Statutory demand includes 6.5 yo CCJ

[Deleted User]

You won't get a CCJ that you have been paying off set-aside.

On what grounds are you looking to get it set-aside?

Willing2Learn

!!! wrote: »

You won't get a CCJ that you have been paying off set-aside.

On what grounds are you looking to get it set-aside?

A statutory demand can be set aside on the following grounds:

• You have a claim against the creditor which is equal to, or more than, the debt.
• The debt is secured against property that is worth the same, or more than, the debt. (Your creditor does not have to accept an offer to secure the debt.)
• The whole debt, or the unsecured part of the debt, is below £5,000.
• The debt is disputed and the court believes there are reasonable grounds for dispute. This might include where the creditor has waited too long to pursue the debt, or the debt is regulated by the Consumer Credit Act 1974 and there is no signed agreement.
• The court is satisfied on some other grounds that the demand ought to be set aside. This could include when the debt is subject to a court judgment with instalments and you have kept up with the payments under the instalment order. It is up to the court whether to accept your application if you use this ground.

I don't know the OPs circumstances. I'm just saying it can be set aside if certain grounds are met..

MarkMason_2

To be set aside on the grounds as noted above "normally a creditor has 6 years to enforce the judgement, if they fail to do so, they must go back to court and seek permission of the court to continue enforcement action."

Since I have been paying and the creditor's chosen enforcement action has been applied it would be prejudicial to continue enforcement action against me unless there are extenuating factors. No application has been made by the creditor to continue further enforcement action, which would be necessary before lodging a statutory demand and petition for bankruptcy?

Thank you Willing2Learn for the link

[Deleted User]

MarkMason wrote: »

To be set aside on the grounds as noted above "normally a creditor has 6 years to enforce the judgement, if they fail to do so, they must go back to court and seek permission of the court to continue enforcement action."

They need to fail to enforce.

MarkMason wrote: »

Since I have been paying and the creditor's chosen enforcement action has been applied

They didn't fail to enforce.

[Deleted User]

That doesn't apply.

TL;DR - you owe the money, pay what is due.

Willing2Learn

@OP

I have seen nothing in your posts so far, to show that you have grounds for the statutory demand to be set aside.

MarkMason_2

Now I think I understand. I was unclear on the term 'enforcement'. While the debt of course still exists, the creditor can no longer take enforcement action. The statutory demand not being a form of enforcement but a separate process.

National_Debtline

Hi MarkMason,


Under Civil Procedural Rule 83.2 (3) (a) it says that permission of the court is required to issue a warrant where 6 years have passed since the date of the judgment. Otherwise, no permission appears to be necessary, and although the creditor can use bankruptcy as enforcement they seem to be approaching it as a separate process (as you say) by issuing the statutory demand.


You have 18 days to apply to set aside a statutory demand or 21 days to negotiate to stop it. I think going forward it is important to focus on whether or not you want to try and stop the bankruptcy. Can you confirm how much is owed, and whether or not you have any assets?


You can be declared bankrupt if you owe in excess of £5000, so if you want to stop the bankruptcy you could try and reduce the debt below £5000 if you are unable to negotiate monthly payments with the creditor. If you have any assets, such as property, savings, vehicles etc then these can be at risk in bankruptcy.


As there are a lot of factors to consider in a situation like this, you may find it easier to contact one of the free debt charities for more personalised advice.


Laura
@natdebtline

MarkMason_2

The debt totals around 19000 and goes back to a default when I lost my job and career ended in 2006.

I have no assets at all other than van and tools as I am self-employed now, and in some ways I have considered that BR might be the best way to finally put it behind me, and if a creditor were to be paying for the process then it makes it slightly more attractive...

In any event, I am going for legal advice on Monday, I am going to make the creditor an offer, and I have two weeks to respond.

Thanks everyone for all the advice, it has cleared my mind on some of the basics.

[Deleted User]

Regardless of the default date if you’ve been making payments then you’ve been acknowledging the debt therefore they can apply for a CCJ