Paying a CCJ but now threatened with a Statutory Demand. Why? Help, please.

[Goldie]

Re: Paying a CCJ but now threatened with a Statutory Demand. Why? Help, please.

You probably mean the CLAIMANT here since you would have been the defendant.

Creditors don't normally set out to destroy people's careers, that sounds more like the kind of behaviour you could expect from personal enemies such as exes, former business partners, disgruntled employees, etc. but not creditors.

Creditors are only after one thing: money. They may *threaten* bankruptcy as a way to push you to pay more, but it would serve no purpose for them to destroy your career, since that would leave you without the means to pay them back! In most cases, they would be after your assets, such as any equity in your home, rather than your career.

Do they even know you are an accountant? :noidea:

Are they actually asking you to increase payments?

I am the claimant.
The defendant's solicitors are not asking me to increase payments, just threatening me with a statutory demand.
The history is -
1.I took a civil case against the defendant (who does know I am an accountant) because of his harassment of me.
2. I suffered health wise and decided to stop the case and informed all parties by letter.
3. However, I should have informed all parties by an N279 and didn't attend a hearing that was scheduled, because I believed I had "struck out" the proceedings via my letter. (I was wrong).
4. In my absence at the hearing, £2k legal costs were awarded against me.
4a. At a subsequent hearing, I was ordered to pay £1 per month.
I have no assets (just 4k debts, including the CCJ) and when I spoke on the phone to the defendant's solicitor, he said he was no longer pursuing bailiffs but that he was instead pursuing a statutory demand
5. I have received no letter from the defendant's solicitor to date that he will pursue this action.
My opinion is that the defendant's solicitor is under instruction from his client to make a "last gasp" effort to completely destroy my accountancy career (which will happen if it escalates from a CCJ to bankruptcy), as his client knows I have no money and wrongly believes that my parents / friends will bail me out and pay my debt to save my career. My career is already ruined by the CCJ so bankruptcy won't change a thing. Please advise. Thank you.

[FlamingParrot]

Re: Paying a CCJ but now threatened with a Statutory Demand. Why? Help, please.

I am the claimant.
The defendant's solicitors are not asking me to increase payments, just threatening me with a statutory demand.
The history is -
1.I took a civil case against the defendant (who does know I am an accountant) because of his harassment of me.

I realise that now I've read your other thread.

Having everything on one thread tends to make things easier to follow.

2. I suffered health wise and decided to stop the case and informed all parties by letter.
3. However, I should have informed all parties by an N279 and didn't attend a hearing that was scheduled, because I believed I had "struck out" the proceedings via my letter. (I was wrong).
4. In my absence at the hearing, £2k legal costs were awarded against me.

I know someone else in a similar situation, only they did have a Tomlin Order drawn up before judgment was entered.

4a. At a subsequent hearing, I was ordered to pay £1 per month.
I have no assets (just 4k debts, including the CCJ) and when I spoke on the phone to the defendant's solicitor, he said he was no longer pursuing bailiffs but that he was instead pursuing a statutory demand
5. I have received no letter from the defendant's solicitor to date that he will pursue this action.

You're still not saying whether they are actually asking you to increase your payments, which would be the most obvious reason to threaten BR.

If they were to issue you with a SD, you should know that Cel, one of the site owners, has an excellent track record of getting them set aside, :yo: :yo: :yo: however, that's a bridge to be crossed if and when you get to it.

My opinion is that the defendant's solicitor is under instruction from his client to make a "last gasp" effort to completely destroy my accountancy career (which will happen if it escalates from a CCJ to bankruptcy), as his client knows I have no money and wrongly believes that my parents / friends will bail me out and pay my debt to save my career. My career is already ruined by the CCJ so bankruptcy won't change a thing. Please advise. Thank you.

I've not advised but have posted a suggestion above. :thumb:

[Goldie]

Re: Paying a CCJ but now threatened with a Statutory Demand. Why? Help, please.

They are not asking for increased payments. But His solicitor rang me just now and said he would now start proceedings against me. I told him I was taking legal advice. I will check out your reference. It just seems spiteful to me, what their solicitor is doing.
Please can the administrator forward these posts to my other thread, to make things easier? Thanks
http://www.legalbeagles.info/forums/...478#post432478

[Goldie]

Re: Threatened with statutory demand which could ruin my career. Please help

In your initial post you say the court agreed a £1 payment, is there no record of this, and was this a result of a means statement ?

After the initial N24, I applied for suspension of the warrant. However, at the hearing for it, where I represented myself, I was instructed to pay £1 per month, based on my income and expenditure.
The solicitor just rang me now and said he was starting proceedings for a statutory demand
Will I have to pay for the letter he sends out if I don't win the petition?

[Guest]

Re: Paying a CCJ but now threatened with a Statutory Demand. Why? Help, please.

Sorry wrong thread

Apologies

[Guest]

Re: Threatened with statutory demand which could ruin my career. Please help

After the initial N24, I applied for suspension of the warrant. However, at the hearing for it, where I represented myself, I was instructed to pay £1 per month, based on my income and expenditure.
The solicitor just rang me now and said he was starting proceedings for a statutory demand
Will I have to pay for the letter he sends out if I don't win the petition?

