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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        
    • It was settled by Barclaycard because I bought the car using my VISA credit card. Do you know if there is a time limit for taking the company to court to claim the consequential expenses incurred?
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funkar

Help. I've received S.123 and S.222 to wind up my company if don't pay.

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We have a meat shop, we use to buy Meat from a big supplier. Their quality of meat gradually became so bad that we had to refuse four deliveries as the restaurants we supply it to won't accept it. Later on in a month's time the big supplier went into administration. We then realised why they weren't much bothered about their quality anymore.

 

Anyways, asministrators came in and they dug out that those four deliveries which were refused by us are actually invoiced and outstanding. We received a notice to pay from them on which we responded telling them that these deliveries were refused with supplier's consent and they knew it has been refused. Total amount was aprox £7800. Moreover, we also mentioned that there is around £900 also outstanding on previous returned items due to bad quality in last months which we still seek to claim.

 

Liquidators replied that invoices are outstanding as they have proof of delivery but they can offer a settlement in aprox £5000 if we pay in next 2 days otherwise they will seek legal action. We didn't accept it. After a week of that, and after adding their fees to the total, they sent a

' statutory demand under s.123 (I)(a) and s.222 (I)(a) of the solvency act 1986 ' to wind up our company if we didn't pay in full in 21 days otherwise they will proceed through court.

 

We never had any written credit or any other agreement with them. On their notices they are mentioning invoice agreement and all correspondence is addressed to business name.

 

I would like to know where do I stand at this situation and what could happen. I don't mind going to court to defend myself and also don't want to spend any money on hiring a solicitor due to their costs as it's not my fault.

 

I do not have any experience of such things and need serious help here. I hope some one can. I have only 10 days left to finish the 21 days period as it all happened when i was away on easter holidays.

 

Many thanks for reading.

Edited by honeybee13
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We have a meat shop, we use to buy Meat from a big supplier. Their quality of meat gradually became so bad that we had to refuse four deliveries as the restaurants we supply it to won't accept it. Later on in a month's time the big supplier went into administration. We then realised why they weren't much bothered about their quality anymore.

 

Anyways, asministrators came in and they dug out that those four deliveries which were refused by us are actually invoiced and outstanding. We received a notice to pay from them on which we responded telling them that these deliveries were refused with supplier's consent and they knew it has been refused. Total amount was aprox £7800. Moreover, we also mentioned that there is around £900 also outstanding on previous returned items due to bad quality in last months which we still seek to claim.

 

Liquidators replied that invoices are outstanding as they have proof of delivery but they can offer a settlement in aprox £5000 if we pay in next 2 days otherwise they will seek legal action. We didn't accept it. After a week of that, and after adding their fees to the total, they sent a

' statutory demand under s.123 (I)(a) and s.222 (I)(a) of the solvency act 1986 ' to wind up our company if we didn't pay in full in 21 days otherwise they will proceed through court.

 

We never had any written credit or any other agreement with them. On their notices they are mentioning invoice agreement and all correspondence is addressed to business name.

 

I would like to know where do I stand at this situation and what could happen. I don't mind going to court to defend myself and also don't want to spend any money on hiring a solicitor due to their costs as it's not my fault.

 

I do not have any experience of such things and need serious help here. I hope some one can. I have only 10 days left to finish the 21 days period as it all happened when i was away on easter holidays.

 

Many thanks for reading.

 

You need to make an application to set aside the statutory demand on the grounds that the alleged debt isn't owed.

 

You can do this yourself but the consequence of getting it wrong would be so severe that you might make a commercial decision to involve a solicitor.

How much time would you need to spend to ensure you get it right?

How much is this time worth to you against how much would a solicitor charge you? (Have you asked any for a quote?)

 

The set aside must be applied for within 18 days of the statutory demand being made.

 

https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/bankruptcy-2/creditors-making-you-bankrupt/apply-to-have-a-statutory-demand-cancelled/

 

If you succeed in getting the demand set aside : you should seek costs from those who served the statutory demand.

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