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mikeforan

Statutory Demand Question

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Is it legal to inform Accountants, Bankers, and Regulators of a company about a Statutory Demand which I issued for an unpaid debt?

 

Can there be any comebacks from a legal point of view which I should be aware of?

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It is a good question Mike, and i'm not 100% sure but I have never heard of anything being quoted until it got to post bankruptcy stage as it could prejudice the debtors status until it was set aside at either demand or petition stage....my feeling is it wouldn't be wise to inform anybody at demand stage....


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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It is a good question Mike, and i'm not 100% sure but I have never heard of anything being quoted until it got to post bankruptcy stage as it could prejudice the debtors status until it was set aside at either demand or petition stage....my feeling is it wouldn't be wise to inform anybody at demand stage....

 

This website seems to suggest that it is legal to advertise the service of Statutory Demand in a Newspaper. If this is the case then surely informing Accountants, Bankers and Regulators etc is not as bad? Can anyone clarify this point please? I just do not want to inform the above and end up paying for damages instead of getting my money back.

Further, does the same rules apply when serving SD on a company?

 

Here is the link to this website and excerpt from it.

 

Statutory Demand Issues - Free Statutory information

 

(This paragraph is under PROOF OF SERVICE OF SD)

Where the creditor has taken advantage of Rule 6.3(3)(newspaper advertisement), the affidavit must be made either by the creditor himself or by a person having direct personal knowledge of the circumstances; and there must be specified in the affidavit:"

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I was led to believe that it couldn't be advertised at stat demand stage only at Bankruptcy Petition stage.


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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From my "limited" research into this (I have recently been issued with an SD that I made an application to set aside at court today).

 

However I have been reading a lot and from what I can make out it is standard practice (I don't know about legal) is to publish (I.E in the London Gazette etc) of a SD on Corporate debtors ONLY, not individuals. If the debt is a corporate debt and the Creditor seeks to publish they have to also state this in their original affidavit.

 

Again, I am only coming up to speed with all this so might be wrong.....

Edited by AngloIrishGuy

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" it is standard practice (I don't know about legal) is to publish (I.E in the London Gazette etc) of a SD on Corporate debtors ONLY, not individuals. If the debt is a corporate debt and the Creditor seeks to publish they have to also state this in their original affidavit.

 

I just checked the London Gazette's website for published statutory demands but didn't find any. However, it gives details of what types of notices can be published. Unfortunately, only Statutory Demands for Individuals can be published but must be done by professionals. It is contrary to what you discovered.

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