Statutory Demand Urgent Please

[Cimulka]

Hi all.

I am new here however,

 

I really need a qualified advice.

I received a statutory demand on 13/01 this year.

However in the email they are stating this was served on 21/12/2015/

Even I moved house I was regularly visiting my old address and no letter was delivered.

 

The statutory demand is served on my based on judgement from foreign EU country.

 

I was not present on the hearing (I did not know about it) but a representative was pointed to represent me.

 

I found that the Judgment is not enforceable in the UK according to EC Reg 2001/44.

 

I would like to apply statutory demand to set aside but I am not clear about my grounds.

 

On the form 6.5 is stated:

 

© Insert one of the 8 following alternatives or if none of them are applicable state grounds on which you consider the statutory demand should be set aside

(1) “Do not admit the debt because…” [here state grounds] or

(2) “Admit the debt but not that it is payable immediately” [state reason], or

(3) “Admit the debt as to £ , and that this is payable but that the remainder is not immediately payable. I am prepared to pay the amount of £ immediately” [state reason], or

(4) “Admit the debt and am prepared to secure or compound for it to the creditor’s satisfaction by …”

[state nature of satisfaction], or

(5) “Say that the debt is a secured debt” [give full details of security and its value], or

(6) “Have a counter-claim (or set-off or cross demand) for £ being a sum equal to (or exceeding) the claim in respect of” [here state grounds of counterclaim etc.], or 2. That I ©

(7) “Say that execution on the Judgment of the Court has been stayed” [give details], or

(8) “Say that the Demand does not comply with the Insolvency Rules in that ………”

[state reason]

 

I would choose number 8 and describe that it was not served in correct way. Not sure if I can use the part about judgement from foreign country.

 

Any help, advice will be much appreciated.

 

Many thanks

[fkofilee]

Welcome to CAG Cimulka...

 

Please give us more information on the debt itself?

 

If it is an overseas debt and it is being claimed for over here, where is the debt from, how much is it for?

Do they have a Court Order in their own country for it?

[Cimulka]

Thank you.

 

Judgement is from EU country from 2012.

I was as a guarantor.

 

Although I live in London since 2009 and I did not have a clue about the hearing. Judgement was delivered to me in 2014

 

. A third party represents a creditor in the UK and they have sent me an email about statutory demand.

 

I have kind of accepted the debt by making some payments last year even I do not agree with the judgement and debt itself.

My silly mistake.

[AndyOrch]

If the stat demand is based on a previous judgment (CCJ) you cant set it a side...you have to set a side the judgment which the Stat Demand is connected to.

 

Where was the CCJ issued? Czech Republic

Where was the Stat demand served?

 

Which country are you residing in now and are you employed?

 

Regards

 

Andy

[Cimulka]

Thank you adyroch. Judgement was issued in CR, statutory demand was served as well as my country of residence is UK.

[Old Cogger]

CR = czech republic?? or croatia, state the full name when asked saves time on here abbreviations can be twuisted to fact! and time consuming

[Cimulka]

Czech Republic

[AndyOrch]

So the judgment was issued in Czech Republic served from the UK Court?

 

And the Stat Demand was served where ...also Czech Republic ?

 

And now you live in the UK?

[Cimulka]

judgement was issued in 2012 in Czech Rep and delivered to me in 2014 in the UK. Stat Demand was served in the UK via email last week.

 

and yes I live in the UK since 2009

 

judgement was served by the Czech court not UK. there is not UK judgement at all.

[AndyOrch]

So this is a Czech Judgment and the Stat Demand was Czech but served by email to your UK home

[Cimulka]

statutory demand was served in the UK based on Czech judgement via email.

[AndyOrch]

Service within the EU

Direct Service not allowed

 

If a member state (see list below) has objected to 'Direct Service', service will be carried out in accordance with the Service Regulation through the Foreign Process Department (FPD) at the High Court in London.

 

For these cases the statutory demand should be prepared with the time limits of 18 and 21 days amended for service out of the jurisdiction. It should then be forwarded through yourTechnical Advisor to (This text has been withheld because of exemptions in the Freedom of Information Act 2000)Solicitor's Office who will liaise with the FPD at the High Court.

 

EU States which have objected to direct service

 

The following member states have objected to Direct Service

 

Austria

 

Czech Republic

 

Denmark

 

Estonia

 

 

http://www.hmrc.gov.uk/manuals/insmanual/ins11266.htm#5

[Cimulka]

Not sure if I understand it correctly. Does it mean that if I wish to apply statutory demand set aside (if this is based on a judgement from Czech Rep) I need to make application to High Court?

[AndyOrch]

The way I read it they are not allowed to issue a SD direct from Czech Rep and neither has the Judgment got any standing here either.

[AndyOrch]

The following may be of interest.....this is UK law.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part78

[Old Cogger]

UK based solicitor, then complaint to SRA ? abuse of process?

[Cimulka]

Thank you for this. I have already pay them some money. Thank you for all useful links and thoughts

[unclebulgaria67]

Thank you for this. I have already pay them some money. Thank you for all useful links and thoughts

 

It would probably be helpful to those who know about SD's to actually see the SD that has been issued. Perhaps the emailed SD can be forwarded by email to CAG admin address, so it can be looked at ?

 

Does the SD mention the Hight Court in London ? I thought an SD usually had to detail which court the debtor could apply for a set aside ?

 

In the first post, it mentions that a representative was sent to the Czech court in 2012. If this is so, why was the court judgement not received until 2014 ? Surely the representative was aware of the judgement and have advised you of this. You entered into some payments and have stopped. The claimant has now issued the SD, but may not have followed the correct process.

[AndyOrch]

Simply upload it here...no need to keep it off the thread. (obscure any identifying data first)

 

Andy