| T O P I C R E V I E W |
| loadsofdosh |
Posted - 22 October 2010 : 15:32:17
I have received a 'statutory demand' and threat of bankruptcy from a creditor in the sume of £6000 which I do not really owe. I think they are just being malicious and trying it on but if they do present a bankruptcy petition will I be given notice in order to attend court and contest it ? (I have plenty of assets and no debts other than my mortgage) |
| 10 L A T E S T R E P L I E S (Newest First) |
| loadsofdosh |
Posted - 25 October 2010 : 17:50:11
Thanks to all for the advice and just to up date everyone I went into my local court today with the "application to set aside statutory demand" form and accompanying "witness statement" - the court seemed very familiar with process and I didn't have to swear on oath or pay any fee but they did say it may not get heard till January ! However the good news is the Creditor should have to pay my costs if the application is granted - I will update any developments in due course but hopefully bankruptcy now avoided .,
Andy
AH |
| loadsofdosh |
Posted - 23 October 2010 : 18:12:58
Thanks Dave,
I got hold of one advice line who just said "pay up!" - not one recommended by you though.
I Have just decided to go for the setting aside the statdemand as I understand it can be sworn in my local court so I will go there on Monday and up date later - I will take your advice and dispute the full amount !! Thanks again, Andy
AH |
| chester2005 |
Posted - 23 October 2010 : 15:01:24
when you say there is some money owing the DJ will likely ask how much ???
if the sum not contested is over £750 even by 1p then he will make the order , i have seen this done...
you will probably be better taking professional advice some of the professional forum experts work weekends give them a call, initial advice over the phone is free.
Dave
Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurhman)
RevivaUK and Paul Johns helped me through it all i can't recommend them enough!! |
| loadsofdosh |
Posted - 23 October 2010 : 06:22:51
That makes sense but looks like I need a solicitor to swear avidavit , is that correct< and the form 6.4 needs time and place put in , should I leave this blank ?. Also what court should i send it to because if I send it to my local court the claimant could still issue petition in their local court or high court in London and I would still have to attend ???
AH |
| debtinfo |
Posted - 22 October 2010 : 22:32:27
yes but if you get it set aside then they cannot even petition ie keep youself 1 more step removed from bankruptcy so nothing can go wrong |
| loadsofdosh |
Posted - 22 October 2010 : 21:27:25
Thanks guys, I understand the principle of setting aside the "statdemand" however as far as I can see this is a document anyone can issue when claiming a debt and is not issued by a court which I can ask to set it aside.
I accept that some money is owed to the claimant but not the full amount they are claiming and the County Court has set aside the judgement (that they obtained by default by serving summons on an address I didn't live at.) and referred both parties to arbitration. I would be pretty confident in persuading a district judge that the debt was not fully payable.
I probably shouldn't name the other party but a quick search of google for "managing agents in southend" may well throw up soemthing as they appear on various forums under several aliases !!
any more advice much apreciated, andy
AH |
| Bigal4787 |
Posted - 22 October 2010 : 17:38:33
Hi Andy,
if you are going to contest the claim, and in particular bankruptcy, you need to get together specific evidence that challenges the creditors demand, as if you turn up at court without a properly prepared defence as to why you definitely do not owe the money(as opposed to don't really owe it), the District Judge will give the order, but if your defence is credible the DJ may either dismiss it, or adjourn the hearing for further information to be gathered.
Who is the creditor by the way?
Big Al |
| debtinfo |
Posted - 22 October 2010 : 17:35:24
If you are certain the Statdemand is wrong you can apply to have it set aside, yu usually have 18 days to do this |
| loadsofdosh |
Posted - 22 October 2010 : 16:45:19
Thanks for quick reply John, that is re-assuring to know, I am pretty sure the notice is incorrect as it refers to county court judgements that have been set aside (and are in different claimant's name.) But I don't trust them not to go ahead and petition for bankruptcy regardless as they are an infamous properrty management company with large resources. Thanks Again, Andy
AH |
| Blackie |
Posted - 22 October 2010 : 16:07:55
Hiya Loadsofdosh
If you are in dispute with the creditor, they can not take further action. However it may not be a properly served Statutory Demand! If it is and bankruptcy proceedings do ensue, you will be sent notice from the court so that you will have time to put a case together and attend.
All the best.
John Blackadder |
