What is a Statutory Demand

[Buffy1973]

What is a statutory demand?

If someone owes you money that they will not repay, a statutory demand is one way to try and recover that debt. A statutory demand is a written request to a debtor (person or business that owes you money) for the payment of a debt. It tells the debtor things like:

how much must be paid
when payment must be made – for example, immediately or by a certain date
what will happen if the demand is ignored – for example, court action to recover the debt
details of who they can contact about the demand
their right to dispute (disagree with) the demand

What to do if you receive a statutory demand

If you receive a statutory demand you have:

21 days (or 28 if you live abroad) to ‘satisfy’ the demand
18 days (or 22 if you live abroad) to ‘set aside’ the demand - challenge it in court to get it cancelled
A demand is satisfied if the debt is ‘settled’ (paid in full) or ‘secured’ (an agreement is reached to pay it, for example, in instalments). To set aside a demand - see the section ‘How to challenge a statutory demand’.

You shouldn’t ignore a statutory demand. If it isn’t satisfied or challenged, the creditor (person owed money) can apply to the court to issue a bankruptcy or winding-up order against you. Bankruptcy orders are for individuals and sole traders and ‘winding-up’ orders are the equivalent for a company.

If you own a business that has received a statutory demand you can get more information on what to do from the Businesslink website.

Source - http://www.direct.gov.uk/en/MoneyTaxAnd ... /DG_187711

I found this info to be quite useful when I had a Statutory Demand sent to me. This document looks pretty scary. Luckily for me I managed to challenge my SD and ended up winning, however, as I didn't know then what I know now, I was petrified when I received it.

On the flip side, maybe some of the folks in the forums who have money owed to them could use a Statutory Demand against the company or individual who owes them. For instance, I have read that many of you are not receiving payments for your fee schedules, could be an idea to try SD's.

The SD I received put an immense amount of pressure on me due to the very nature of the document. I do not scare easily, so i was thinking that, maybe the SD would scare the parties that owe us money.

[marko]

just issued a stat demand to bailiff co. there are two types (make sure you use the right one guys!!!)...if they try to set-aside...you can have your day in kangaroo court...which is what I,m hoping for...

[Buffy1973]

just issued a stat demand to bailiff co. there are two types (make sure you use the right one guys!!!)...if they try to set-aside...you can have your day in kangaroo court...which is what I,m hoping for...

Good luck

I've managed to get a few SD's set aside, am just about to serve one.

[jonnythrombosis]

help with statutory demand - i haven't yet received a statutory demand but the bank have sent me a letter by recorded delivery saying that they will be instructing a solicitor - whose name & address they have provided - to issue a statutory demand based on their researching the value of my house should i:
a) wait for the solicitor's letter then send copyright interloper letter 1
b) send a preemptive copy of above as i already know their name & address
or
c) take some other course of action

secondly if i do end up with a statutory demand i would like to be ahead of the game & know the different courses of action to get it dismissed

any advice & comments on other members experiences will be greatly appreciated

cheers! jonny t

[jonnythrombosis]

PS would the letter from the bank be classed as a letter before claim & should i respond or would the letter before claim be from the solicitor?

[Buffy1973]

PS would the letter from the bank be classed as a letter before claim & should i respond or would the letter before claim be from the solicitor?

Hi Jonny

I haven't really tackled Banks yet, however, as far as the Statutory Demand goes, Google having a Statutory Demand Set Aside. You will find a lot of info regarding what the Courts will consider a good enough reason to set aside a SD. I had one set aside by explaining that all administrative remedies had not yet been exhausted and so the intervention of the Courts as mediation was not yet required.

If you are going through the 3 letters process then, as far as I can tell, you are attempting to cooperate with the bank in order to resolve your differences, no need for a Judge, yet. If the Courts go ahead and allows the Statutory Demand to stand, you run the risk of Bankruptcy if you do not play a good game. The recent case I won against someone trying to Bankrupt my husband and I, began with a Statutory Demand. Because I had asked for proof of claim etc.... , and was not provided with it, the Judge believed that the claimant had deliberately kept us as uninformed as possible, therefore, if they could not provide me with proof that I owe them, how did they expect me to pay it?

It is very important to remain in honour, at all times. Never refuse to pay what you lawfully owe, as long as you have correctly, documented proof provided to you in the correct format. If you ever receive this proof and can't afford to pay it all, make a Monthly payment arrangement of what you can realistically afford. Again, if this got to Court, the Judge would see that you are the one making an effort, therefore, you are remaining in honour.

Hope this helps

[marko]

johhnythrombosis...dude, your getting yourslf all tangled up here in legal shoite...it's normal to do so...but wait till you are sent what you are sent...a stat demand is not designed to value (not like a privately orchastrated status report) any assets, its to DEMAND and just that...loadsa ways to combat it, easy to do, easy to understand if/when it arrives...chill a bit cross that bridge..etc etc.

[jonnythrombosis]

thanks marko! appreciate that will take your advice - just like to be well prepared & go in with my eyes open - will ask again as & when - cheers mate!

[jonnythrombosis]

thanks buffy! am beginning to buils up a picture of the whole issue - cheers! jonny t

[jonnythrombosis]

marko & ceylon - could do with your help now lads - i tried to send you (marko) a private msg as i wanted to keep this off the forum for now just in case they are monitoring - i sent letter 1 with copyright notice to banks solicitor - they are getting letter 2 today but last night a monkey in a black suit came round & threw paperwork - from them onto my drive - i gave it back to him he drove off then came back a threw it again ran off & drove away as fast as he could - its titled FORM 6.1 & says STATUTORY DEMAND UNDER SECTION 268(1)(A) OF THE INSOLVENCY ACT 1968 DEBT FOR LIQUIDATION SUM PAYABLE IMMEDIATELY - it names an individual in the solicitors and a court & gives instructions for dealing with it in their terms

what do you suggest i do do state there are many ways to deal with it - in your experience what are the best choices i have
i prefer to win this without setting place in a county court - place of business

i am not insolvent the reason i am not paying this because they have failed to provide the proof of claim requested in the 3 copyright letters - they have enclosed letters from the bank none of which provide the information & paperwork i have requested -
your swift reply will be greatly appreciated - cheers!