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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....

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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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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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