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Statutory Demand help


johnny150
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Hi folks,

 

Bit of an unusual one - we have recently issued a statutory demand against a bank, having successfully sued in court.

The demand allows 21 days to pay or respond.

Those 21 days are nearly up and I wondered if anyone has any experience of these, and what the next steps are...

Maybe they will pay up on the 21st day?!

 

any help appreciated.

thx.

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Technically you can go for a winding up petition on a company if the debt is over £750. Against a bank though?

 

What is the value of the claim?

 

Might be better to escalate it and get the court bailiffs involved.

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Hi, Claim amount below 10k, so technically no the high probability is the bank is not insolvent, but just ignores court papers, as they feel they are above it all.

A winding up notice in the London Gazette may effect their share price!... but we are not sure which way to go ..

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Take it through to winding up, but make sure you get the process absolutely spot on.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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What made you go down the insolvency route as opposed to the civil claim route ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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hi there - thanks danboy .. yes everything has been properly done as far as following the MOJ website/insolvency service site and help from a solicitor. We are only concerned we are playing with the big boys, and issuing a winding up notice on a high street bank may have its consequences. we are not sure as there is no information on this anywhere....

 

42 Man - we took the civil claim route through the courts. The court awarded us monies and the bank just ignored the ruling - in fact they have ignored the court multiple times. Solictior told us bailiffs will be longwinded so we gave them the worst they can get...

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If all your processes are tied up tighter than an otters pocket then go for winding up.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thanks 42Man - it was the court office who suggested a Stat demand in the first place as everything they had sent had been ignored (not that they officially give legal advice!) - and a solicitor friend... we can't fathom how these banks work though - they seem to be complete and utter idiots of the highest order.

I will keep this thread updated with what happens, and when we can reveal the name of these foolish cretins, be sure we will - unless of course you read it on the front pages of your daily rag first!

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Bear in mind that they cannot apply to set aside this kind of statutory demand – their only option is to pay, or reach an agreement with you not to pursue it.

 

The next step is for you to issue a winding up order, which they would have to challenge in court (or pay what they owe, plus costs). Sounds like you have it nice and tight – but you will have to do this through a solicitor, as it’s now the High Court you’re engaging with.

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