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.
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.
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.
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.
petition for BR
Posted - 03 March 2009 : 21:44:02
