello Andy, yes thanks, quite helpful.

 

Regards John.

[John Henry]

Hi, I would like advice please! my question relates to bankruptcy, in the situation of enforced bankruptcy I would like to know :

1. Who appoints the trustees?

2. Can the respondents influence the choice of trustees?

3. Can the bankrupt person appeal against the choice of trustee?

 

Thanks.

[citizenB]

http://www.advicenow.org.uk/infoset.html?Pterm=com.othermedia.advicenow.model.Term-L-38&q=Bankruptcy

 

There is a lot of advice on the above link. You could also speak to National Debtline, I am sure they would be able to answer your questions.

[AndyOrch]

If you could add a little history John...why enforced...have you been served with a Statutory Demand?

 

Regards

 

Andy

[John Henry]

Hi Andy, yes I was served a Statutory demand over a year ago, I applied to have it set aside and I lost the case, the claimants have now petitioned again, as I failed to pay what was asked, within a 28 day limit, and now face the prospect of bankruptcy in the very near future.

[AndyOrch]

So have they served a further Stat Demand or pushing the petition? Have you tried agreeing a payment plan with them?

 

Why did you lose your application to set a side?

[John Henry]

Hi Andy,

They have sent a " Form 6.7 Creditors bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately"

 

these people do not want to do a deal they are looking for my demise.

 

I lost the application to set aside the petition as I had to represent myself against a barrister and a solicitor who were vastly experienced in what they do.

[unclebulgaria67]

You will need to get proper legal advice from a Solicitor who can deal with this.

 

http://www.lawsociety.org.uk/find-a-solicitor/help/

[AndyOrch]

Who is the creditor and for what amount and was the SD served by hand or post?

[John Henry]

Can you challenge the appointment of a trustee in a bankruptcy order?

[John Henry]

Hi, I wonder if someone can help me,

I was recently made bankrupt,

and the official receiver has now appointed a trustee.

 

My question is:

what criteria is involved in the choice of the trustee?

and can I query this appointment?

any advice would be much appreciated.

[citizenB]

It looks as though the Official Receiver appoints the Trustee. Why do you wish to query their choice ?

[John Henry]

I would just like to know how a trustee is chosen,

as I know from my dealings with these creditors that they are aggressive,

and corrupt, they engineered my bankruptcy through abuse of process,

and the courts backed them,

 

the debts are related to legal costs,

they allegedly spent £76k chasing a debt of £30k