URGENT HELP NEEDED - Statutory demand

[age9000]

Hi

 

I hope someone can advise on what I can do here

 

a quick rundown is as follows

 

in mid 2004 me and my then wife went to a solicitors and instructed them in adoption matters so I could adopt her daughter

a few months later her natural father applied for contact, a terms and conditions was signed that stated "adoption"

 

my wife went to the same solicitors and said that the adoption was on hold and asked them to deal with the contact matters

 

move on to 2011 and they took us both to court over outstanding bills

they told the court the invoices were for adoption matters, and the judge asked my wife and she said there were no contact matters

I had no proof to show it was for contact and not adoption, so the judge issued a CCJ

 

later that year I sent the solicitors a SAR and they eventuly sent the documents

These document 100% showed that I did not instruct them in contact matters and the invoices were for contact matters

despite what they said to the judge

I wrote to them pointing out this evidence, they replied but made no mention towards the evidence I sent them

so I wrote again saying, they did not reply

 

eventuly after getting no joy direct with them I applied to the court to set-asdie the CCJ

the following day they issued a statutory demand to me, so I also applied to set this aside

 

court hearing was Thursday and their defence was that I should have appealed the CCJ within 28 days

of course I knew nothing of the time limits, so the judge had no option but to dismiss my application to set aside

the judge could not even look or take into account the evidence that clearly showed I did not instruct them and showed

they clearly lied to the court in the original CCJ hearing.

 

the same judge then looked at the stat demand set aside application, and basically as he could not set aside the CCJ he could

not set aside the stat demand

 

so this stat demand is still live and I don't know what to do.

is there anyway to apply for some kind of injunction stopping them from taking further action due to the evidence

that shows I was not liable ?

 

I need to stop the stat demand from doing anything urgently as I understand there is only a short time involved here

I should then be able to sue them for damages caused to me over this

 

I do suffer from various health issues and depression and this could put me over the edge

 

thanks

[AndyOrch]

What date was judgment passed and what date was the Stat Demand issued ?

Did you defend the original claim or was it a default judgment?

 

Regards

 

Andy

[age9000]

CCJ was in april 2011, since then tried to sort out direct with claimant

 

the stat demand was 21 jan 2014 (I think)

 

the hearing to set aside this along with the CCJ was yesterday but judge did not set aside as he could not set aside the CCJ as was too late in applying to set aside CCJ ( a 28 day rule)

 

I had a look on the web this morning and see that if the debt was secured the stat demand could have been set aside because of this

they have a unilateral notice on the property to secure the debt, but I did not put this on my applicaction

 

if that would also set aside the stat demand can I re-apply to set-aside on this point as their demand did not mention the unilateral notice

Edited February 21, 2014 by age9000
typo

[AndyOrch]

Did you defend the initial CCJ ...submit a defence...or was it a Default Judgment?

[age9000]

I did defend the original CCJ

 

prior to the hearing they were ordered to disclose ALL attendance notes

they wrote to the court saying it was impossible as there were too many , but sent the original one saying they were instructed in adoption matters

I said to the judge the invoices related to contact matters, the claimant said adoption and the judge asked my wife who said there were no contact matters

 

as I had no evidence at that time, he had to issue the CCJ, being naïve I did not know I should have appealed in the 28 days

 

following the hearing I got the notes via a SAR and there were 6 in total, so not impossible due to too many as they told the court

 

the evidence I have therefore also shows they lied to the court to get this fraudulent CCJ

[AndyOrch]

Okay many thanks for clarifying that...I just wished to determine the type of judgment.On the initial Order for judgment what were the payment arrangements? ...Forthwith or payment plan ?

[age9000]

thanks for the replies

 

it said forthwith

[AndyOrch]

Okay as the SD was served in Jan 14 it has a life of 4 months for the applicant to issue further proceedings with regards to making you Bankrupt.

As the demand is based on an unsatisfied judgment, the court will not normally set aside the demand until you successfully apply to court to have the judgment set aside.

 

If the deadline for you to apply to have the demand set aside has passed, you may apply for an extension of time to a Judge in the High Court or to a District Judge.

 

As your set a side has failed (on the CCJ) you can now either make further application to set a side the judgment on the basis of the evidence you now hold or appeal the judgment or you can make application to vary the (Judgment) payment to an affordable monthly payment (N245).

 

I know you will think well I'm not paying it but by making this application it in effect renders the SD void.It will also buy you time why you consider whether to make appeal or not.

