statutory demand

[Steve Thornbury]

Stat Demand has to be done via a Solicitor.

 

[milly]

Stat Demand has to be done via a Solicitor.

The question was can a stat demand be served by email only?

 

[Steve Thornbury]

I've never heard of one being served via e-mail As previously mentioned in this thread there is a contentious issue about posting / serving personally, so I don't see how an e-mail would serve any of those legal demands.

 

[milly]

So I guess my next question is; is this legal or not? and do you still have to go through the process to set it aside?

 

[Steve Thornbury]

Is what legal?
And yes off to court you go (Or your legal rep) to get it set aside

 

[milly]

Is what legal? The stat demand being served via email?
And yes off to court you go (Or your legal rep) to get it set aside

so even if a stat demand has not been served correctly, you are saying that this still has to be set aside?

Would this be on the grounds that it has not been served correctly?

 

[Steve Thornbury]

You really need to go and see a Solicitor if this is the route you wish to go down as they will have ALL the answers. Courts are all about following steps correctly. If a step is not done lawfully there cannot be any more steps hence you need legal advice I have PM'd you.

 

[Mpg]

Have a read here

http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf

The stat demand doesnt have to be done by a solicitor but i beleive the bankruptcy petition does.

Did the email have a delivery report on it.

 

[Steve Thornbury]

Good info!

 

[Mpg]

I cant edit the post so will quote and rephrase

Have a read here

http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf

The stat demand doesnt have to be done by a solicitor(although i would use one) but i believe the bankruptcy petition does.

Did the email have a delivery report on it.

 

[Steve Thornbury]

Spot on! (Now go to bed!!)

 

[Mpg]

Spot on! (Now go to bed!!)

Thanks.

After you.

Jeez its that late i hate forums

 

So can a stat demand be emailed - is that an acceptable way to serve a stat demand?

Short answer, no! Although you don't have to have it served in person think only recorded post with proof of delivery would be acceptable....

 

[milly]

Have a read here

The stat demand doesnt have to be done by a solicitor but i beleive the bankruptcy petition does.

Did the email have a delivery report on it.

They asked for confirmation of receipt and so far it has not been acknowledged, so I guess it cannot be contrued that it has been delivered.

I am phoning the courts this morning to clarify the position as to whether the central london courts will deal with the set aside as I have a feeling they will not as this is the court stated on the stat demand. Not all courts deal with setasides or bankruptcies.

I think the solicitor acting on behalf of his client is playing a bluffing game.... but whatever the game is he will be fought tooth and nail I can promise that.

Thanks
Milly

 

[Mpg]

How much do you owe milly/ how much are they saying you owe

 

[toddle2u]

I am phoning the courts this morning to clarify the position as to whether the central london courts will deal with the set aside as I have a feeling they will not as this is the court stated on the stat demand. Not all courts deal with setasides or bankruptcies.

The setaside should be presented at the local court of the debtor that deals with Bankruptcy

My answer from your other post on this matter

 

[milly]

How much do you owe milly/ how much are they saying you owe

Good point MPG, this is a personal loan that my o/h took as a favour when he had been unwell last year and was unable to work because of eye problems the loan was made without any terms from the other person for £10K, my o/h did put it in writing that he would repay pay the loan as soon as he was able because the house was on the market and that he would repay from that and if he did any work in the meantime this would be deducted from the loan, he had done some work for her and this amounts to almost £2k. The stat demand is not taking this into account although she was aware that she had not paid that element and that it was confirmed on his fee note that the monies were to be deducted from the loan. He also offered to to pay interest on the loan and the interest has been calculated on the whole loan upto present date, but no allowance has been made for the payments made and the reduction of the interest. There was always the intention to repay when he was in funds and or it would be deducted from future work. Since that client has now moved on to another accountant so he cannot repay it that way.

On another side of this issue, when he wrote this letter confirming the loan repayments he sent it strictly private and confidential, it appears that the lady and her daughter have spread malicious gosip about him and he has had an exodous of clients leave him because of this. He also has it in an email from his client's daughter who wrote on her mothers behalf advising who they have told + others.

He has fully disputed the sums that they are claiming to both the solicitor acting and the lady be borrowed the money from. There was never any intention not to repay but he never in his wildest dreams believed that it would turn out this way.

