Please Help! I received a Statutory Demand tonight and don't know what to do!

[citizenB]

If you have other creditors with more priority, then there is very little point in them making you bankrupt ?

 

Your mortgage provider and any secured debt will take priority. I would think school fees will come very low down the list.

[GNA]

I have, but only the solicitor responded.

[citizenB]

I have, but only the solicitor responded.

 

Righto.

[GNA]

Hi, I have had a reply from the school saying they will not intervene regarding the debt or accept promises to pay and all correspondence should be addressed to the solicitors, this seems to be a reply to my emails over the weekend.. I haven't heard back from the solicitors after I sent them a reply this morning asking them to reconsider the payment plan. It seems they are keen to go through with this process, not sure it will achieve anything. Should I start to complete paperwork?

[citizenB]

Yep, I think it might be in your interest to start to complete the paperwork. I will dig out the links to the forms for you and also ask others to look in and help with your statement.

[GNA]

Thank you, should I seek legal advice also,

[citizenB]

I will ask what you should be doing for the best. You could speak to National Debtline - they might also be able to advise. I will put their contact information at the bottom of this post It might be worth contacting them anyway for help in completing a Common Financial Statement (Budget planner).

 

Here are some reasons how you can get a set aside.

 

 

The procedure to get a statutory demand set aside.

 

After the period of 21 day from the statutory demand being served the person issuing the statutory demand may begin the process that petitions the person’s bankruptcy.

 

One method of avoiding bankruptcy is to get the statutory demand set aside.

 

To successfully get a statutory demand set aside one or more of the following must be satisfied:-

 

•The amount stated on the statutory demand is disputed.

•The person issuing the statutory demand also owes money. This is called a counterclaim.

•The person issuing the statutory demand is holding security that equals or exceeds the amount owing.

•The demand was issued in error.

•The amount owing is less than £750

•Execution has been stayed on a judgement debt.

•The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back.

•The creditor failed to comply with the rules and prejudiced the debtor in the process.

 

 

 

These are the forms that you will need to complete.

 

http://webarchive.nationalarchives.gov.uk/+/http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf

http://webarchive.nationalarchives.gov.uk/+/http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf

 

Below are the contact details for National Debtline.

 

http://www.nationaldebtline.co.uk/england_wales/

 

or call National Debtline free on 0808 808 4000

Monday – Friday 9am-9pm

Saturday 9.30am-1pm

[citizenB]

Whilst you confirm that you do not dispute this debt, do you know if there are any charges added that could be disputed ?

[citizenB]

It has been suggested you take the following route.

 

Ok my approach would be to set a side the SD and offer the original payment agreement as evidence and the reasons to why it broke down and why its being offered again renewed and improved.

 

Attaching the Solicitors refusals.

[GNA]

Thank you, I will complete the forms tonight. Although I don't dispute the fees themselves I think the interest charged on the debt was harsh given I couldn't afford the fees at the time to add considerable interest was slightly unfair, I am sure however the interest charged is stated in their document signed when you send your children there.

[AndyOrch]

Thank you, I will complete the forms tonight. Although I don't dispute the fees themselves I think the interest charged on the debt was harsh given I couldn't afford the fees at the time to add considerable interest was slightly unfair, I am sure however the interest charged is stated in their document signed when you send your children there.

 

Check for certainty then GNA if its not the debt is inflaited and therefore disputed which adds further to your reasons. (evidence)

 

Regards

 

Andy

[GNA]

I will, thank you.

[42man]

I think you have been more than reasonable in offering what you can afford, I think that unless you find a reason to set aside or unless there is an abuse of process in the stat demand / petition, then you might need a sympathetic judge who will allow you to pay in exchange for a charge on your house. If there is a dispute (and it needs to be either substantial or potentially a 'triable' issue) then you need to highlight this. Is the interest rate incredibly high or excessive charging ?

[mr1967]

How is this going? I have also received an SD for school fees and am trying to find a solution: http://www.consumeractiongroup.co.uk/forum/showthread.php?407383-Statutory-Demand-received-but-already-have-repossession-order-help&p=4382658#post4382658