Ask a Law Question, Get an Answer ASAP!
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?
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 ?
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
Alex, I have to leave now but my computer says you are waiting for mw ?? Can you come back to me??
Sure, sorry for the delay I have been in Court. What is it you want to be able to do or achieve?
Have you made an application to Court yet to pay by installments?
Did you ask for this at the summary Judgment hearing?
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?
Yes you need to make an urgent application to pay by installments
Let me get the forms
Its form N245
You need to send this to Court.
But what it does not stop is the creditor being able to make you bankrupt.
But what they have to do is serve a statutory demand. You can apply to have it set aside.
If you do not set it aside or the Judge dismisses the application to set aside they can present a bankruptcy petition
Therefore you should apply to the court to pay by installments and ask that any other enforcement be suspended.
Can I clarify anything for you about this today please?
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 ?
Well they still need to go through procedural steps.
So get the form in and ask the Court to suspend further enforcement.
Make sure you do this tomorrow!
Does this help?
Yes I will do Alex ! I will deliver them by hand first thing ! Does a statutory demand have to be hand delivered? Debbie
How will I know if they have sent it and I don't get it?
Ideally hand delivered yes.
But they must take reasonable attempts to bring it to your attention,so they can post it
But they must try to serve personally first.
So that means hand it to you, not just hand post it
So you will know whether you have received it or not
Does that help?
Yes Alex, thanks it does. I will wait and see what happens when I take it to the Court tomorrow. Many thanks. Debbie
Good luck Debbie
Can I clarify anything else for you today please?
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?
Yes that is right - they need to think about the financial side.
Can I help with anything else today?
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
Yes of course. They are quite simple and you do have all night.
If this answers your question might I invite you to rate my answer - the button should be at the bottom
If you need more help please click reply
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?