Can they make me bankrupt?

grocerjack

grocerjack wrote: »

Hi Everyone

I was due to appear in court today for the set aside meeting, however late last night my solicitor rang me to say that the other party had agreed to allow the judge to set aside the SD, and something about a consent order. Also they will listen to any claim for costs and something to do with costs being assessed by the judge. She has also said I do not need to attend today.

In typical solicitor mode (it was a voice message) it was quite monotone in nature so I can't tell if its good news or not....although it sounds like the others have backed down if they've agreed to the set aside. If the SD is set aside does that mean it's over and I can start to live again without this hanging over me?

Any advice or comment is appreciated

I have spoken to solicitor now, and this is good news...it's the first battle. The consent order is so the judge can agree that the other party has consented to the set aside. The costs will be assessed based on the submission of my solicitor. I am adamant these should be refunded as it seems desperately unfair that anyone can issue an SD and then you have to pay to defend yourself without recompense.

Apprently the next step is that they will now discuss whther further proceedings should continue, bujt as they have effectively stood down on the SD this implies they know they would lose......they may back down altogether now. My solicitor is confident, as is counsel, that my case is rock solid and that they now know this.

Will update if necessary as it may help others being 'terrorised' by arbitrarily issued SD's.

debtinfo

That is good news, As with any debt, if they think that you owe it then they could bring proceedings later but they would have to of course prove the debt, now in some cases they just withdraw the SD to make sure that they get all their ducks in a row and give it another go later but in your case it seems that the claim was very flimsy in the first place so hopefully hat will be the end of the matter,, except your costs of course