Hi people An update, my MIL today has received a letter from the court stating the following; It is ordered that The application to set aside the statutory demand be set aside, the same disclosing no cause for the setting aside of the statutory demand. Does anyone know what the last bit means? Does this mean it is set aside?

The MIL was guarantor for her daughters first flat where her boyfriend smashed it up, unfortunately didn't understand the seriousness of a court case and had a judgement made against her as didn't follow the correct process at the time.

Hi many thanks again for all your advice here, especially 42man, the MIL is off to Colchester today to hand in her forms then can get back making cupcakes! Thank you all and have a wonderful Christmas you lifesavers!

Oh and its Colchester County Court, Essex

Thank you everyone for your help, many thanks for the links to the forms! Believe me my christmas will be better with a happy mother in law! On form 6.4 do I fill in section a or b? Section e is that for a solicitor to complete? On form 6.5 it states 8 reasons for a set aside do I ignore these and put down what was previously mentioned in this thread? Do I claim costs on this form too? What would seem reasonable costs? THANKS AGAIN ALL FOR YOUR PROMPT HELP!!!!!!!!!!!

it has been posted through her door saying; Please find enclosed a statutory demand under section under section 268. The demand is reference to your outstanding judgement XXXXXX I am no prepared to accept XXXX per month to repaagy this debt. I would like you to contact me and offer a suitable, voluntary, offer to repay this debt at a mutually agreeable rate. If you do contact me regarding this matter and we can agree suitable terms i will not present the bankruptcy petition to the courts. Form 6.2 included. This is why we completed budget forms to see if we could up payments in the first instance but thinks are too tight currently plus also i think he would likely to decline just because he's that type of person. It has been suggested to me before that its a hollow gesture to force us to pay but its a gamble I'm not willing to take as its my mother in laws house, etc.

Thank you it did seem a bit dodgy but obviously the threat of bankruptcy and selling houses makes you lose perspective!

Also if she can set aside what forms does she need to complete?

Hi can anyone please help me? My mother in law has just been sent a statutory demand under section 268. She has approximately £3500 outstanding on a debt from a creditor that she has been paying for the last 5 years which she got acting as a guarantor for her daughter. She received a CCJ in connection with this originally and completed attachment of earnings forms which the judge later used to set up the installments to repay the creditor with an AOE Order, she has never defaulted from this original agreement within five years. Now she is obviously beside herself with worry just before Christmas of being forced to sell her house. Can she ask for this to be set aside as she has never defaulted and is continuing to make repayments, its simply the creditor wants his money quicker as stated in his letter to her. I have completed budget forms with her and things are tight enough for her without having to up the payments to him and we cannot get the debt under £750, what can we do? I would be interested in your responses.