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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have summary judgement issued against me, my Father and my

Resolved Question:

I have summary judgement issued against me, my Father and my company due to a debt owed by my customers to our factoring company? Can you advise what happens now? The Solicitors have now sent a letter saying they will bankrupt us but we cannot pay the amount in full - £35,000 but we could pay a monthly amount going forward but not if we are made bankrupt? We signed a personal guarantee in favour of the factoring company for any shortfalls in the customers paying. Your advice would be appreciated ? Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know the reasons given. What is it you want to do, appeal?
Customer:

Hi there Alex, we cannot appeal because technically if the customer does not pay then we are liable, the judge confirmed that in court, they have not paid and will not as we are now out of business too?

Customer:

The Court have said we need to complete a certain form N245 and pay 3 x £50.00 and lodge it with the Court for Time to Pay? Is that right or should we just write to their Solicitors setting out the circumstances and seeing if they would give us time to pay. My Father is 79 and has a bad heart condition, already had two strokes and my Mother is 85 and had a stroke on Sunday just gone, this is really worrying them. Neither or us own our own homes, we both rent ?

Customer:

The date their Solicitors in Liverpool have given us to pay by is tomorrow (17th) ? If we have to do these forms would they need to be at the Court tomorrow OR would Monday do OR what would you suggest please? I have to go out to an appt now to take Mum to her check up, I will be back later though if you can send a reply? Thanks

Customer:

Alex, I have to leave now but my computer says you are waiting for mw ?? Can you come back to me??

Alex Watts :

Sure, sorry for the delay I have been in Court. What is it you want to be able to do or achieve?

Alex Watts :

Have you made an application to Court yet to pay by installments?

Alex Watts :

Did you ask for this at the summary Judgment hearing?

Customer:

Ideally not to be made bankrupt and to agree with the Court to pay over a period of time but this would be years probably ? No, we have not lodged any forms yet ? Please let me know?

Alex Watts :

Yes you need to make an urgent application to pay by installments

Alex Watts :

Let me get the forms

Alex Watts :

Its form N245

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n245-eng.pdf

Alex Watts :

You need to send this to Court.

Alex Watts :

But what it does not stop is the creditor being able to make you bankrupt.

Alex Watts :

But what they have to do is serve a statutory demand. You can apply to have it set aside.

Alex Watts :

If you do not set it aside or the Judge dismisses the application to set aside they can present a bankruptcy petition

Alex Watts :

Therefore you should apply to the court to pay by installments and ask that any other enforcement be suspended.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you Alex, will the forms have to be at the Court tomorrow bearing in mind that the Solicitors have given us until tomorrow to pay the whole amount due ?

Alex Watts :

Well they still need to go through procedural steps.

Alex Watts :

So get the form in and ask the Court to suspend further enforcement.

Alex Watts :

Make sure you do this tomorrow!

Alex Watts :

Does this help?

Customer:

Yes I will do Alex ! I will deliver them by hand first thing ! Does a statutory demand have to be hand delivered? Debbie

Customer:

How will I know if they have sent it and I don't get it?

Alex Watts :

Ideally hand delivered yes.

Alex Watts :

But they must take reasonable attempts to bring it to your attention,so they can post it

Alex Watts :

But they must try to serve personally first.

Alex Watts :

So that means hand it to you, not just hand post it

Alex Watts :

So you will know whether you have received it or not

Alex Watts :

Does that help?

Customer:

Yes Alex, thanks it does. I will wait and see what happens when I take it to the Court tomorrow. Many thanks. Debbie

Alex Watts :

Good luck Debbie

Alex Watts :

Can I clarify anything else for you today please?

Customer:

Thanks very much, I guess it costs quite a bit to bankrupt someone and if they wont get anything it is a bit of a waste of money one would think? Lets hope they have some common sense?

Alex Watts :

Yes that is right - they need to think about the financial side.

Alex Watts :

Can I help with anything else today?

Customer:

Thanks Alex, No, I think that is everything but these forms have to be in Court tomorrow (as that is the date on the letter) ?? I could make a better job of completing them if I had the weekend ? Debbie

Alex Watts :

Yes of course. They are quite simple and you do have all night.

Alex Watts :

If this answers your question might I invite you to rate my answer - the button should be at the bottom

Alex Watts :

If you need more help please click reply

Customer:

Yes I know !! Thanks for your kind help anyway, will you be available to speak to again regarding this ?? If so, how to I get hold of you?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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