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Hello I am looking for a little advice please in relation to a Statutory Demand - this has been sent to me and I am unsure who i respond to, do I print off the 6.4 and 6.5 forms for setting the stat demand aside which is what I wish to try and do and sensd it to the creditor or do i send it to the courts? The statutory demand received is not stamped by the court so i don't know if I am meant to send it to the court or the creditor or both?

 

Thank you in advance for your help

 

(Name removed)

Edited by Andyorch
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And for what type of debt...amount ...petitioner?

 

Andy

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Hi,

 

That's my Sister posting, I pointed her here as I have had some good advice in the past.

 

It's from a company not a DCA. They claim monies owed for services provided which are disputed.

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Hi,

it is actually my dad who received it and it was sent by a tenant who trades as Worldwide Confidential Services (WCS)

- he has been living in our property rent free since April 2014

in exchange for help with financial / property and other issues my parents have.

 

 

It is very complicated but he claims my dad owes £30+k for hours he worked when in actual fact he got free rent for helping.....

 

 

The problem is he states he has some agreement which apparently my dad signed

stating that he would pay him so much per hour

- my dad doe not believe he has signed anything and looking through everything I can't see this either...

 

 

This tenant has recently fraudulently signed an agreement for selling a property of ours

- he forced my dad to sell then on his signature as a witness he signed it in a fake name..

 

 

. The stat demand shows his wife's name claiming under WCS as I guess that way

we can't say anything as she has not been involved....

 

This is all very complicated

but right now i just have no idea who to send the 6.4 & 6.5 forms to and if we are to respond WCS who sent it...

 

 

. The stat demand has not been stamped by the courts

i assume they have just printed it but then i do not have a clue if they are to get it stamped before sending it to my dad.

 

I hope all of this makes sense. Thank you

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Stat demands do not see the inside of a court until you dispute it (set a side ) or the petitioner proceeds to and files for Bankruptcy.

 

Forms 6.4 and 6.5 in the link below.

 

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

We could do with some help from you.

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Thanks Andy, so send the set aside to the named court? should we also write back to the petitioner in the meantime to dispute or wait for our day in Court?

 

No requirement to talk to the petitioner yet...simply submit your set a side and attach your affidavit stating the grounds of the dispute and why you feel the SD has no merit.

 

You are aware of the timelines I assume in making the set a side?

We could do with some help from you.

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Thanks Andy, I believe its 18 days?

 

My parents were going to drop it off at the court in person yesterday but they received some odd advice when they rang the court about it not having a court stamp on it hence all the confusion, from my reading anyone can fill in a stat demand form and send it without any involvement from the court.

 

The SD refers to an agreement my father has supposedly signed which they have not produced when I requested a copy of it, they actually suggested we pay the solicitor who drew this up £800 to get a copy!

 

It's a complex mess sadly as my Father is not a well man in his 70's with heart trouble, diabetes and tinnitus, it looks like they have been taken advantage of by someone who was supposed to help them... the company in question also is holding a further 22k of my parents money on account and refuse to release it or vacate the property they are in due to this agreement which can't be produced! the agreement supposedly also gives them a 3 year option on the property and full refund of any money they spend on it so they claim a section 21 isn't valid here.

 

Worse is that the company are supposed legal specialists, the owners are not actually solicitors or barristers they offer advice but always use a certain solicitor when it comes to court matters, however their solicitor has also been acting for my parents, what a mess :-(

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