Statutory Demands

[karonus]

I have now read a number of the messages on the forum, and seen that most of the recommended action revolves around county court actions. Firstly, if the amount claimed is more than £750.00 has anyone considered the idea of issuing a statutory demand, the image of winding up proceedings against a bank is rather amusing. Also, if the debt is more than £1,500.00 and it goes all the way to Judgement why bother with Bailiffs. Have more fun and have the debt transferred to the Sherrifs office, could be more interesting than the bailiffs going in.

 

Steve

[richardc]

Interesting. Tell us more.

[karonus]

After 20+ years in debt recovery, surprisingly I had never come across the acts and the impact on bank charges until Steve's well publicised case against Abbey.

 

In my working life carrying out corporate debt recovery one of the tools used against companies owing more than £750.00 is the statutory demand. For more infor check out

http://www.insolvency.gov.uk/guidanceleaflets/guides.htm#3

 

But basically you issue a statutory demand that does not cost anything to issue (the form is available on the net or from your local cort). The creditor has to respond within 21 days with either a settlement , payment or counter claim. This document must be served on the registered office along with a proof of service (listed in yellow pages). If they dont respond you can apply to have the company wound up. If there are any legal eagles please feel free to expand.

 

Likewise if it goes to the point of getting judgements and the debt is more than £1500 have it bounced up to the sheriffs office. They are on commission and not salaried like bailiffs and will stop at nothing to recover any monies due.

 

Steve

[BankFodder]

Instructing High Court Enforcement Officers is expensive. Also, transferring the case to the High Court costs money.

You have a duty to litigate reasonably.

I would say that with a judgment creditor such as the bank -which is likely to pay up a bailliff should be all that it reasonably necessary.

If that proved not to work, then certainly the HCEO would be a fun thing to do.

[mrshnn]

Re: Stautory Demands - An Update And More Help Please!

my wife has had a stat demand from legal and receivables,we have now got 21 days and we have not replied or had it st aside,we have contacted them and asked if we can enter a arrangement and legal and receivable have said they want the 4500 pounds paid in 3 or 4 instalments,we cannot afford this and have offered £60 a month,they have declined this.

We have a mortgage for £107000 and a secured loan for £20000 and a charge order for £6000 and the value of the house is £125000 so there is a shortfall.

What i am wondering is can they still sell the house and make us bankrupt even though there is no equity.

and also the house is in a joint mortgage so how would that affect things.

Also the account doesnt show on our credit file,the last time it was on file it showed as satisfied.(Maybe debt was sold on to other creditor)

I have tied contacting red castle (gothia) the creditor but we are not getting anywhere.

Any Advice please

[peetr]

If the money is owed and youve admitted it then I think you need to go to either a solicitor or insolvency expert via the Citizens Advice Bureau. I am no expert but I think you may be able to enter a voluntary arrangement or type of administration where most of the debt is written off in return for paying something off. But a professional expert has more clout in negotiations and I think you need advice and dont leave it until they petition for bankruptcy. The stat demand could be a bluff as it costs nothing to issue but dont avoid it as it may not go away- get some proper advice

[peetr]

Also, in the scheme of things £4,500 is not much although it seems like a lot to you. They think its small beer so cant understand you not paying it in 3 goes. But once your circumstances are explained its not really worth the legal hassle just for £4.500 where there is no equity and guarantee of anything in forcing bankruptcy. I might be wrong but I think youll get it sorted with the help of CAB

[Weird Al Yankovic]

After 20+ years in debt recovery, surprisingly I had never come across the acts and the impact on bank charges until Steve's well publicised case against Abbey.

 

In my working life carrying out corporate debt recovery one of the tools used against companies owing more than £750.00 is the statutory demand. For more infor check out

Publications and Guidance Material Issued by The Insolvency Service

 

But basically you issue a statutory demand that does not cost anything to issue (the form is available on the net or from your local cort). The creditor has to respond within 21 days with either a settlement , payment or counter claim. This document must be served on the registered office along with a proof of service (listed in yellow pages). If they dont respond you can apply to have the company wound up. If there are any legal eagles please feel free to expand.

 

Likewise if it goes to the point of getting judgements and the debt is more than £1500 have it bounced up to the sheriffs office. They are on commission and not salaried like bailiffs and will stop at nothing to recover any monies due.

 

Steve

 

A Statutory Demand can often be bluff.

 

If you were to issue one then you have to have the intention of following through with it-otherwise it is pretty toothless and the recipient may just call that bluff.

 

Also, to actually follow it up can cost you a significant amount of money and you have to be sure the amount owed is unlikely to be disputed-otherwise money down the drain.

 

Further, why bankrupt somebody who owes you money? You will hardly likely get it back and certainly not what it cost to bankrupt them-which could be more than what was owed to you in any case.

 

However, if it was HMRC who issued it then I would worry. They don't bluff.

[peetr]

I agree with everything you say, the problem is if you have assets. But Mrshn has no equity. Mrshn was worried about the house which I dont think is a worry. Using one of the forum links to a govt insolvency site I read the situation. Anything under 5,000 can be dealt with by a voluntary arrangent brokered by CAB where the creditor settles for a proportion. However, if the creditor petitions for bankruptcy it would cost a couple of grand with no guarantee of getting any money. The registrar can if the debtor has few assets issue an administration order where the debtor pays only a proportion, the home is kept and the bankruptcy is waived. I know someone who had 50k credit card debt reduced to 5k via administration. Mrshn may have other debts but the 4.5k mentioned is piddling money to banks. They should not worry-just get some help and advice

[peetr]

Heres the website which tells you everything Publications and Guidance Material Issued by The Insolvency Service

 

By the looks of it for people with no equity they can run up as much credit as they like and then get the slate wiped clean if they cant pay. All it takes is a little balls. This is quite comical really because banks charge high interest and penalties but they have no way of enforcing it on people with no equity. The banks lend to anyone without equity and the legal system washes its hands of the bank made mess. Thats why theres a credit crunch

[radster]

Hi , i have got a long dispute with a building company i worked for.

in the begining they were being late at sending cheques , that as they were saying my invoices dont have numbers and a bit hard to solve them.. I did them with numbers but still late pay and some invoices date back december 2008

I sent them a letter before action 10 days ago and that prduced a cheque but still owed 19.000

Intending to send a statutory of demand but can that be done by me without help of a solicitor? and i need to go to their offices and not sending by post?

 

I have recruited a debt recovery company for another small debt but they charge 20percent plus vat on every thing recieved ..

Many thanks for any advice

[karonus]

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