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    • OK, so I've rather unfairly picked up a CCJ from a business overdraft debt that's been going on for years. I had court claim forms in 2014 which I managed to stave off. and again in sept 2016. This time I've acknowledged the service, filling in what I thought was the correct amount I thought I owed. I've since had the personal guarantee paper copies in my possession and I owe £21K. I sent them back along with a new address for all correspondence to be sent to, and then agreed to a Tomlin order to pay debt off monthly.  Now, these were sent back and forth and eventually signed, but apparently only partially. So DD was set up at same time, in Jan 2017. over next couple of months we paid, and also go letters to sign new Tomlin which we ignored as it was signed. In March we got another TO with 7 days to sign it and send back. We had one day to get this to them and phoned to say it wouldn't be there, that's ok they said, well extend it, just keep paying and send it back asap, we did send recorded (since lost receipt). We assumed they'd got it, and didn't hear a peep from them. Until July 18, when I found id got a CCJ from Feb that year. I've logged a complaint with solicitor, and had a response, they are denying any knowledge of anything. They had no TO so took it to court without my knowledge.  I didn't think there was anything I can do. However, as it turns out, the court sent papers to an old address even though solicitor had new address for 13 months, and address for correspondence was on the claim papers I sent back. Upon closer inspection the numbers are all wrong too, nor a lot but its about £200 adrift. We called their office too within the 30 day notice period, oddly they have no record of that.  And all this is on a "Business Charge Card Guarantee" …. anyone explain that?? In the mean time we've paid £5K+ of the debt off. At no point did anyone in the process let us know we'd had the CCJ logged against us. Is that right?? Or legal? I was intending to get it set side, but was told by them it was pointless. Just want to get back to point A. Paying it isn't the problem, it getting the CCJ reset. Please Help!!! 
    • same with jaguar s-types etc. all kind of weird issues if the battery is on the way out or the terminals/earth straps are not reconnected tightely/properly.   mine was the earthing strap to the gearbox, was rotted and got knocked during the gearbox oil change.
    • what have they got that they can respond too that counters your SB defence? zilch.   as with every erudio claimform or PAPLOC thread on CAG you solely got the claim because for whatever reason , to that date, everything was ignored.   once a response is made they go away.   default CCJ avoided. you must read up and understand how arrows [erudio!!] operate  
    • so won by a section 75 claim under the consumer credit act then   consequential losses are also covered by section 75 as the card provide is equally liable as you've already found out   as for the dealer and court there is no time limit, well 6yrs I believe   though it would be a tough battle but made slightly easier as BC coughed up. but again what would you in all reality 'win' probably go bust or change name        
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happysmash

Bankruptcy Petition for a breached settlement of a statutory demand.

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I'll try to keep this simple and to the point. A stat demand was served and a hearing set to have the application to set aside heard. I withdrew the application to set aside on the grounds that a settlement was reached.

 

Fast forward and payments on the settlement agreement have stopped on my end as the deliverable from the petitioners can physically be no longer provided. Namely they are no longer authorised to sell stock as specified in the settlement agreement and the forms for transfer have been returned by the company. I don't see in which world it would be just for me to pay for something that I'm not going to receive.

 

They have issued a bankruptcy petition for the breach of the settlement agreement and I have until Tuesday to file a 6.19. Does this form need to be accompanied by a witness statement and hand delivered to the court or can I fax/email?

 

Is the 6.19 even the right thing to do here?

 

Thanks in advance.

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Phone the insolvency service to see if they can advise on the process. Telephone no 0300 678 0015 lines open 8 to 5 mon to fri.

 

Don't know the answer and you may not get a proper response on a Friday afternoon on this site. Particularly ahead of a bank holiday.


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Thanks unclebulgaria. Do you happen to know how the bank holiday affects the deadline for submitted the 6.19. Does it need to be supplied 5 business days or 7days in advance, there seems to be some conflict in my Google results.

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Thanks unclebulgaria. Do you happen to know how the bank holiday affects the deadline for submitted the 6.19. Does it need to be supplied 5 business days or 7days in advance, there seems to be some conflict in my Google results.

 

Pass. Ask the court or insolvency service.


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What date was the SD served on you?

 

Bank Holidays have no effect on the court process except for Good Friday and Christmas Day.

 

Regards

 

Andy


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happysmash, much depends on your backstory I would say. Are there other creditors. Was there a judgment against you. Was the settlement agreement approved by a court.The creditor seems to assume you are liable regardless. Was/is there something in the original contract to that effect.Did you appeal. If not, this might be the time to do it rather than opposing the petition under 6.19. In that event you could ask the court to adjourn hearing of the petition until you have challenged the order on which the petition is based.Also, how much are they claiming off you.I'm wondering if they ought to have started again with a fresh statutory demand.I don't have access to the Insolvency Rules today as only the original version is available online, so I'm really only stabbing in the dark. Procedure is important in your situation. Tomorrow morning I might visit a library where they subscribe to LexisNexis which I believe will have the updated Rules.

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