Sattutory demand under section 268(1)of the inslovency act help urgent smith

[TUTTSI]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

Maybe they have not responded and will possibly not turn up on Monday as they have nothing to add to change the judges mind. Keeping my fingers crossed for you that all goes well on Monday.

still nothin from 1st credit and due in court on monday

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

they will leave it till the last minute or ignore you

you keep to the time table, 1st cretins prob will not even turn up in court either to contest as its slam dunk

phone the court and double check the case is listed for monday would you please and update your thread

BEAT ME TO IT TUTSI

[Meagainindisguise]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

Smith, how does your other half feel about going into court. You can go into court to support her but cannot address the court directly. It will be a walk in the park if they don't turn up, however there is always a chance they will.

Maid

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

let me know when 1st cretins/conaught respond

hi =miliitant are you still going talk us through step by step as were not sure what to say at court cheers

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

she is scared lol

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

Do not worry

this will take no more than 5 minutes in court as the judge will have made his mind up before you go in, i will do a brief statement for you to digest but i doubt it will be needed

have you phoned the court yet to confirm the date to attend

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

Do not worry

this will take no more than 5 minutes in court as the judge will have made his mind up before you go in, i will do a brief statement for you to digest but i doubt it will be needed

have you phoned the court yet to confirm the date to attend

will do in the morn first thing

[Letmego]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

1st crud turned up for my case...and yes it's been set aside :-)

[ODC]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

Hope you got costs from the feckers

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

Right then smith, i am now doing you a statement for costs. You need to send a copy to 1st cretins and the court tomorrow at the latest.

For me to complete the application and post on your thread i need the following info

1/ are you taking the day off work to go to court and if so, how much would you Lose by taking the day off work

2/ how far is it to get to the court (miles)

LET ME HAVE THIS INFO AND I WILL POST UP THE STATEMENT THIS EVENING

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

Right then smith, i am now doing you a statement for costs. You need to send a copy to 1st cretins and the court tomorrow at the latest.

For me to complete the application and post on your thread i need the following info

1/ are you taking the day off work to go to court and if so, how much would you Lose by taking the day off work

2/ how far is it to get to the court (miles)

LET ME HAVE THIS INFO AND I WILL POST UP THE STATEMENT THIS EVENING

no we both do not work on dss due to ill health

bus fare would only be £10 for both of us

would be grounds for a hardship case in court

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

no we both do not work on dss due to ill health

bus fare would only be £10 for both of us

would be grounds for a hardship case in court

and yes still the court said yes 5 nov in court

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

give me an hour to post up your costs

[miliitant]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

IN THE XXXX COUNTY COURT
APPLICATION/CASENUMBER XXXXX
05/11/2011

1^ST CREDIT FINANCE 5 LTD

RESPONDANT

V

SMITH

APPLICANT

SCHEDULE OF COSTS FOR A

SET ASIDE APPLICATION ON A STATUTORY DEMAND FOR BANKRUPTCY PETITION

Rate Claimed Litigant in Person rateof £18.00 / hour
Travelling Costs HMRC Approved Mileage Rate of 40p / mile

1) Time spent identifying and understanding relevant legislation.
Time spent identifying and understanding relevant case law.
Time spent preparing affidavit and skeleton argument.

10 hours @ £18.00 - £180.00

2) Time spent communicating with Respondent and swearing affidavit

2 hours @ £ 18.00 = £36.00

3) Travelling costs for return journey to court £10.00

Total £226.00

Notes

Before undertaking this myself I approached a solicitor to handle this.I was given an estimate of 3 to 6 hours at £170/hour to prepare the Application(£510-£1020) plus extra for attending the court.

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately andr easonably incurred and/or are of a proportionate and reasonable amount.

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

SIGN AND PRINT YOUR NAME

DONT FORGET TO FILL IN THE CLAIM/CASE NUMBER, WHAT COURT, AND YOUR NAME
SEND THE ABOVE TO THE COURT AND 1ST CREDIT IN THE MORNING

[smith]

Re: Sattutory demand under section 268(1)of the inslovency act help urgent smith

IN THE XXXX COUNTY COURT
APPLICATION/CASENUMBER XXXXX
05/11/2011

1^ST CREDIT FINANCE 5 LTD

RESPONDANT

V

SMITH

APPLICANT

SCHEDULE OF COSTS FOR A

SET ASIDE APPLICATION ON A STATUTORY DEMAND FOR BANKRUPTCY PETITION

Rate Claimed Litigant in Person rateof £18.00 / hour
Travelling Costs HMRC Approved Mileage Rate of 40p / mile

1) Time spent identifying and understanding relevant legislation.
Time spent identifying and understanding relevant case law.
Time spent preparing affidavit and skeleton argument.

10 hours @ £18.00 - £180.00

2) Time spent communicating with Respondent and swearing affidavit

2 hours @ £ 18.00 = £36.00

3) Travelling costs for return journey to court £10.00

Total £226.00

Notes

Before undertaking this myself I approached a solicitor to handle this.I was given an estimate of 3 to 6 hours at £170/hour to prepare the Application(£510-£1020) plus extra for attending the court.

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately andr easonably incurred and/or are of a proportionate and reasonable amount.

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

SIGN AND PRINT YOUR NAME

DONT FORGET TO FILL IN THE CLAIM/CASE NUMBER, WHAT COURT, AND YOUR NAME
SEND THE ABOVE TO THE COURT AND 1ST CREDIT IN THE MORNING

thankyou done this did you do the short statment for her to read to court cheers