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A question re: statutory demands/enforceability


mcac
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I hope this question makes sense; sorry if it doesn't:

 

If a DCA took you to court after they had issued a statutory demand would they be able to have it enforced by the judge if the CCA issued didn't meet with all the prescribed terms?

 

Any advice gratefully received

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I wouldn't rely on it in it's entirety...i'd look closely at the process of the service of the demand, and also aspects of termination notices, assignment notices, default notices (which are correct and contain the prescribed terms), possibly charges....it would also be up to the judge as they do vary...

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Is this a hypothetical case (lots of 'if's in there)?

 

If the Statutory Demand was served on you did you apply to have it set aside? If not then it stands, and the claimant can now petition for your bankruptcy.

If you did apply to have it set aside then on what grounds? Was the set aside application successful?

 

If the 'DCA took you to court' was this a bankruptcy hearing or a County Court claim?

 

One small point : a Staturory Demand is sent directly to the debtor by the creditor. The court is not involved - there is no concept of it being 'enforced by the judge'. If it has provably been delivered to you (served) then it exists and is valid.

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