 

Regards

 

Andy

[age9000]

Hi Andy

 

thanks for your help, I'm a bit confused, sorry, part of the medical problems I have is that I often don't understand things , cant concentrate, and forget quickly.

 

I understood that I cant apply to set aside the CCJ again, as I was told I should have applied within 28 days of it being issued (April 2011)

can you clarify for me please, if I am able to apply again is it also to set aside or is it called something else ? and what basis would they accept as over the 28 days ?

 

If I can apply to set aside the Stat demand again, do I apply on the basis that the alledged debt is secured on the house and therefore security is higher than the claim (claim is for about £1,800)

and also that the CCJ was fraudulent.

 

If you can help how I should word it ? that would be a big help, sorry its a big ask

 

I did go to local CAB and they just told me to look on their advice website

 

I need to get the stat demand stopped somehow and then hopefully can sue them for damages

 

just been to see GP as feeling so low, he has given me some diazepam to take

[AndyOrch]

Hi Andy

 

thanks for your help, I'm a bit confused, sorry, part of the medical problems I have is that I often don't understand things , cant concentrate, and forget quickly.

 

I understood that I cant apply to set aside the CCJ again, as I was told I should have applied within 28 days of it being issued (April 2011)

can you clarify for me please, if I am able to apply again is it also to set aside or is it called something else ? An Appeal and what basis would they accept as over the 28 days ? You can appeal against a county court judgment (CCJ) in the small claims court only if the court made an error in a legal sense or there was a serious irregularity in the court proceedings.

To appeal, one must file a notice of appeal within 21 days or within the limit imposed by the judgment

 

If I can apply to set aside the Stat demand again, do I apply on the basis that the alledged debt is secured on the house and therefore security is higher than the claim (claim is for about £1,800)

and also that the CCJ wasedit.. made in error. You dont need to see above N245.....application to vary a judgment.

 

If you can help how I should word it ? that would be a big help, sorry its a big ask

 

I did go to local CAB and they just told me to look on their advice website

 

I need to get the stat demand stopped somehow and then hopefully can sue them for damages

 

just been to see GP as feeling so low, he has given me some diazepam to take

 

Regards

 

Andy

[age9000]

Thanks Andy

 

so looks like I am out of time with regard to set aside the CCJ

 

Have looked at the n245 , it says about varying payment, as the original order was payment forthwith can I still apply to make small payments

but still left with the option to seek refund from the claimant when I sue them for the fraudulent CCJ, as you said will give me more time

but don't want them then saying that by making payments that I admit to the debt !

 

shall I apply to set aside the stat demand again ? and do so on the basis that its secured and that the CCJ was made in error

and send the documents that prove this with the application ?

 

sorry to be a pain

 

age

[AndyOrch]

Thanks Andy

 

so looks like I am out of time with regard to set aside the CCJ You cant set a side again you can appeal (out of time) different procedure)

 

Have looked at the n245 , it says about varying payment, as the original order was payment forthwith can I still apply to make small payments

but still left with the option to seek refund from the claimant when I sue them for the fraudulent CCJ, as you said will give me more time

but don't want them then saying that by making payments that I admit to the debt ! Precisely

 

shall I apply to set aside the stat demand again ? No need to the N245 voids it as you have in effect made an arrangement to pay and do so on the basis that its secured and that the CCJ was made in error

and send the documents that prove this with the application ? If you do the above you can forget the Stat Demand

 

sorry to be a pain

 

age

 

Andy

[age9000]

thanks Andy

 

think I will let the tablets get to work and have a look though it all tomorrow

 

once I can gets this stopped I shall then sue them and make a donation to the site

 

you have been very helpful

 

 

Age

[AndyOrch]

No problem have a think about it..sleep on it and then decide your next course of action....but the N245 is your priority.

 

Regards

 

Andy

[age9000]

Hi Andy

 

thanks for all your help and advice with this

 

I downloaded the n245 form and presume I need to tick the "reduction in instalment order" as the other option is "suspension of warrant"

as there was not an instalment order before just "payment forthwith" can I still just apply for reduction ?

 

You said that this would stop the Stat demand, does the court then tie this somehow to the stat demand automatically so that if they try and do something with the stat demand

that they are blocked from acting on it, I do not trust this creditor one bit and will try any underhand trick they can.

 

Or would it be best to apply to also set aside the stat demand for a second time (is that allowed ?) , quoting that they already have it secured on property and show the evidence that they obtained the CCJ (Edit) Incorrectly ?

