statutory demand dismissed how to challange

[steveeasy]

Re: statutory demand dismissed how to challange

Okay. What will happen now is the Landlord will need to petition for bankruptcy against you, which will get a hearing date, and you can file an objection to bankruptcy at least 14 days before the hearing. Unfortunately there is no real timescale by which the petition for bankruptcy needs to be brought so it could be hanging over you for a little while.

It isn't advised to try and appeal the decision from the setaside hearing

In between times it is a good idea to try and engage with the landlord to find a mutually acceptable way around this, although I'm guessing that's not really going to be possible, you should try so you can show the court you made attempts to resolve matters.

many thanks for this. I was a little confused. I was under the assumption the date my partner was/or could be served with petition had to be fourteen days before the hearing date. to appeal this a 6.19 form need to be submitted to the court at least five days before hearing date.

Also although advised not to, ive filled in a N1 claim form and will take this to court on Monday and submit a claim on the landlords for the damages as set out on the form. I cant take legal advice on this, firms just tell me to take out injunctions for 1,000s or spend 10,000 on appeals. surely lodgeing a formal claim in court, paying the fees and it being served with a witness statement that is such under oath I believe as a statement of truth must be evidence of a counter claim.


steveeasy

[steveeasy]

Re: statutory demand dismissed how to challange

hi,
I have tried to mediate with the landlords solicitor without fueling the fire. the police have agreed to look at the issues, so before passing them on I did say it may be beneficial to both parties to draw a line under the issue. I was accused of lieing and told id have to prove fraud. at that point I simply pointed out if the police investigated it id have to prove nothing. However if criminal crimes have taken place dhould I morally do a deal this is where the police let me down because itd rather pursue the issue in a court.

but the judge does not want to give us the option.

steveeasy

[stevemLS]

Re: statutory demand dismissed how to challange

For what it's worth I would fear that a claim issued in these circumstances would be struck out as an abuse of process.

[steveeasy]

Re: statutory demand dismissed how to challange

Hi,
you might be right, but would it be an abuse. what is the right time?. surely if you have a claim with evidence is it not the right place to hear it in a court. clearly the place is not in a hearing regarding a stat demand. if it is deemed an abuse, it would be an injustice. I would suggest if anyone submitted a claim om unsubstantiated circumstances then that would be an abuse.

steveeasy

[Amethyst]

Re: statutory demand dismissed how to challange

What are you claiming though ?

The money was applied for by the landlord and your other half, it was awarded to them for a purpose, the money wasn't used for that purpose as the landlord nicked off with it, it was returned? to DEFRA? .... what is your counterclaim for ?

That HAS to be clear. The court MAY see it as you haven't lost £123k, the grant was awarded and then withdrawn.

( ps. I'm just trying to make sure you have the right arguments in place by playing devils advocate a bit ok)

[steveeasy]

Re: statutory demand dismissed how to challange

Hi,
no you are being very helpful. Im going to claim the minimum or my partner is going to claim the minimum for her loses as a result of the landlords act of deceit to the detriment of my partner.
she entered in to an partnership with the landlord to obtain funding that was mutually beneficial to each party. his actions were to the detriment of my partner and her business and to the benefit of himself. id like to clarify my partner did this honest application to build a sustainable facility used by a wide and diverse customer. none elitist that the every day person can use. it was to benifit people for years. the landlord did it only to obtain a financial asset, his justification in the application was to support my partner and her employess and to create 4 new jobs. he must have forgotton when he signed it. god it really hits home the crime.

for three- four years staff were employed to support an application primarily focused on supporting existing and new jobs.

therefore a proportion of those costs.? ?
my partners time in preparing the following

an outline application. ?
a full application that took over a year ?
preperation of significant planning application
obtaining a regeneration grant to fund planning application ?
work involved in forecasts for five years. ?
time in obtaining significant qoutations
Meetings numerous

Oh the agreement that if the award was granted a new 15 year lease would be provided. it was in the application.

But it does not stop there. this application for funding was not solely about us or the landlord. it was about supporting riders, clubs, a shop, customers. most of which contributed to the application. all those equally deserved to know what happened to an award they supported.

