SD cancellation?

[winnie_uk]

Settled amount with landlord. Received receipt for monies paid and on receipt he put - No further action will be taken.

How do i cancel my SD i received last week?

[ploddertom]

I'll ask to see if anyone knows.

[citizenB]

Did you make any attempt to have the SD set aside - eg take any papers to your local court ?

 

A statutory demand doesnt enter the court system until the person it is served on ie YOU, applies to have it set aside at the court.

 

So if you had not started to deal with the Set Aside.. then there is nothing to be done with it. Just ensure you keep that receipt and all the paperwork you have in a folder somewhere so you have proof that it has been dealt with.

 

If you did take papers to the court to sign the affidavit and start the set aside process, then you should just let the court know by way of a letter that it has now been dealt with. Make sure you use any reference numbers on the Stat Demand so the court knows which one to withdraw.

[winnie_uk]

No, i havent set aside anything yet. Still got 5 days left.

Shall i still go to court and set aside SD (fill forms 6.4 and 6.5) now and attach this letter as proof of debt sorted?

[citizenB]

No, if you havent submitted the application to set aside - then there is nothing to cancel

 

As I explained in the earlier post - the company havent issued via the court - so until the application to set aside is submitted, the court are not aware of anything having been sent to you.

[winnie_uk]

Sorry - still dont understand. I had impression that this SD is already in court and waiting for my response (to set aside, etc) .

So if i have settled this demand with my landlord - i dont have to do anything at all? Court is not going to proceed further with this demand since they haven heard from me? Sorry if i sound silly - i'm no expert in this and this is my first time (hopefully last).

[citizenB]

No - this is why these companies use this form of "Debt collection", because there are no court fees to issue it and no costs to them if it set aside.

 

You can if you wish waste your time completing the Set aside forms, go to the court and have them look at you as though you have lost the plot.. but I promise you, they will not know what you are on about.

 

You are the only (aside from the company who served the SD on you) who knows this has been given to you. The Court have NO paperwork at all, they have not been told that an SD has been issued.

[winnie_uk]

citizenB - thank you for explanation. I had impression that SD was already in court and waiting for my response or cancellation of it.

[citizenB]

citizenB - thank you for explanation. I had impression that SD was already in court and waiting for my response or cancellation of it.

 

No, it is the reason that companies started to use these Stat Demands. Originally people would get one and automatically pay up or make an arrangement to pay - in effect it was a class act debt collecting tool, simply because it hadnt already entered the court system.

 

 

With the Stat Demand - either it works immediately and no further work needs to be done by the issuer. Or the person in receipt of the SD can apply to have it set aside - the issuer can then say, well we dont really want to make you BR so if you want to come to an arrangement !

 

If the application to set aside has been already been submitted, then any further work required to withdraw it is down to the applicant (the recipient) of the SD.

[winnie_uk]

Actually someone from moneexpert forum wrote - Because unless he (landlords)confirms to you in writing that he is withdrawing the Stat demand he can still make you bankrupt. You only have 18 days to set aside the SD so the quicker you file a SD set aside on the basis that you have paid the landlord in full the better.

[42man]

You have paid.....as long as you have proof of the payment, it is extremely unlikely that you will face a petition....if he does issue a petition then you can easily set it aside and claim your costs. If it was me in your position then I would not be setting it aside....

[Guest]

ditto, an sd is a prerequisite re a petition for bankruptcy. if there is no outstanding debt re the sd, then there can be no valid petition.