Statutort Demand Dismissed??????

fatbelly

pinkjaney wrote: »

The application to be set aside the statutory demand is dismissed and the applicant shall pay costs of this application in the sum of £99.88 by 3.8.10

Court fees are always paid up-front. There should be no fee for requesting set-aside provided it is done within the timescale on the original SD.

It sounds to me as if Lowell's rep turned up and requested costs. As your husband didn't attend, the judge awarded them.

So this adds £99.88 to the amount owed to Lowell. If I'm right the court should confirm this.

I still think it's unlikely that they would petition as that involves even more costs for them and there's no guarantee they would get even a fraction of the money back.

RAS

pinkjaney wrote: »

the amount was £1600, dont have a problem if they want to make him bankrupt as long as it covers all his debt

In which case I do not understand why he went for a set aside?

What does he want to do, go BR or fight his creditors?

dantheman2010

I didnt read the above bit, why did you file an application to set aside the statutory demand? If he doesnt mind going bankrupt then they would have just done it, and once your bankrupt, all your creditors will be informed, you wouldnt go bankrupt for just this one debt, obviously they could only make you bankrupt for their debt, but once your bankrupt you are bankrupt, there is nothing any other creditor can do to you. It wouldnt be worthwhile them persuing you. You shouldnt have bothered applying to set it aside. Now they still have a valid stat d, let them make him bankrupt.

Marisco

And if he doesn't want to be made bankrupt, then do as dantheman suggests and write to them offering them a payment plan, even if its only £5pm.

pinkjaney

he wanted in set aside cause he wanted them to prove the debt and he thought that was the best course of action.

Another question on the paperwork which is meant to have come from Capital One it states he was charged PPI. Can he reclaim that or get it deducted from his balance

RAS

Yes

but what is the point if he wants to go bankrupt?

Fribourg

Marisco wrote: »

even if its only £5pm.

Well, I had the same problem with them, Lowell, I offered about 15 quid a month, they didn't want to accept that, they said is 43 quid, or we make you bankrupt, so no choice for me at the time, so paid 43 a month, with a lot of problems, I'm in the process to ask them for a SAR, once I get that back I will decide how I do approach the case.

pinkjaney

well he does not really want to go bankrupt but as he is in a temporary job and could get laid off anytime they can do want they like if they want to make him bankrupt then carry on then at least the rest of his debt is wiped too. House is rented in my name not his all contents of house in my name, joint bank acct (with nothing in it) even car in my name not his. No savings or anything like that so they cant send baliffs cause he has nothing. So i dont know what options they think they have. He could offer them £5 a month others have accepted that.

What do you think??????

pinkjaney

By the way was the CCA legal???????????????

RAS

pinkjaney wrote: »

well he does not really want to go bankrupt but as he is in a temporary job and could get laid off anytime they can do want they like if they want to make him bankrupt then carry on then at least the rest of his debt is wiped too.

House is rented in my name not his all - good

contents of house in my name, good

joint bank acct (with nothing in it) close this and oen accounts in your sole names - his Sd will be wrecking your credit rating

even car in my name not his. Good

No savings or anything like that so they cant send baliffs cause he has nothing.

So i dont know what options they think they have. - this is as an empty threat.

He could offer them £5 a month others have accepted that. - can he even afford that?

What do you think??????

well there is a cracking letter here somewhere from an OP advising his credotr that he would really really please like the creditor to make him BR as he has nothing and has no income and cannot afford the BR fees. They did nto make him BR.

The SD is only valid for a few months anyway.