Creditor refuses all payment offers

[Anonymouse12]

I am in a very difficult position and I need your advice.

My ex boyfriend is trying to make me bankrupt even though he owes me more. I have a disabled son and if I am bankrupt, I won't be able to work in my own industry. Is there any law which will help me?

The ex boyfriend refuses all payment offers and just wants to see me bankrupt because he's being petty and he hates me. What shall I do?

If I'm bankrupt, my son and I will not survive.

I always pay my bills on time even though I struggle terribly. What shall I do?

[Amethyst]

Re: Creditor refuses all payment offers

Can you explain what is owed to your ex-boyfriend and on what terms, and also what he owes to you, and on what terms ?

when you say trying to make you bankrupt, has he issued a formal statutory demand or is he just making threats?

[Anonymouse12]

Re: Creditor refuses all payment offers

When we broke up, he continued to charge me rent. Later on, he made a CCJ on me. He owes me consultancy fees. I've done the job but he messed me around and lied. Finally now, I can't pursue his debt to me because it is over 6 years old but he can pursue the CCJ on me even though it's over 8 years.

I am a single mother with a disabled son. I was unemployed for 3 months and I am coming back into employment. I live on very little money. The claimant refuses to make an arrangement with me and wants to make me bankrupt as revenge for leaving him. If I am made bankrupt, I won't be able to work in my industry. Also, I don't have any assets.

If I am made bankrupt, I won't be able to work and bring some bacon to the table. My son would suffer more in this situation because I will not be able to provide him proper accommodation and proper everything.

My ex boyfriend has served me with statutory demand which I tried to set aside on the grounds that he owes me even more. The judge dismissed my application to set it aside, rather inhumanely.

My ex boyfriend does not go into payment arrangement because of revenge.

My life and my son's life would be shortly ruined.

[wales01man]

Re: Creditor refuses all payment offers

cannot offer much advice only to say you need to see a Solicitor ASAP this looks messy and spiteful in the end no matter what happens you have your son please remember he is more important in your life.

Others on here will offer help and support when they come on may take time but they will Amethyst will as usual give her all

[Amethyst]

Re: Creditor refuses all payment offers

he can pursue the CCJ on me even though it's over 8 years.

My ex boyfriend has served me with statutory demand which I tried to set aside on the grounds that he owes me even more. The judge dismissed my application to set it aside, rather inhumanely.
.

Does your ex have a county court judgment against you, before he brought the statutory demand against you for the debt ?

[Anonymouse12]

Re: Creditor refuses all payment offers

Does your ex have a county court judgment against you, before he brought the statutory demand against you for the debt ?

Yes he does. I couldn't challenge it because there were threats of physical violence. He came to me with a knife and threatened me and my son. We were both terrified of him.

After I moved, he was stalking me constantly. He tried to reunite with me, but I refused.

Even though he owes me a double figure but because his debt is now statute barred (he tricked me when it was less than 6 years old when he would put it against CCJ) and now he's refusing the payment plan of a debt which I shouldn't owe him. He wants to make me bankrupt which will not allow me to bring food onto the table, let alone holidays or something else.

Also, I can't afford a lawyer. We have very small means.

[Anonymouse12]

Re: Creditor refuses all payment offers

I have decided to appeal the decision of the district judge about my application to set aside the statutory demand. I managed to get a fee remission certificate, but I was told that I need to apply to the office of the court where the hearing will take place.

I do not have details of the court hearing yet, so not sure what to do.

[Kati]

Re: Creditor refuses all payment offers

tagging [MENTION=6]Amethyst[/MENTION] [MENTION=2]Celestine[/MENTION] xx

[Anonymouse12]

Re: Creditor refuses all payment offers

I am instructing IVA practitioner to deal with my situation but one of my creditors is not just difficult but vicious. He knows that I do not have any assets in case of bankruptcy and he knows that if he's not going into agreement with me and get a modest payment every month, he will get nothing at all. He is already in the stage when he can present bankruptcy petition.

With my other creditors, I have very good relationship and no-one threatened me with bankruptcy. I have a proper payment plan, paying what I can afford and paying timely. This creditor is an individual and not a company - I tried to get into arrangement via his lawyer 3 times (one of them was a letter via recorded delivery and 2 of them was via phone call - the last one was recorded). I was told by his lawyer that the creditor did not respond at all to my payment plan.

This creditor already duped me in the past and now I am afraid that while I am waiting and nicely negotiating, he will present bankruptcy petition and I will face £3000 higher debt and I will not be able to afford this at all.

Please kindly advise me what is the best sort of action I can do in order for me to stop the nasty creditor to present a bankruptcy petition to court. The negotiation with good creditors through IVA takes time. Ideally, I don't want to go into IVA or bankrupt as I always follow through with my payment plan, no matter how difficult it can be.

Also, please take note that I went into bad debts a long time ago because of this nasty creditor and him not paying the double figure that he owes me. I continue to suffer because of this nasty creditor and I do not know what else can be done. The CAB was not very helpful and I cannot afford good lawyer.

Please kindly advise me the best course of action because ideally, I want to avoid IVA or bankruptcy against my name. I would rather pay my debts until the end of my life and I always honor my agreements. Thank you in advance.

[Debt Camel]

Re: Creditor refuses all payment offers

he will present bankruptcy petition and I will face £3000 higher debt and I will not be able to afford this at all.

If a creditor makes you bankrupt, you don't have to pay any fees. Your debts don't increase at all.

it sounds as though you are on a low income and with a disabled son your expenses are probably high. You should not agree to an IVA where the disability benefits you get for your son have to be used to pay the IVA payments.

It sounds as though bankruptcy is probably a better way forward for you. You need to think what is best for your family, not get hung up ion repaying your debts, especially as you don't even agree you owe some of them. You will be able to find alternative employment.

I think you should consult a good debt adviser and discuss your position and your options with them, not an IVA firm that will make a few thousand if you go for an IVA.

[wales01man]

Re: Creditor refuses all payment offers

Very good advice from Debtcamel the money is for you son use it for him not debts the debts are immaterial he is Number one in your life together with the rest of the family

[Anonymouse12]

Re: Creditor refuses all payment offers

Thank you very much. I really appreciate your advice. You are absolutely right.

[Anonymouse12]

Re: Creditor refuses all payment offers

Is there a transcript of judgment for a decision made on paper? There was no oral hearing, but the court has asked for a transcript. I am not sure what to do here?

And in the letter, where the court said that they received my appeal bundle - they said that if my appellant's notice already asks for permission to appeal, that I do not need to serve the respondent with any documents at this stage. Should I serve the respondent's lawyer with the appeal bundle or not?

Any help would be appreciated.