Harwood/Redwood CCJ/CO - £18k unpaid school fees

[inabind]

I received a bankruptcy petition for unpaid school fees on Saturday.

 

The debt is from 2015. There is a charging order on our property.

 

We have been paying £100 per month since Jan 2017.

 

I have tried to contact step change for advice. They will be open tomorrow.

 

In the interim I have a question. Can a creditor with a secured debt petition for bankruptcy?

[fkofilee]

Is this anything to do with your existing threads? 

Are you still paying at the moment per month? 

[inabind]

Yes to both questions.

 

[fkofilee]

Has a judge ordered this payment arrangement or has it been made informally? 

[inabind]

 

We wrote to them offering to pay £100 per month and they refused saying they wanted £1700/per month.

 

We started paying what we could afford which is £100.

There isn't an order from the judge to this effect.

[fkofilee]

Okay - Is that after an Income & Expenditure? 

Have you defaulted on said payment arrangement?

[inabind]

Yes we attached an I&E form to the offer letter.

 

No we have been paying every month. We have not defaulted.

[fkofilee]

Okay - So you have recieved a Bankruptcy Petition. Gimme 5 mins - Your thread is going to move shortly.

 

[fkofilee]

Read Here - 

 

It will help you

 

[dx100uk]

it this your harwoords redwoods school fees CO?

and is this your ONLY CO?

[AndyOrch]

Responding to your PM

 

If the Statutory Demand follows a Judgment given by the Court, then it may be difficult to challenge the validity of the Statutory Demand even if the Judgment was obtained by default.

A Statutory Demand can be used as an alternative to commencing proceedings through the Court, or it may be used as a method of enforcement for a creditor who already has a Judgment which has been unpaid.

However should you be served with a Statutory Demand it may be possible to set a side on the basis that  the court is satisfied that the value of the security (IE the Charging Order already in place) equals or exceeds the full amount of the debt;

 

Regards

Andy