Tweet
I recently received a statutory demand for just over £8500. I have applied to the court to have this set-aside and a hearing date has been set for this Monday the 18th of March. In brief, I sold a horsebox for £7500 by way of my sole trader business. The buyer wasn't happy with the item and I agreed to purchase the vehicle back at £5k. It was agreed I would pay the £5k back at £100 per week. This I did till the outstanding balance reduced to £3400. I did miss a lot of payments put overall kept to the agreement. At this point, the amounts Id paid were disputed with the client and his father who had taken over the day to day dealings. I received one figure outstanding from the client and then a totally different figure from his father. I then received an email from the father that the son was making deductions from my payments for reasons unknown. I queried this asking why and no explanation was given. I then informed the client that until we could agree on the figures and a satisfactory explanation was given why deductions were being made from my payments (all proven via emails) I wouldn't be making any further payments, no reply was received.
The sale was in 2014 payments were made up to 2016 then I stopped payments for reasons explained above. Next contact was via the statutory demand in January 2019. Their solicitors are of the opinion because I have admitted the dept just not the amount the SD will not be set aside. I have admitted £3400 outstanding, not the whole amount.
The £8500 is made up of claimed additional costs (not legal costs) which I don't agree with, no evidence of these costs has ever been provided and seem just random figures produced out of thin air to get the amount over the 5k bankruptcy threshold.
My main questions are as follows:
Because I've admitted owing part of the debt which is below 5k can the SD proceed?
Should this have been in the County Court first for a judge to decide on the correct amount owing prior to the SD being issued.
Any help would be greatly appreciated as I'm attending the hearing without legal representation and its 3 days away.
The sale was in 2014 payments were made up to 2016 then I stopped payments for reasons explained above. Next contact was via the statutory demand in January 2019. Their solicitors are of the opinion because I have admitted the dept just not the amount the SD will not be set aside. I have admitted £3400 outstanding, not the whole amount.
The £8500 is made up of claimed additional costs (not legal costs) which I don't agree with, no evidence of these costs has ever been provided and seem just random figures produced out of thin air to get the amount over the 5k bankruptcy threshold.
My main questions are as follows:
Because I've admitted owing part of the debt which is below 5k can the SD proceed?
Should this have been in the County Court first for a judge to decide on the correct amount owing prior to the SD being issued.
Any help would be greatly appreciated as I'm attending the hearing without legal representation and its 3 days away.
Comment