There is no fee for an SD, only if they apply for the petition. All costs will be included within the order by the official receiver, so I wold not worry about it. It is easy to send out an SD, not so to get the get the petition through.

If and when you get the SD I would contact Celestine on here, she has some experience, in seeing these off I believe.

[Amethyst]

Re: Threatened with statutory demand which could ruin my career. Please help

The exact wording of the N24 is
"
1.The proceedings are struck out
2. The claimant do pay the Defendant's costs assessed at £2K
"
The defendant was harassing me and I took him to court, representing myself, but I had two ischemic attacks (mini strokes) in the meantime.
I then decided my health was more important than the harassment claim. I wrote a letter to all parties saying I was stopping the civil case. Unfortunately, what I did was not protocol - I should have informed the parties by an official form...hence the £2k costs.
I thought I knew how CCJs work.... (N1, N9's, hence giving you the opportunity to defend or pay), otherwise your credit rating is ruined / career ruined -(as is mine from the CCJ....as i am an accountant)
If I had known it was a CCJ, being honest, friends/ family would have paid the costs on my behalf.
Should I apply for a Tomlin Order, do you think?...I know only the very basics of the law..
Thank you for your help.

So the Stat Demand is aimed at making you pay the costs as ordered by the court. At the suspension of warrant hearing where you were ordered to pay £1 a month - do you have a copy of that order and did you make the payments ?

Making the payments as ordered by the court is a good reason for a stat demand to be set aside.

[Goldie]

Re: Paying a CCJ but now threatened with a Statutory Demand. Why? Help, please.

The new thread for continuation of this matter is
http://www.legalbeagles.info/forums/...478#post432478
where I would be very grateful to continue receiving your great advice. Thank you........


THREADS MERGED SO ALL ON THIS THREAD

[Goldie]

Re: Threatened with statutory demand which could ruin my career. Please help

Re Amethyst's most recent post -
Darn it - I was due to pay the first £1 of the revised court order before 9 April but I didn't pay on the grounds that I believed the CCJ should be set aside - though I did write to his solicitor and informed him of this. I thought that paying towards a CCJ was implicit recognition that one believes in its validity....and I didn't.
The exact wording is -
"It is ordered that the claimant to pay the debt at the rate of £1 a month
Dated 26 March 2014". The date in the top left hand corner of the N24 is different - 9 April 2014.

[Amethyst]

Re: Threatened with statutory demand which could ruin my career. Please help

Darn it - I was due to pay the first £1 of the revised court order before 9 April but I didn't pay on the grounds that I believed the CCJ should be set aside - though I did write to his solicitor and informed him of this. I thought that paying towards a CCJ was implicit recognition that one believes in its validity....and I didn't.
The exact wording is -
"It is ordered that the claimant to pay the debt at the rate of £1 a month
Dated 26 March 2014". The date in the top left hand corner of the N24 is different - 9 April 2014.

Okay what letter did you send to the solicitor?

What reasons do you have for setting aside the costs order made by the court ?

As I can make out you bought a claim against the defendant for harrassment, it got struck out, and ordered you pay the defendant's costs.

So to look at the set-aside we need to go back to the beginning - what was your claim, how much for, and what were your particulars of claim, and had they entered a defence?

[Goldie]

Re: Paying a CCJ but now threatened with a Statutory Demand. Why? Help, please.

I thank all of you for your responses so far. Tomorrow I will give a summary of the situation and respond to outstanding questions that have been asked. You have NO idea how much this site is helping me. Thank you so much. it's the only support I get, seriously.

[Goldie]

Re: Paying a CCJ but now threatened with a Statutory Demand. Why? Help, please.

Thank you all for your responses. I will summarise the situation and answer all queries tomorrow. I am very grateful for this website...you really have no idea how much so!!

[Amethyst]

Re: Paying a CCJ but now threatened with a Statutory Demand. Why? Help, please.

Thank you. We will need the full story to figure out what is the best course of action for you to take. It sounds as though the defendant asked for a wasted costs order and to be awarded as a substantial amount as £2k it sounds like the claim you made was quite large, so it may seem like we are being nosey but we need to know the background to the current situation to know where to go next. Talk tomorrow.

[Goldie]

Re: Paying a CCJ but now threatened with a Statutory Demand. Why? Help, please.

Hi. There have been many developments today and I shall summarise the situation tomorrow. Thanks to you all for your responses. My head's swimming but I will clarify everything tomorrow morning.
Thank you all so much for your responses so far.
I'm an accountant (and was representing myself) and out of my depth. I know this now...I was naive...but that is no excuse in law !!!

[Goldie]

Re: Paying a CCJ but now threatened with a Statutory Demand. Why? Help, please.

Thanks all for your help so far. I will post a summary of events in the next hour which have happened to my "friend" and would continue to be very appreciative of your "opinion" in relation thereto. Thanks, all