Re: Statutory Demand Set Aside Form 6.4

[42man]

You could also drop a note to the solicitors too....

 

Dear Sir / Madam

 

Further to your recent correspondence.

 

I wish to confirm that I will be applying to the courts to request dismissal of the statutory demand dated XXX

 

As your client and yourselves have been fully aware of this dispute and the background of this case, I find it unusual for anybody to issue such a frivolous and unlawful demand, and in light of the circumstances surrounding your clients actions. I will be claiming mine and my solicitors / barristers costs in court.

 

I trust this makes my position completely clear.

 

Yours sincerely

[brokebutnotbeatn]

you have 42man's response and he has bags of knowledge.

I have not said you were doing anything illegal, just trying to see what you have to refute his claim. You are not answering any of my questions - entirely up to you not to of course!

[mpctc]

What evidence do you have that you conducted any work for him other than your word? Is there any other reason that you were, or could have been, in the USA. how have you accounted for these payment from a tax perspective? have you advised his lawyers that the monies were for services rendered - or have you just denied a loan.

Rather than respond defensively (which is ahrd I know), try and keep the emotion out of it. stand back and look at the facts objectively and think if you ahve anything (as his lawyers asked) to substantiate your claims (over his). Whilst the burden of proof is undoubtedly on him to prove it was a loan it is important you try and think what you have to counter this. his proof is that monies were paid, to your wife, on a number of consecutive months. he can prove payments. ergo his claim. You will need to get this SD set aside. Courts do not judge on emotion but on what can be shown to be fact.

 

Not answering was unintentional.

 

I can prove that the work was completed through testimony from others in the United States.

 

The consultancy was the declared reason to CBP on entry

 

All payments are shown in my accounts and will be declared.

 

I have not, but will now advise his solicitor of the reason for the payments. Also, I believe his solicitor is being lied to by his client.

[brokebutnotbeatn]

OK no probs. emotions do run high with these disputes! make sure you line up your evidence; get your testimonies (once you have them, you have them in case this rears its ugly head in a few years time)...great that you show the payments in your accounts. Just be prepared to state the facts that you can substantiate if you need to and get this set aside according to 42 man's advice.

[mpctc]

It might be a good idea also to post up the demand too....it is worth checking to see if there are any other abuses of process, but if you do then hide any personal details...