statutory demand dismissed how to challange

[steveeasy]

Hi,
My partner recieved a stat demand for 46,000 for rent arrears. the demand made a claim that a lease from april 2011-april 2014 had incurred 46,000 arrears.

she requested a hearing to dismiss the demand. she provided bank statements prooveing she had paid all rent during that period.

she then told the judge the arrears claimed related to an earlier lease.

she had a counter claim the landlord committed an act of fraud against her in 2011 for 123,000. she also provided evidence the landlord had waived arrears in the earlier lease.

I had written to the landlord reffering to the arrears without her knowledge.

The judge decided therefore I had acknowledged her arrears dateing back to 2008. he would not even consider her counter claim as it was in 2011.
he simply said you referred to a debt therefore I do not need to consider the counter claim. the landlord obtained funding through my partners businesss and it was for her business. he told her he had given it back when infasct he had kept it. fraud.


he dismissed her application to set asside statitory demand. awarding the creditor 1100 costs.

we had reported three farmers for fraud. a parliamentary investigation upheld our complaint awarding us compensation. our landlord recieved 123,000 to support our business. he then told us he had given it back. we found out a year later he had kept it. Fraud.

the landlord waived our rent arrears in 2008 in an earlier lease to support his application for funding. he lied to us over its existance then claimed the arrears.

can we appeal a judges decision.

If my partner is made bankrupt she cant then even sue the fraudster for a crime that is a criminal act. I thought insolvency was about undisputed debts and therefore I thought the judge would look at it. he said why have you done nothing about it.

any idears would help.

thanks

steveeasy

[MissFM]

Re: statitory demand dismissed how to challange

Hi steveeasy and ,

A truly horrid situation. If you haven;t already browsed this, here's a start:

http://www.judiciary.gov.uk/you-and-...peals-process/

can we appeal a judges decision.

It is notoriously difficult to challenge a judge, however petty and biased the judgment may appear - but there are some very clued up and experienced beagles here who may well be able to help.

I do hope so x

[steveeasy]

Re: statitory demand dismissed how to challange

Hi,
thanks for the advice. we went in to the hearing thinking we had it in the bag. a statutory demand requesting arrears between 2011-2014. we had bank statements proving we had paid all the money, infact could have paid 10,000 to much. not only that we had a counter claim that we had a criminal act of fraud evidenced against us. a parliamentary report upholding a complaint in to graud. a letter from an mp highlighting fraud by our landlord. evidence of such.

I had simply responded to this landlord with an email asking how he expected my partner to repay his claimed debt of 43,000.

the judge thought a little about it, said he did not like wasting court time, asked the creditors solicitor how many days a debtor had to respond to stat demand. he did not know himself. after his decision he did not tell us anything, we came out unsure to the costs awarded to creditor, don't know how long they have to petition for bankruptcy. he was last heard in the room laughting with creditors solicitor.

I am a level headed working class person.

I have found out in the last four years of significant frauds by wealthy farmers involving 100,s000s. not fabricated, but I have a 3 year investigation by phso confirmin fraud in one application. the government let them off 173,000. 70 people went to prison last year in this country for no tv licence.

I can see no reason why a criminal act by our landlord with evidence for 123,000 is not a counter claim valid of consideration. however ive been told yesterday by 2 solicitors its not a counter claim. I suppose its how its presented.

when we finally eradicate stuck up mps and get decent honest representation a government might not cover up such corruption. im going off track.

how about this.
wealthy farmer applies for 400,000 to build office in their garden. its to create 25 new jobs. defra says good value for your money. the applicant provides letter from local business, written from the applicant to the applicant(they wrote it from themselves to themselves) it was their own existing business. they got the money and simply moved their own existing business in there 1/2 mile down road. with your money. fraud in anyones eyes. eu investigated it said it was fraud, defra say no case to answer.
this is what is oing on behind closed doors ive got loads of them. this is why our farmer landlord tried to defraud us,

I think I should try to challenge a judge who seamed not to understand that this hearing was to identify if a real dispute over a debt existed.

steveeasy

[steveeasy]

Re: statitory demand dismissed how to challange

just to add, the creditor provided no evidence they actually were owed the money, a free ticket to money. has anyone else had hearings such as this.

steveeasy

[steveeasy]

Re: statutory demand dismissed how to challange

Hi,
Any feedback appreciated. Ive been to see a good solicitor today. He was shocked the stat demand was not set aside. he said even if a debt existed, it should have been set aside on the grounds of the dispute. referring to the fact a and I quote a word im not sure how to spell, a spon exists in the verble contract we had with our landlord to obtain funding. he said it is a shield type term.

anyone herd of this. incidently ive been told we must appeal the judges decision and it would cost 5,-10,000. probally our entire savings, if successful could claim 60% back from creditor.

again any feedback helpful.

steveeasy

[Amethyst]

Re: statutory demand dismissed how to challange

Hi Steve

I'll try and get someone a bit more knowledgeable on challenging bankruptcy petitions and appealing judge's decisions to take a look, apologies for missing your post up till now.

Sharon
xxx

[Amethyst]

Re: statutory demand dismissed how to challange

A copy of the parlimentary report might be useful here actually if it has been published?

Also the original stat demand and the set aside application you made if possible.

