How to set aside/ get an injunction on a Statutory demand against a company

[zoeyr01]

Hello,

 

 

My Partner has had a statutory demand served against his company.

 

 

The Judgment to which the statutory demand relates to is currently being appealed. The Appeal hearing is not until 8th July though and we have until Monday 3rd June to put a stop to the statutory Demand.

 

 

It should be noted that we did actually request in the appeal that there be a stay of execution on the Judgment, however we have nothing formal from the Court yet in this regard because the hearing is not until July.

 

 

The help I need though is confirmation of the correct form to use to set aside/ obtain an injunction on the statutory demand against a Ltd company as I understand it is different to when it is an individual.

 

 

At the moment im looking at forms 6.4 and 6.5. Do they relate to companies or individuals?

 

 

Any advice is appreciated!

 

 

Thanks

[rebel11]

Hi zoe

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[zoeyr01]

thank you, I look forward to hearing from you.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?406102-LEGAL-Form-6.4-amp-6.5-Application-to-set-a-side-a-Statutory-Demand

 

I think the forms in the above link are those that you will need to apply to set aside the Stat Demand. You have 18 days from the time it came into your possession to do this.

 

How was it served on you ?

[zoeyr01]

I believe it is different if it relates to a company? its an injunction as opposed to set a side?

[steampowered]

Yes, correct. You cannot set aside a statutory demand against a company, only ask for an injunction restraining them from the presenting a winding up petition. The form for this is 7.1A. You'd need to attach a witness statement. This can't be dealt with by the local county court, it would have to be issued to the Companies Court, which is part of the High Court in London. Its not easy.

 

The other approach would be to apply to the court which issued the judgment for a stay of execution of the judgment on form N244 attaching a witness statement. This is the proper way to do it. However there would need to be good reasons since generally the fact that an appeal is ongoing does not block enforcement in the meantime.

 

Personally I'd be inclined to wait for them to present a winding-up petition and deal with it then. If the SD has only just been issued I am doubtful they would be able to get a winding up petition heard before July.