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Withdrawn Bankruptcy petition -can I claim costs?
ajbisgr8
Posts: 176 Forumite
My husband was served a statutory demand for a rather spurious debt. Despite us trying to explain that it wasn't due, the other party pressed ahead regardless. We engaged a solicitor to respond to the statutory demand, but ran out of money once this was dealt with and tried to sort it out on our own. Eventually, once the bankruptcy hearing was listed the other side decided to withdraw the petition (although nothing had changed from when they issed the stat demand). So my question is, can we claim back our sol;icitors costs for fighting the stat demand? On the form that we signed to say that the withdrawal was 'by mutual consent' it also said 'there be no order as to costs'. Does this mean that we cant claim our costs back? Any help gratefully accepted (CAB wont help us as it is a business debt).
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You could have claimed costs, but why did you agree to "mutual consent" when they withdrew their application?Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
we thought the only other alternative would be that we didn't consent and therefore it would have to go to a hearing.0
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If a direction has been given that 'there be no order as to costs' then I doubt you'll be able to recover any costs.Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
Foolishly when we agreed we thought that this just meant that there be no bankruptcy order for the costs - not that there be no order as to costs, ever. Oh well.0
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Do you have written confirmation from the court, the claimant has withdrawn the petition?Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
I have a copy of the consent order stamped by the court0
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OK, ring the court tomorrow, speak to the court "Manager" and confirm whether you can make a claim for costs.
Come back for further advice.Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0 -
If the court manager says I can claim, should I get this in writing?0
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Yes, you must have it in writing to save any confusion.
DON'T issue a claim until you have written confirmation.Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0
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