[steveeasy]

Re: statutory demand dismissed how to challange

Hi
can anyone advise how to add attachments.

thanks

steveeasy

[Amethyst]

Re: statutory demand dismissed how to challange

Click Reply, then Go Advanced, then there's a paperclip icon at the top of the text entry bit - have a go there, if not then it's okay to email me and I'll put them up for you x admin@legalbeagles.info

[steveeasy]

Re: statutory demand dismissed how to challange

2. That I (c)

1 do not admit the debt because.
The amounts required to be paid in relation to the leasedated 30^th april 2011 until 30^th april 2014 have beenpaid in full excluding a final payment . See bank statements and paymentschedule. Section 8-9
The final payment has been withheld £2142 due to thelandlords actions in January 2014 breaching his covenants within thelease. In essence his action led to missclark being unable to recover payments by herclients.

1 do not admit the debt because.
The amounts required to be paid by the grazing licenses for1^st april 2012 and 1^st april 2013 have been paid in full.See bank statements and payment schedules section 8-9

Additionally Miss clark did not agree or was it understood she would pay anadditional £918 for grazing from 1^st april 2014 until 30^thapril 2014..


(6) “Have a counter-claim (or set-off or crossdemand) for £123,000 being a sum equal to (or exceeding) the claim inrespect of”
The landlord commited an act of fraud in 2011against the debtor. The debtor spent fouryears jointly preparing and supporting an application for funding with thedebtor. At considerable effort andexpense to the debtor. The debtor prepared the applications, funded advice anddrawings, funded 50% planning fees, obtained regeneration funding. The landlord signed and accepted 123,000 inOctober 2010. He then notified the debtor he did not want it and had given itback. In November 2011 by chance the debtor was notified in London by seniorofficials he never had and had kept it. This award was for miss clarksbusiness and her responsibilities in terms of outputs.
Attached are preliminary evidence to support this.See 6-7. FOI requests have been made toobtain further evidence. It was a fraudulent act to deceive for financial gain.
The landlord was in essence made to hand back thefunding. This lead to the currentsituation. The counter claim exceeds anyclaims by the creditor and should be determined in a court.

(6) “Have a counter-claim (or set-off or crossdemand) for £1400
The creditor connect to the debtors own electricitysupply in in 2011 without any notice or request to supply his pump to fill areservoir. This was charged to thedebtor and she had to pay the entire debt for his actions. This evidence is being obtained from theelectricity company. This unfortunatelywas another act by the landlord to deceive miss clark and was an act of fraudas miss clark sees it. The landlord atthe time thought it amusing.

The Above are serious claims by Miss Clark and areextremely valid. Miss clarkhas brought this to the courts attention fully aware this is under a statementof truth. Miss clark has attachedfurther information. See section 6. Missclark would like to draw to the attention to the court that no communicationhas been attempted by the landlord, since march 2014 regarding his claims norprior to this date other than a letter dated 16^th September 2014with an attached statutory demand.
MissClark believed and acted as if she had a good relationship with thelandlord. He is fully aware how to contact her, has telephone details and emailaddresses. His actions have demonstratedan arrogance miss clark is simply disappointed to have been dealt on her.

A three year investigation in to funding involvingthe landlords agents and another farming business was completed in 2014. This fully upheld miss clarks complaint. It is a very concerning series of events andsection 6 and 7 reflect the nature of the issues.

Miss Clark has a further counter claim towards thelandlords, but given the above , this has not been added to avoid confusion.Miss clark requests thecourt set aside the statutory demand on the above evidence or provide a hearingdate. Miss clark apologises for the detail provided.

[steveeasy]

Re: statutory demand dismissed how to challange

Hi,

I don't have a copy of stat demand to hand. however it simply referred to a lease dated april 2011- april 2014. it then simply stated rent arrears of 43,000. we provided bank statements prooveing we had paid every penny.

Ive copied above the application to set aside.


the landlord was making a claim to arrears dateing back to 2007 in an earlier lease.


this debt was never requested until april 2014. I sent an email to the landlord asking how he expected my partner to repay 43,000 when he had just ended her lease.


the judge deamed my email to be an acceptance of earlier arrears.


he would not consider the counter claim as we had not pursued it since 2013. but he accepted arrears from a lease not even included in the stat demand.

[Amethyst]

Re: statutory demand dismissed how to challange

As per what your solicitor said, that should have gone to a court claim and is entirely inappropriate for a Statutory Demand.

[steveeasy]

Re: statutory demand dismissed how to challange

Further info,

we provided letters from MPs reffering to the landlords fraud. we provided letters to monisters from mp highlighting the serious nature of events.

funny enough ive been trying to report the fraud for 3 whole years. due to a government department cover up ive simply been unable to expose a criminal act. I understand this seams quite complex, I believe a lot of people would be shocked to know what is actually going on with taxpayers money(our money). most of us get prosecuted for trivial crimes. I ve got evidence of massive fraud cases that simply are not even considered by the police as im not the victim. the department who knows about them wont report them, they are covering up some of the wealthiest people in the country. its corruption.


Ive been told today, if I don't get this set aside, we will loose any legal right to even take action for fraud. for A JUDGE TO SAY IT WAS NOT A DISPUTED DEBT AND NOT CONSIDER THE COUNTER CLAIM is an injustice.

what chance to any of us stand. good luck to anyone who is fighting against a justice system ill set up for the everyday man or woman.

steveasy

[steveeasy]

Re: statutory demand dismissed how to challange

Hi,
thanks for the response. not sure if you meant it should have been set asside, or if it was not a suitable counter claim.

thanks

steveeasy

[Amethyst]

Re: statutory demand dismissed how to challange

Sorry, I meant you are right, it should have been set aside.