 

am just worried that they still might continue with the stat demand

 

also as they (Edit) incorrectly obtained the CCJ can they be reported to the police ?

 

found this on Wikipedia

"Fraud by false representation" is defined by Section 2 of the Act as a case where a person makes "any representation as to fact or law ... express or implied" which they know to be untrue or misleading.

"Fraud by failing to disclose information" is defined by Section 3 of the Act as a case where a person fails to disclose any information to a third party when they are under a legal duty to disclose such information.

 

I want to hit them with everything possible for what they have done to me and given me years of hell

 

thanks again

 

age

Edited February 22, 2014 by Andyorch
Rmoved allegation

[AndyOrch]

Hi Andy

 

thanks for all your help and advice with this

 

I downloaded the n245 form and presume I need to tick the "reduction in instalment order" as the other option is "suspension of warrant"

as there was not an instalment order before just "payment forthwith" can I still just apply for reduction ? Yes

 

You said that this would stop the Stat demand, does the court then tie this somehow to the stat demand automatically so that if they try and do something with the stat demand

that they are blocked from acting on it, I do not trust this creditor one bit and will try any underhand trick they can. Simply ring them and inform them that you have made application to vary the judgment payment to monthly and have proposed a figure through the court ...they will receive a copy so they are aware that you are trying to agree payment/settlement[/b.

 

Or would it be best to apply to also set aside the stat demand for a second time (is that allowed ?) ,No quoting that they already have it secured on property and show the evidence that they obtained the CCJ(EDIT) incorrectly ? Its only secured if they also have a Charging Order placed on your property....have they executed the judgment?

 

am just worried that they still might continue with the stat demand

 

also as they (Edit) in correctly obtained the CCJ can they be reported to the police ?

 

found this on Wikipedia

"Fraud by false representation" is defined by Section 2 of the Act as a case where a person makes "any representation as to fact or law ... express or implied" which they know to be untrue or misleading.

"Fraud by failing to disclose information" is defined by Section 3 of the Act as a case where a person fails to disclose any information to a third party when they are under a legal duty to disclose such information.

 

I want to hit them with everything possible for what they have done to me and given me years of hell

 

thanks again

 

age

 

The Police will not be interested.... I can assure you.... this is a civil matter, I have had to edit your post above to remove the term.

 

Regards

 

Andy

[age9000]

Thanks Andy

 

and sorry for having to make you edit the post due to the wording

 

its a "unilateral notice" that they placed on the property is that the same thing ?

this was done even before they went to court to get the CCJ

 

since the CCJ was issued in 2011 they have only made the stat demand in Jan this year

[AndyOrch]

Right with you.... then no they should not serve a SD if its already secured by other means on your property.

[age9000]

Thanks Andy

 

don't think anything they do has been correct

 

I wont give up and will get justice in the end

 

is it worth telling them that they issued the Stat demand incorrectly as well ?

 

shame I cant apply to the court again or can I appeal the set aside hearing that was dismissed last Thursday ? that's if there is an appeal process for that

 

Age

[AndyOrch]

You could use it as a valid reason to set a side the demand and not bother with the N245.

 

http://www.landregistry.gov.uk/professional/guides/practice-guide-19

[age9000]

thanks Andy

 

that's sounds great

 

Do I just do a normal application to set aside like I did last time, or does it have to be as an appeal ?

 

cheers

 

age

[AndyOrch]

Normal set a side N244 this time request the costs of the application within your directions.Post up your draft for checking

 

Andy

[age9000]

thanks Andy

 

so I don't use the 6.4 form and the 6.5 statement forms like last time, just do a n244 stating the reasons why the stat demand should be dismissed ?

 

age

[AndyOrch]

No apologies ....yes you use 6.4 & 6.5

 

Did they serve the SD on a 6.2?

 

As the debt is subject to a judgment does the demand say the petition will be presented in the High Court ?, if so you should apply to the High Court.

[age9000]

yes a 6.2

 

it said the "creditor demands that you pay the above debt or SECURE it"

 

as its already secured with the "unilateral charge" should they have either not been able to issue a stat demand altogether

or should it have been a different form they applied with ?

 

the stat demand they issued said that I could apply to the local county court to me

which is where I applied before, but as said above the judge on Thursday dismissed the application to set aside the stat demand ,as the grounds I set

out was that the CCJ should have been set aside , which of course he did not set aside due to being out of time to set aside the CCJ