Injustice. defra should have jumped on him, no just asked for the award back, he did nothing wrong. the police should have looked at it straight away. But they did not take it seriously. But you have the parliamentary report, it tells you they covered another one up. I think I should let you see a letter to Owen patterson. his department are accused of whitehall wash and corruption,

what this landlor did was worse than the ceo of the priory, he abused funds. the landlord misslead a number of people by am I right a fraudulent act. its a criminal act.

never a quick reply

steveeasy

[steveeasy]

Re: statutory demand dismissed how to challange

Hi,
the thing is this all happened in 2007-2010, when the arrears built up. when we were told the funding had been given back we laid of staff and focused on revenue only. bottom line makeing money. we paid all the rent 2011-2014. that s why we told the judge we had paid what was demanded in the state demand. she had paid it all and provided a bank statement with each payment on.

this is why it should be held in a court.

steveeasy

[steveeasy]

Re: statutory demand dismissed how to challange

Letter to DEFRA.pdf


read this to see how certain people in society are treated shall we say less harsh, while the every day person would have been put behind bars.

[steveeasy]

Re: statutory demand dismissed how to challange

Letter to DEFRA.pdfclick this to see how another person who was found to have commited a crime was not prosecuted but also let of 173,000.

justice or not.

steveeasy

[righty]

Re: statutory demand dismissed how to challange

As Ame has suggested I too think you need to sit back for a moment and take stock of what your doing. As has been pointed out if the farmer returned the money I doubt there's a case for fraud and even if there is as the funds have been recovered I doubt the authorities would now want to do anything.
My advice is that painful though it may be you forget the fraud aspect and concentrate on your money losses and obtain witness statements that support the argument that you have lost money and to what extent that loss has been. I do feel that if you put the fraud aspect behind you (for the time being at least) you'll have a clearer vision of whats needed to go forward

[steveeasy]

Re: statutory demand dismissed how to challange

Hi,
Good advice, thank you. not sure how to put that in to practice though. I thought the fraud aspect was towards us. he mislead us. The only loses we believe we have sustained are those incurred during the application process. I did list them in a previous post. defra made him give it back or use it for its purpose. I have it in writing he would not use it because oF THE COMPLAINT REGARDING THE PARLIAMENTARY INVESTIGATION. its about agents and upsetting an apple cart.

To go forward I should have made a claim for loses when we found out. the trouble it was our landlord. when we left we decided to move on. 6 months later a judge tells us we have done nothing about it. I cant simply submit a claim in the court as ive not followed protocol.

I have a family to consider with little funds so I cant fund a legal claim anyway without gambling and im not going to do that. I think I set out an accurate counterclaim for the judge at the application to set asside the stat demand. He thought it unconvincing. perhaps he would have liked to spend three or four years doing all the work we did and to be told the funding had been given back, when indeed it had not. he may well have felt defrauded and have believed the counter claim was valid.

Why would a former landlord try to bankrupt someone with nothing ?. the bigger picture is we now operate a business in the same market as the former one. we are now a competitor. he does not like this. perhaps hed like to see it closed down. perhaps thier is far more to this than a debt.

thanks

steveeasy

[steveeasy]

Re: statutory demand dismissed how to challange

Hi,
I would like to clarify, The help on the forum is brilliant not just for me but every single person who looks for guidance. anyone who provides time and effort, A thank you.
I have personally taken a lot of criticism over the years regarding the issues ive uncovered, we actually never have done anything wrong apart from bump in to it and work like others hard. wish we quite frankly had never had anything to do with it and despite all my efforts it has made no difference at all. and I suspect this latest saga will be no different. I have no idea why though.

steveeasy

[righty]

Re: statutory demand dismissed how to challange

A money claim can be instituted within 6 years of the 'known' loss whereas in the case of personal injury its 3 years

[steveeasy]

Re: statutory demand dismissed how to challange

HI,
Ive written to the court requesting the notes of the judge to understand how he made his decision. got a response back today by another judge saying it is innapropriate. im sure I read guidance you could request a copy of his notes. I don't want a transcript of the verbal points I want his notes, is this allowed?

thanks steveeasy