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On_the_Edge

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  1. What our avenues would the claimant take when i successfully have the stat Demand set aside ?
  2. This is the email they sent. Dear Sir We write with regard to the above hearing and following receipt of your Application to Set Aside the Statutory Demand returnable above. We have considered the contents of the letter you have submitted in support of your Application to Set Aside the Statutory Demand. In view of the issues raised by you we consider that this matter is not suitable for the Bankruptcy Court and should be dealt with by way of County Court proceedings in the event that an amicable resolution cannot be reached. In the circumstances, we would agree to withdraw the Statutory Demand issued against you, subject to each party agreeing to bear their own costs. We enclose herewith a draft Consent Order for your approval and we would request that you please sign and return the same to us, we will then file the document with the Court and request that the hearing listed above be vacated. If you have any queries in regarding this letter please contact the writer.
  3. BY CONSENT it is ordered that:- 1. The Respondent agrees to withdraw the Statutory Demand dated 14 December 2011 issued against the above named Applicant. 2. The hearing listed for 20 February 2012 at 11.30am be vacated. 3. Each party to bear their own costs.
  4. I applied for the stat demand to be set aside. I received a letter from the County Court saying the District Judge will look at this case. OK Thats fine with me. Anyway this tea time i received an email from the Supplier saying they want me a sign a consent form so that the application for setting the demand aside is withdrawn. By the way the consent form is a word document which a 12 year old could knock up. Very professional. It seems clear to me that TP do not want this to go to court. Anybody out there got any thoughts on this ? Apparently there is a court hearing at the end of this month. I have not been notified about this.
  5. Hi All, i have had Travis Perkins advise me there will be a statutory damage issued to me. About the PG i have with them. (apparently) Can anybody out there give me some advise on how to defend this in court ?
  6. Just a thought, is every credit account holding customer at TP aware that they have entered into a personal guarantee ?
  7. Thats correct numbers666. I have 2 other PG's from 2 other builders merchants along the same lines. One of them is a 4 line guarantee and it is binding my estate to the PG. I will fight all 3 in court if i have to. Does anybody have any views on the matter. I was under the impression a PG should be an individual document and witnessed by a legal body. If anybody else out there has a view on this let me know.
  8. Thanks for thoughts. I will seek legal advise on this. It is a cost a could do with out as i am now un-employed. The particular Builders merchants involved have sent me personal letters regarding the PG even though my company was still trading at the time.
  9. Interesting you say that. I am was the sole director. I hold a PG with a bank and its not a 4 line paragraph, more like a 10 page legal document.
  10. he goes. Credit Guarantee - To be signed by the owner / director / company secretary of the company applying for credit in consideration of your agreement to supply goods to the applicant company on credit, we the undersigned being owner / directors of the company jointly and severally guarantee payment of all financial obligations to ************ Company and its subsidiaries and successors including financial obligations arising from any increase in credit limit granted by ********** company or its subsidiaries and successors from time to time following review of the applicant company's account. i Signed and dated this.
  11. Hi All, looking to a bit of advise. My Limited company is now insolvent. I am being per sued personally from a couple of trade creditors. THEY SAY I SIGNED A PERSONAL GUARANTEE WHEN I OPENED A TRADING ACOUNT. I was the managing director and signed the account forms in that capacity. They are pursuing me personally. What do i do and are they right to pursue me ?
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