Ask a Law Question, Get an Answer ASAP!
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Was the offer made by you or the other side please?
Yes but was the offer made by you or the other side? Are you Defendant please?
defendant, offer made and accepted by me
made by me sorry
it was ok at the time then a CT bill came through, so its made the payment to the claimant impossible
Hold on - you are the Defendant?
Ok - the offer was made by you to Claimant?
You made the offer and the Claimant accepted it - have I understood?
Under Rule 36.11 any offer must be paid in full within 14 days.
yes it says that in the offer agreement
If you intended to make payment by installments then you should have made a Defendant Calderbank Offer.
thats not my question tho!
i didnt intend to, but at the time the p36 was made all was ok
but the CT bill has thrown it all off
ok - so you can't make the installments?
there hasnt been any instalment agreement and they wont agree (theyve made this very personal)
Ok - just so I understand.
i just know they wont, so what happens when we dont pay the p36
You made a Part 36 offer, this was accpted?
It did not include provision for payment by installments?
no, I made a P36 = refused. They replied with a p36 = I accepted. Now I cant pay it, it was to be paid in full
I CAN pay by installments but I know they wont accept it
so will it go before a judge
I see. In that case you accepted their part 36 offer then they can go ahead with proceedings
You can't stop it in that case.
Only if there is:
2) Part 36 offer accepted
3) Tomlin Order
can the matter be stopped, otherwise the matter will go ahead.S
Sadly you or the Court can not force them to accept installments
yeah. what I mean is, before they get to wind up petition stage, will it go to court where I can explain this to the judge
This is what will happen@
1) They will issue a statutory demand
2) You have a limited time to set this aside, but you need a good reason
3) If it is not set aside then they can issue with a bankruptcy petition
its a company btw limited by guarantee with £1 liability
4) The matter will be listed in Court and a Judge will want to know if the demand was properly served and if the debt is owing, if it is then a Judge will make the order/
This makes no difference - a Judge will want to be satisfied the procedure has been followed that is all
I realise this is not the answer you want and certainly not the one I want to give, but I have a duty to be honest
at the point of the order, is this when baliffs enter
Once the Order has been made the assets are transferred to the Official Receiver who can instruct bailiffs.
It may not be straight away but then as soon as the Order is made, you no longer own or control the Company
I see. Ok, thanks.