Grounds to Set Aside Statutory Demand

[Musya]

I incurred my debt as legal costs for divorce. Last week I received Statutory Demand through the letterbox, which I am going to set aside. Would the following evidence be considered sufficient to set aside the Stat Demand?

1. During divorce proceding I paid £10,000 to solicitors.

2. They gave up my case unfinished and requested further £11,000. They have CCJ against me and I am paying monthly £90.0 with no failuire and intend to pay further.

 

Appreciate your help!

[maroondevo52]

Hello and Welcome, Musya.

 

I've moved this thread to a more appropriate Forum.

 

Regards.

 

Scott.

[Musya]

Ok, Thanks.

[nicklea]

I incurred my debt as legal costs for divorce. Last week I received Statutory Demand through the letterbox, which I am going to set aside. Would the following evidence be considered sufficient to set aside the Stat Demand?

1. During divorce proceding I paid £10,000 to solicitors.

2. They gave up my case unfinished and requested further £11,000. They have CCJ against me and I am paying monthly £90.0 with no failuire and intend to pay further.

 

Appreciate your help!

 

A quick question for you. When you got the judgment against you was it a forthwith judgment - ie you had to pay the whole amount immediately. Or did the judgment give you time to pay at 90 quid a month as you are doing at the moment?

 

If the judgment was for the whole amount straignt away then, I would suggest, that you probably don't have much of a defence.

 

However, if the judgment was that you had to pay 90 quid per month and you are doing that then they have no grounds for presenting a SD. It all depends what the answer to the question is

[Musya]

County Court assest my income and expediture and issued Attachment of Earning Order to pay monthly!

[Guest]

musya

as nicklea suggests, one 'discretionary' ground re set aside that the nat debtline says is that where instalments are being made as per a ccj.

http://www.consumeractiongroup.c o.uk...ervice-By-Post

http://www.nationaldebtline.co.u k/en...atutory_demand

Edited March 20, 2011 by Ford

[Musya]

Thank you Ford, Thank you Nicklea.

Just to clarify The Stat Demand is to be paid immediately. Would it change anything?

And one more question to ask:

The Creditor applied Statutory interest pursuant to section 69 County Court Acts1984 accrued at the rate £2.57 from date of CCJ. Can they do that?

Thanks in advance.

[Guest]

musya

stat. interest accrued from the date of judgement has got nothing to do with s69! s69 concerns stat. interest accrued up to the date of judgement, or before. subject to s69(4).

s74 and the associated 91 Order (Stat. Instrument) covers stat interest accrued from the date of judgement.

imo

[Musya]

Thanks, I am ready to file the set aside, I let you know the outcome.

[Guest]

hi

for reference, this is the 91 Order

http://www.legislation.gov.uk/uksi/1991/1184/contents/made

Edited March 21, 2011 by Ford