Just a quick question....are mere mortals allowed to issue a stat demand against a bank if the bank owe them money.....when I say owe money I mean a genuine matter where they have not paid up and have passed it to an outside agency to argue the toss?

Yes you can... From .Gov Website

Stat Demands

 

1. When you can make a statutory demand

 

You can make a statutory demand to ask for payment of a debt from an individual or company.

 

Anyone who’s owed money (the ‘creditor’) can make a statutory demand. You don’t need a lawyer.

 

If the debt’s over 6 years old, you can’t usually make a statutory demand. You can get legal advice instead.

Perfect, thank you very much....

Tell us more

As long as its for 5k upwards

For an individual it's £5k plus....but my understanding for a company it's £750 plus? Or am I wrong there?

Are they able to raise any dispute as to the sum owed?

If so (& you go ahead with the stat Demand), expect them to apply to the High Court to restrain you from issuing a winding-up petition, and for them to apply for their costs if they succeed.

For an individual it's £5k plus....but my understanding for a company it's £750 plus? Or am I wrong there?

That is correct.....a Winding Up Order...unlike a Stat Demand you must serve the forms through Court.

Long story short..

.Bank obtained ccj and charging order back in 2010.

Did deal with bank who wrote off amount.

Sold house a few months back,

bank said we still owed a few grand and because of charging order as in joint names we could not complete unless we paid..

.they bent us over a barrel.

...now it's all over and we have moved we want our money back!

Was it a Restriction K (was it against you in both names, or against one of you for a jointly held property)?

Do they still believe you owed them the sum they insisted on?

if it was a restriction k , i'e it was against one of 2 people that jointly owned the property

then its your solicitor that wants shooting for blindly paying it off to them...

dx

Hence why I was asking, dx.

It was in joint names...

.we did have two restriction K's as well for amounts in single names, they did not get paid..

.although I now have Restons on my case who have issued a warrant for nearly 5k to be paid....

so my worries are not over on that one

restons cant issue warrants they are NOT BAILIFFS nor A CREDITOR

is this:

http://www.consumeractiongroup.co.uk/forum/showthread.php?442273-Cabot-Restons-HBOS-OD-i-gave-up-defending-got-CCJ-CO-now-bailiffs-help-SB-d&p=4965233#post4965233

No. Restons have a CCJ and had a restriction K....the restriction has now gone but they have applied through the court for a warrant to seize goods...

No. Restons have a CCJ and had a restriction K....the restriction has now gone but they have applied through the court for a warrant to seize goods...

I'm confused. If a court granted a CCJ that is prima facie evidence that the money was owed unless/until you appeal the judgment or get it set aside.

Is the money you claim the bank owes you a different sum?.

I'm sorry, it's got confusing

I was referring to two different posters questions...

the money owed by the bank is a different and separate issue and related to a joint charging order...

..the Restons matter was a restriction K which was not paid and has nothing to do with the original post..

..I was referring to a post where it was suggested that our solicitors should not have paid the restriction K which they didn't,

but now Restons have got very heavy...

..hope this makes things clear.