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I'm back now with the last leg of this nightmare. After 3 months of non-payment since judgment was awarded in my favour, I served a stat demand on the cowboy. The guy is quite thick and is reacting in the wrong way to it. He has written me two totally dimwitted letters making all sorts of bizarre dishonest accusations and is accusing me of perjury and bordering on blackmail. Following the first letter, I made it pretty clear where he stood and the costs involved if I put him through bankruptcy. He has written yet another totally daft letter without any offer of payment. What I wanted to ask is from a legal perspective am I supposed to respond to these letters and clarify that he is lying and I have proof to the contrary or shall I just go straight to court now and get on with the bankruptcy procedure?

 

Tell him if he wants to accuse you of perjury and blackmail he should go to the police. Tell him that as you have done neither you are happy for the police to investigate as you have nothing to fear.

 

Was your stat demand was for the sum awarded you in court as a CCJ? If so and the court deemed it was payable "forthwith" then it seems likely any attempts by him to cry "perjury" can be fended off by "it was the court's decision : appeal it if you wish, but it is owed according to the court"

 

Tell him if he wants to argue the stat demand, then court (again) is the place to do it, when you start bankruptcy proceedings. Remind him that advising him there are costs involved in bankruptcy isn't to blackmail him, but so that he is aware of the consequences of his actions.

 

Then go to court. Let him know that then he can blame the court rather than you when the court finds against him again ...... Provided (of course) that you believe you will recover sufficient OR (by now) you don't mind taking the financial "hit" if he has limited assets.

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