HELP - Connaught statutory Demand

[Belaflat]

I ignored mine from them 6 months ago.

They dont know where I am for sure and its gone quiet since then.

[Belaflat]

For those who are worried sick about statutory demands, this site, NetLawman has some info on thier use.

 

For the benefit of the Mods, it is a commercial site that specialises in selling procedures to our foes, DCA's and such but also offers free help and advice (although not to us I would wager)

 

There is nothing that any of us would want to use on there except information which explains how DCA's might think and act so I apologise if posting the link has crossed the boundary.

 

Here is an extract from the page

 

The reason why a statutory demand is so powerful is that the mere issue of a petition, no matter how easily dismissed, triggers a domino effect on borrowing and many other agreements. The usual words in any legal agreement, which entitles a party to avoid the agreement often, refer to the issue of a petition rather than an order for winding up. So your enthusiastic debt collection really could wipe out the largest of companies.

 

Reading the page further, this extract shows why nearly all the SD' posted about here are toothless.

 

Proof of service of statutory demand

 

Where under section 268 the petition must have been preceded by a statutory demand, there must be filed in court, with the petition, an affidavit [or affidavits] proving service of the demand.

The affidavit must have exhibited (attached) to it a copy of the demand as served.

Subject to the next paragraph, if the demand has been served personally on the debtor, the affidavit must be made by the person who effected that service.

If service of the demand (however effected) has been acknowledged in writing either by the debtor himself, or by some person stating himself in the acknowledgement to be authorised to accept service on the debtor's behalf, the affidavit must be made either by the creditor or by a person acting on his behalf, and the acknowledgement of service must be exhibited to the affidavit.

If neither paragraph (3) nor paragraph (4) applies, the affidavit [or affidavits] must be made by a person [or persons] having direct personal knowledge of the means adopted for serving the statutory demand, and must:

 

(a) Give particulars of the steps which have been taken with a view to serving the demand

(personally), and

 

(b) State the means whereby (those steps having been ineffective) it was sought to bring the demand

to the debtor's attention, and

 

© Specify a date by which, to the best of the knowledge, information and belief of the person making

the affidavit, the demand will have come to the debtor's attention.

The steps of which particulars are given for the above purposes must be such as would have sufficed to justify an order for substituted service of a petition.

If the affidavit specifies a date for the purposes of compliance with sub paragraph ©, above, then unless the court otherwise orders, that date is deemed for the purposes of the Rules to have been the date on which the statutory demand was served on the debtor.

Where the creditor has taken advantage of Rule 6.3(3)(newspaper advertisement), the affidavit must be made either by the creditor himself or by a person having direct personal knowledge of the circumstances; and there must be specified in the affidavit:

 

(a) The means of the creditor's knowledge or (as the case may be) belief required for the purposes

of that Rule, and

 

(b) The date or dates on which, and the newspaper in which, the statutory demand was advertised

under that Rule;

 

and there shall be exhibited to the affidavit a copy of any advertisement of the statutory demand.

The court may decline to file the petition if not satisfied that the creditor has discharged the obligation imposed on him by Rule 6.3(2).

 

If you would like to read more or perhaps peruse the site then visit here