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Statutory Demands - Here is a MUCH easier way to deal with them


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I too used this approach prior to finding this site and it is now 8 months since the SD was sent to me. I stubbornly did ignore it, but did sent a CCA which has since seen the alleged account closed.

 

Not sure though if the experts on here would see this as the alternative to the set aside approach. I was unable to read your attachment.

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What is important to know is how serious the company are at making you bankrupt......and the service of the demand.....

 

SIR DONALD NICHOLLS V-C said that under Insolvency Rule 6.5(4) the court had a wide discretion to set aside a statutory demand on an application by the debtor. The principles on which the court should exercise that discretion had been considered in two recent decisions: Re a Debtor (no 1 of 1987) (1989) 1 WLR 271 and Re a Debtor, ex parte the Debtor v Printline (Offset) Ltd (1992) 2 All ER 644. The consequences to which a statutory demand led if not complied with was a presumption that the debtor was unable to pay the debt in question. That, in turn, enabled the creditor to present a bankruptcy petition.

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