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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am Applying to Set Asside a Statutory Demand issued on the

Customer Question

I am Applying to Set Asside a Statutory Demand issued on the 3rd of June (By this coming Monday) a debt Judgement was made against me the the claimant first  ...Your thoughts and advice please. The Statory Demand as issued to me on the 3rd of June 2014 – by High Court Solutions:-The Claimant – MISS REBECCA SADLER MISS SADLER is pursuing me for payments that I had agreed to make in Slough Majistrates Court in March 2013 where my Set Asside Applicalion and Achknowledgemnet was submitted simultaniusly to deal with a Judgement that was issued by MISS SABLER on the 5th of December 2012 Slough County Court refused to hear my Set Asside Application on that day and awarded the Claiment with monthly payments of £250 even though I explained my business had stopped trading and there was only £50 in my account (ITEM...) I acted without legal advice as I was unable to afford or qualify for Legal Aid MISS SADLER has emited to disclose payments on the Demand already made by myself . The Appealents Notice has never been heard by any court for this same Judgement so I hope that the date error made by Bodmin Court along with the circumstances below will lead to my appeal I fully accept that I have not handled the court processs effectivley, but beg to draw your attention to the date error below which I believe has ultimately resulted to my downfall in this matter...Perhapps I would have been wise to issue a complaint about this at the time My handling of this matter has been clouded due to my mittigating circumstances below and I believe the Claiment has taken advantage of this and used every means possible for her own gain.The Claiment is fully aware that I am a Sole Trader of limited means who is neither legaly trained, nor can afford or even qualify legaly for the services of a Solicitor. MISS SADLER states that she is suffering as a result of non payment as a lone parent although the amount she is claiming is outside of our company invoice management system People Per Hour (PPH) as we were both operating indepentantly through the system as Sole Traders. In fact MISS SADLER appealed to the management opperator of PPH about so called unpaid invoices but lost the appeal as detailed in the Appealant Notice dated the 14th of January 2013 I have suffered psycologicaly due to a failing business and car accident over the time when this Judgement was issued so have not been able to handle the matter in the best possible way. THE HISTORY OF EVENTS: -In 2012 MISS REBECCA SADLER activated Small Claims proceedings against me for apparent unpaid owed amount of monies.Bodmin CountyCourt moved the case from Slough where I live to Bodmin where the Claimant lives Bodmin County Court had received my Achknowledgement prior to trial on the 5th of December 2012.The Court awarded the case to MISS SADLER in my absence.I live 230 miles away from Bodmin. On the 8th of December 2012 I had a high speed motorway crash (ITEM...5) Although not seriously hurt my partner and child were in the car and this affcted my decisions over the following 3 weeks.I have applied for the Hospital Notes to produce about this. On the 14th of January 2013 I submitted an Appealants Notice although I was advised by the court to submit a Set Asside instead,to allow my appeal in Slough County Court. On the 17th of January*****wrote back stating my car accident to be on the "8th of January 20,so not relevent to the timetable".The Judge had assumed the accident was on the "8th of January" not the "8th of December" as correctly stated on my orriginal application (ITEM.... in Part B – Extension of Time application) I believe if this date error had not been made my Appealents Notice would have been heard. The Court said it was "Inapropriate" to hear my Appealants Notice due to my "Non Attendanc" at Bodmin on the 5th of December. ITEM (....) In April 2013 I made an Application to Set Asside On the 27th of July 2012 Small Claims Track Hearing was set at Slough County Court where I was hoped to resolve this issue, but the hearing had been cancelled as the Claiment requested it to be moved On the 11th of January 2013 I was issued with a Warrent then subsiquent Baliff notices On the 8th of Febuary 2013 I submitted a Set Asside Application to Northampton along with an Addmissions


 


as I thought that I would have to admit the debt if my Set Asside Application was not successful.This was due a lack of legal advice and pressures from my failing business.


 


On the 20th of March 2013 at a hearing in Slough Magistrates I was prepared with my Set Asside Application but was adviced this could not be heared and that I had not completed a budget plan (ITEM....) I was issued with a much higher monthly amount than was on the Admision affordable to me as my business was starting to suffer,this was not a good time for me.


 


After making four (4) of these payments as above I was then unable to maintain this unafordable Repayment Order due to the further decline of my income.


 


I informed the Claiment directly of having no funds to survive let alone repay these additional amounts.The Claiment did not accept I was unable to make the same payments despite my communication and issued me with Baliffs and a Writ which I was able to set asside


 


On the 27th of July 2013 I was due to attend Slough County Court as requested by MISS SADLER who requested to move the case to Bodmin Court.


I wish I had been able to respond to this move request as I believe this has contributed to my downfall.


 


On the 30th of August 2013 I applied to Set Asside again but this application was rejected by Judge Middleton of Bodming County Court where


I mistakenly failed to mention the prior date error as an error of the Judge.


 


On the above basis I respectfully ***** ***** the enclosed appealents notice to be heard as I believe the Claimant has no case to answear and has used the system to her advantage.


 

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and 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.

Alex Watts :

Just to confirm there is a valid CCJ at present?

JACUSTOMER-rl5qvibt- :

Yes

Alex Watts : At the moment you refer to 2013 there is no live application to set aide or appeal?
JACUSTOMER-rl5qvibt- :

No...I would like to draw your attention to the Date Error made by Bodmin Court and the fact that in March Slough Court would not hear my set assid despite submission as I had also wrongly submitted and Admision of debt.

JACUSTOMER-rl5qvibt- :

...The Claimant and I had used the same Invoice Management System, (PPH) as detailed and she appealed to them and lost,so the detail of that was on the Appeal that was submitted last January.

Alex Watts : But to confirm there is a live CCJ with no application to set aside or appeal.
JACUSTOMER-rl5qvibt- :

Correct there is only one and it was issued on the 5th of Dec 12

JACUSTOMER-rl5qvibt- :

Do you think I should just offer a payment plan or do you think I have a case

Alex Watts :

Its bad news I am afraid.

Alex Watts :

You have a valid CCJ. There is no application to set aside or appeal

Alex Watts :

Therefore the court is unlikely to grant the set aside

Alex Watts :

The Court wont have ANY power to go behind an existing CCJ

Alex Watts :

It will see it is there, confirm it has not been paid and refuse to set aside the demand

Alex Watts :

The bankruptcy Court has no power to go behind a live CCK

Alex Watts :

CCJ

Alex Watts :

So yes sadly you should pay it

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-rl5qvibt- :

I was going to apply to set aside the CCJ and the state on the Stat Demand that I had applied is this just duplication or would the court look at the maters separately

JACUSTOMER-rl5qvibt- :

I was going to apply on the N244 and also fill in 6.4 and 6.5 of the Stat Demand just to say I had applied to Set Aside the CCJ?

Alex Watts : They would be two hearings. You should have applied to set aide the ccj earlier.
Alex Watts : If you had a ccj then one of the tests is that you acted promptly.
Alex Watts : You have known about this for some time but not set it aside.
Alex Watts : This is a problem.
Alex Watts : I am sorry.
Alex Watts : Can I clarify anything else?
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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