I am new here however,
I really need a qualified advice.
I received a statutory demand on 13/01 this year.
However in the email they are stating this was served on 21/12/2015/
Even I moved house I was regularly visiting my old address and no letter was delivered.
The statutory demand is served on my based on judgement from foreign EU country.
I was not present on the hearing (I did not know about it) but a representative was pointed to represent me.
I found that the Judgment is not enforceable in the UK according to EC Reg 2001/44.
I would like to apply statutory demand to set aside but I am not clear about my grounds.
On the form 6.5 is stated:
© Insert one of the 8 following alternatives or if none of them are applicable state grounds on which you consider the statutory demand should be set aside
(1) “Do not admit the debt because…” [here state grounds] or
(2) “Admit the debt but not that it is payable immediately” [state reason], or
(3) “Admit the debt as to £ , and that this is payable but that the remainder is not immediately payable. I am prepared to pay the amount of £ immediately” [state reason], or
(4) “Admit the debt and am prepared to secure or compound for it to the creditor’s satisfaction by …”
[state nature of satisfaction], or
(5) “Say that the debt is a secured debt” [give full details of security and its value], or
(6) “Have a counter-claim (or set-off or cross demand) for £ being a sum equal to (or exceeding) the claim in respect of” [here state grounds of counterclaim etc.], or 2. That I ©
(7) “Say that execution on the Judgment of the Court has been stayed” [give details], or
(8) “Say that the Demand does not comply with the Insolvency Rules in that ………”
I would choose number 8 and describe that it was not served in correct way. Not sure if I can use the part about judgement from foreign country.
Any help, advice will be much appreciated.