Stat Demand for Mortgage shortfall

[time2burn]

Hi
I had SD for a shortfall on mort a/cs when props were sold BMV by about 50% when LPA receivers sold them
we have no solicitor helping us- doing application to set aside by myself
some questions-

1. only i was served the stat demand by process server- he never mentioned my wife(although she joint owner, and [there maybe or not be SD papers for her in my bundle]- but SHE HAS NEVER HAD SIGHT OF THEM)- is there a case for HER to get this set aside as not served properly- we talked to Insolvency service and said MAYBE- but issue maybe judge will not allow this and creditor will then have automatic right to apply for bankruptcy- so do we apply for set aside on the usual reasons?- any advice and statute/case law would be great help
2. Had diff advice from Insolvency service on this- is there a fee for application to set aside via form 6.4 & 6.5?- 1 said no the other guy said yes!
3. Again Had diff advice from Insolvency service on this- when we put in our Application for set aside- form6.4 & 6.5(witness statement) - is this initially processed by county court clerk or by an actual Judge- one said clerk the other said judge would process application- any sole on here know correct answer?
4. we have 6 diff reasons for set aside(some a bit weak- but try all reasons)- main grounds are ongoing dispute and possible set-off- so do we put all supporting paperwork/evidence in with application- or do we leave this for an actual hearing? - the main ground is we tendered full settlement of these accounts by legal negotiable instrument which the bank accepted and still have- these notes are for more than the SD amount.

We need to get application in by early next week for the 18 days timing- so any replies ASAP PLEASE and Thankyou

I know most SD on here are based on CCA- this isn't but on mortgages, and i feel ok dealing with sold, barristers, DDJ in court with CCA issues(as done before) but this is new to me

Thanks

simon

[time2burn]

Re: Stat Demand for Mortgage shortfall

Got answer to q1 as server came back with papers for wife - but we not in and will now ensure she never accepts them

q2 and 3 also got answer

in court today to submit my application to set aside with 4 page witness statement and 30 pages of evidence

no idea what will happen
simon[/QUOTE]

[time2burn]

Re: Stat Demand for Mortgage shortfall

got a hearing to set aside in few days(have no sol- just doing by myself) so if one of the solicitors on here could answer the following:

1. I am applying for set aside based on DISPUTE(as well as other reasons) - so is there any case law and statute that i can use to move judge to find in my favour, and NOT start trying to judge on the actual reasons for dispute as this is NOT the remit of the bankruptcy court(as far as i understand)- so basically want him to see there IS A DISPUTE and has been for 4 years- and rule in my favour

2. My wife still not been served yet, so if i successful in getting set aside can i ask for hers FUTURE SD to be aside on same basis as SD is for exactly same amount and reason? - is there any precedent/case law to show this? OR does she have to apply all ver again for separate set aside?

3. If point 2 is yes, she has to apply for separate set aside, can i rep her in court, as she will not go to court

4. If i want to apply for counter claim(which i have poss case0 does this have to be done prior to hearing? and is it a separate claim based in normal CPR court? - the court clerk had no idea!

Thanks for help

timng is crucial as only few days before hearing so any info ASAP would be much appreciated

SM
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[wales01man]

Re: Stat Demand for Mortgage shortfall

You say sold BMV what was the difference and how do you believe it was sold so cheap you say a Counter Claim has this been filed or our going to try and bring this up before the Judge

[time2burn]

Re: Stat Demand for Mortgage shortfall

You say sold BMV what was the difference and how do you believe it was sold so cheap you say a Counter Claim has this been filed or our going to try and bring this up before the Judge

BMV was about 50% of mort amount and market value(as these were more or less the same
not sure how to a counter claim with SD as not under usual CPR court process and the court clerk had no idea, plus the fees for a counter claim went up 9 March and make it finically impossible to do now

Really looking for case law and statute i can quote showing if there is a definite DISPUTE that can be shown the set aside should be given WITHOUT actual trying the case and the dispute itself