His loss of income from the loss of long term clients has been devistating to him and has also reduced his income substantially and he has been advised that he could make a claim for many more times than the money he owes her.

He has just phoned the courts, they say the court stated on the stat demand is incorrect as they do not deal with stat demands or bankruptcy and it is the high court where he needs to file the set aside.

He is now in search of a solicitor who can deal with this matter as his nerves are now wrecked and he cannot think straight.

Thanks for your input so far.
Milly

 

[milly]

Ok, the stat demand has now been served by post and email.

He has now worked out a repayment plan over 6 months with interest.

Can anyone please advise that if you try and negotiate a repayment plan through her solicitor and she accepts what happens with the stat demand. Is there a certain way that this should be mentioned and included as part of the settlement that she withdraws the stat demand.
In other words is there a set wording for this?

What happens if no response is received before the expiry of the stat demand?

At this stage he cannot aford a solicitor as he has been quoted over a £1k to handle this and he would rather use the money to pay the debt + interest.

If anyone could help with a sugested wording this would help immensley.

Thanks
Milly

 

[Steve Thornbury]

You really need to go and see a Solicitor as this is the route you have chosen to go down and they will have ALL the answers (For a price!!)

 

[milly]

You really need to go and see a Solicitor as this is the route you have chosen to go down and they will have ALL the answers (For a price!!)

I do not understand - "as this is the route you have chosen to go down"
He has not chosen this route, he does not have much options as he is dammed if he does dammed if he does not.

He phoned a few solicitors that did insolvencies and none were that helpfull and they said that unless he has a minimum of £1k deposit they will not even give him the time of day and they were not that hopefull.

He has several points to request a set aside but at the end of the day if the judge turned round and said do you have the money NOW - the answer is no he does not, then bankruptcy proceedings will commence.

Milly

 

[Mpg]

It will cost him a couple of £k to make you bankrupt though so whether he will is another thing

 

[toddle2u]

If you get to agree a payment plan get the solicitor to put in writing that the SD has been withdrawn

 

[milly]

It will cost him a couple of £k to make you bankrupt though so whether he will is another thing

Very probable she would as she is extremely wealthy - she could do it just for spite - because she can. Last year she lost on the stock market £400K and she did not blink an eye lid.

That is my honest opinion.

 

[milly]

If you get to agree a payment plan get the solicitor to put in writing that the SD has been withdrawn

I have given my o/h your firms phone number. Thanksfor the advice.

 

[Pat-UK]

Hi Milly

This sounds like a personal arangement which is not subject to any consumer credit law. are the details of any repayment schedule worded correctly.

Has this debt actually gone to court and a CCJ issued not that this is required to serve a Stad Demand.

If you have a valid reason to contest the amount owed / amount on the Stat Demand you should not have any problems having it set asside, you can then claim your costs involved in having it set asside against your creditor.

You do not need to have a solicitor to have a stat Demand set aside, But it does sound like it would be worth your while finding one if only to look at the agreement your OH made with the creditor, as it may be possible for it to be pulled apart.

 

[milly]

Hi Milly

Thanks Pat for your response. Yes you are right it was a personal arrangement and he does I believe have good grounds on quite a few points to have the stat demand set aside.

He has weighed up the pros and cons and is very worried that without a solicitor fighting his corner he will have a tough time as he still has to word everything correctly. He already today is starting to show signs of having a nervous breakdown.

His letter of agreement was just a letter from himself which this person was very happy with and it was hoped and stated in the letter that the loan would be repaid from the proceeds of the sale of our house by the end of this year. This of course has not been possible due to the ressession as we have had no firm offers in a price range where we could positively pay that debt and the mortgage off.

The best we can do is try and come to a repayment plan and ask that she accepts this and withdraws the stat demand and he will then set up a standing order and keep to this.

No court proeedings or CCJ just the stat demand.

Milly

This sounds like a personal arangement which is not subject to any consumer credit law. are the details of any repayment schedule worded correctly.

Has this debt actually gone to court and a CCJ issued not that this is required to serve a Stad Demand.

If you have a valid reason to contest the amount owed / amount on the Stat Demand you should not have any problems having it set asside, you can then claim your costs involved in having it set asside against your creditor.

You do not need to have a solicitor to have a stat Demand set aside, But it does sound like it would be worth your while finding one if only to look at the agreement your OH made with the creditor, as it may be possible for it to be pulled apart.[/quote]