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 Post subject: Debt paid after petition issued but...
PostPosted: Thu Nov 05, 2009 8:53 pm 
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Debt paid in full after petition issued but the creditor obviously wants to recover costs. If the debtor has paid the amount stated in the petition am I right in thinking that a bankruptcy order will not be given but the court will award the creditor costs?

If the debtor fails to pay the costs does the creditor have to take fresh enforcement action to recover them, or is the petition stayed pending payment? Or how does it work?


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 Post subject: Re: Debt paid after petition issued but...
PostPosted: Thu Nov 05, 2009 9:42 pm 
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Costs will need to be paid. If over £750 they may found another stat demand.

I would insist on payment ahead of the hearing. Bear in mind another creditor may apply to take over petition.


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 Post subject: Re: Debt paid after petition issued but...
PostPosted: Thu Nov 05, 2009 10:41 pm 
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Quote:
Costs will need to be paid. If over £750 they may found another stat demand.

I would insist on payment ahead of the hearing.


Yes but - or what? If the debtor has paid the original debt and costs have not yet been awarded (although doubtless they will be), what has the debtor got to lose by not paying prior to the hearing (apart from the extra costs of the hearing itself)?

Thanks FH, I appreciate your help.


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 Post subject: Re: Debt paid after petition issued but...
PostPosted: Thu Nov 05, 2009 10:50 pm 
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Risk of bankruptcy order. Don't fart around.


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 Post subject: Re: Debt paid after petition issued but...
PostPosted: Thu Nov 05, 2009 11:01 pm 
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Ok, apologies if this seems tiresome but I need to be sure I understand it properly. The court can issue a bankruptcy order on Monday even though the only outstanding issue is costs, which have not yet been awarded? The court would bankrupt her on Monday for a new debt the amount of which she only found out yesterday?


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 Post subject: Re: Debt paid after petition issued but...
PostPosted: Thu Jan 28, 2010 12:53 am 
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I do have some questions regarding these matter. Is this thread still alive? Thanks.

_________________
One Hour Payday loan


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 Post subject: Re: Debt paid after petition issued but...
PostPosted: Thu Jan 28, 2010 8:07 am 
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It is now!


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 Post subject: Re: Debt paid after petition issued but...
PostPosted: Wed Feb 03, 2010 2:04 pm 
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fh is warning of the possibility that the Court will find the debt has been discharged, but that the respondent is liable for costs in excess of £750 and - if the respondent cannot pay the costs order on the spot - proceed to make the bankruptcy order.


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