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| T O P I C R E V I E W |
| Michell.72 |
Posted - 20 June 2011 : 17:53:53
OH has business debt and recieved a statutory demand from the court from a compnay he owes money to, he put in a request to set this aside and now we have a date to go to court to hear his case, this is in August.
We spoke to the court and they say just turn up and state your case but is this correct? The company he owes are bound to have a solictor, my OH is no legal eagal! We do believe we have a case ( he has paid them back half of what was owed and is still bringing them in buisness) but should we get some legal advice now and should we take a solicitor to court with us?
Thank you |
| 3 L A T E S T R E P L I E S (Newest First) |
| debtinfo |
Posted - 20 June 2011 : 23:39:41
ok in most partnerships the partners are jointly and severaly liable which means the the creditor can choose either or both to chase so i doubt you would win on that one.
invoices being charged at higher rates than agreed
this one looks a little more promising, do you mean for new contracts or do you mean that theoriginal debts which the stat demand was raised on were charged at higher rates than agreed, did you have a contract, are any charges included in that contract or any provision for raising the price at any point
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| michmar72 |
Posted - 20 June 2011 : 22:57:04
quote:
Originally posted by debtinfo
well what is the reason for setting aside, I presume that you do owe the money, and that the terms of the agreement have been breached
You need to hve a reason to set it aside
Hi
Thanks for your reply,the reason's for setting aside are the summons is just addressed to my OH, not him and his partner, invoices being charged at higher rates than agreed, 70k already paid of the 150k debt by my OH, 90k outstanding and still putting buisness through them but paying up front for these orders.
My OH only in this situation because a company he was working for went into liquidation owing him and partner 150k, sadly on the list of people that company owes money to my OH is small fry and we are not expecting any payment.
Will any of this matter in court or is it as straight forward as you say "he owes the money and the terms of the agreement have been breached"?
He /we can't pay the full 70k, we considered making a final settlement offer but don't know what to do for the best, he could use his share of any equity we have on the house, which is in joint names.We have no personal debt.
Where will it all end :( |
| debtinfo |
Posted - 20 June 2011 : 19:18:14
well what is the reason for setting aside, I presume that you do owe the money, and that the terms of the agreement have been breached
You need to hve a reason to set it aside |
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