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T O P I C R E V I E W
rival
Posted - 03 March 2009 : 21:44:02 I have informed a creditor that i am going BR(was this a mistake?)Could they issue their own petition first beating mine to the hearing,plus do they also need to file it in the same court as me, as i was informed that the court is specified by your post code.Or do they first have to obtain a CCJ before they can petition.
3 L A T E S T R E P L I E S (Newest First)
John
Posted - 04 March 2009 : 19:26:17 Hi
if you gave director's personal guarantees for the business debt and the company has since been liquidated then you are personally liable and the creditor could apply a charge to your property. If there were no DPG's given then the chase would be a fruitless exercise.
That said if you have not yet been notified of such a hearing having been scheduled then with your petition being heard April 2nd there is now insuffient time for a creditor to do so.
John White England Jackman & Spacey
rival
Posted - 04 March 2009 : 16:30:42 my date is set for the 2nd April..how long would they need to place a charge?what if the charge was unjustified..i.e it was a business debt(invoiced to my company which went into liquidation) which they were trying to turn into a personal debt.
quote:Originally posted by John
Hi
no CCJ required but they would need to serve a statutory demand on you first. If you have informed a creditor of your intention they are very unlikely to try and beat you to the punch as it were as a creditors petition costs £1500+ when they can let you pay the fees (£495).
Beware if you have equity in a property though as they may attempt to place a charge against it prior to your petitioning the court. This too is unlikely on timescales if you have made the court appointment already.
John White England Jackman & Spacey
John
Posted - 04 March 2009 : 01:32:44 Hi
no CCJ required but they would need to serve a statutory demand on you first. If you have informed a creditor of your intention they are very unlikely to try and beat you to the punch as it were as a creditors petition costs £1500+ when they can let you pay the fees (£495).
Beware if you have equity in a property though as they may attempt to place a charge against it prior to your petitioning the court. This too is unlikely on timescales if you have made the court appointment already.
