Help Please! Stat Demand

[42man]

If your mother has been paying religiously, and not missed any payments in line with a written agreement or a court order then estoppel would come into play. It is a complete defence, you should set this aside and claim your costs in the process.

 

You have got 18 days from when you received the stat demand to set it aside.

 

Your 6.5 (Witness statement) should read along the lines of

 

The defendant firmly disputes the claimants actions, which are clearly a frivolous and unlawful attempt to pressurise the defendant into paying.

 

The defendant has been maintaining payments on a County Court Judgment dated (if you don't have the exact date then say 'on or around').

 

The defendant avers that the claimant is judicially estopped 'by record' and any further relief under the insolvency rules is vehemently denied.

 

The defendant avers that the use of the demand in this instance is a deliberate attempt to frighten the defendant into paying thus making the presentation of a demand unlawful.

 

The defendant notes that no attempt whatever at personal service has been made.

 

I quote - Judge Boggis QC - RE AWAN - [2000] BPIR 241

 

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly.

 

The defendant gracefully requests that the judge orders the dismissal of the petition and pays costs either in the indemnity or in the standard.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the cases of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

Edited December 19, 2012 by 42man

[42man]

You may also like to write a short letter or email to the claimant stating.

 

Dear Sir / Madam

 

I am in receipt of your statutory demand which was received by me via (1st Class/2nd Class post) on (date). For the record I will not be entering any kind of litigation via the postal service and will be setting this aside in the Colchester County Court and claiming my costs in the process.

 

I trust this makes my position completely clear

 

Yours faithfully.

[42man]

What is the debt for if I can ask ? any PPI ? excessive charges at all ?

[42man]

I have edited post #19...

 

Once you have filled out forms 6.4 and 6.5 make sure you sign and date the 6.5 then you need to take the original stat demand along with your 6.4 and 6.5 (please take several copies of each) then you need to preferably visit the court (there is no cost in setting aside a stat demand in a local county court) and hand in the documents. You should wait for a hearing. If the creditor has any sense then they will withdraw it, they will lose in court. Your costs need to be in the court so that they are in the file at least 24 hours before the hearing date, but you have time at the moment before submitting your costs, get the 6.4 and 6.5 in at the court - you may like to attach a copy of the original judgment and a statement of payments too, but you need to make reference to these in your 6.5....

 

Keep us posted and if you aren't sure of anything then please do shout....

[42man]

What is the debt for ? any PPI or charges at all ?

[42man]

Ok thanks....and keep us posted too

[42man]

This is quite an appalling decision (it is almost as if somebody over the Christmas holidays just couldn't be bothered with your application)....if they follow through to petition stage then there is no way a judge can allow somebody who is making regular payments against a CCJ to be made bankrupt against their wishes....you can see how the judiciary vary wildly, this stat demand was set aside due to estoppel - http://www.consumeractiongroup.co.uk/forum/showthread.php?318698-Connaught-Collections-Statutory-Demand-Received-**SET-ASIDE-GRANTED**/page4