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Thread: Received Statutory Demand for 8 years old debt

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  1. #1
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    Default Received Statutory Demand for 8 years old debt

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    Last edited by Anonymouse12; 14th May 2016 at 17:26:PM.

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    Default Re: Received Statutory Demand for 8 years old debt

    What was the judgment following the court case over 8 years ago?

    Am I right in assuming that you didn't take legal action regarding the money you say is owed to you?

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    Default Re: Received Statutory Demand for 8 years old debt

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    Last edited by Anonymouse12; 14th May 2016 at 17:26:PM.

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    Default Re: Received Statutory Demand for 8 years old debt

    So then he holds a judgment against you for that amount.
    Was this to be paid 'forthwith', or were there repayments conditions, and if the latter, what happened?

    I appreciate what you say about him owing you more than you owe him, but the simple fact is that he holds a judgment against you, where you don't have one to cancel that out. In legal terms, he seems to hold the cards here.

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    Default Re: Received Statutory Demand for 8 years old debt

    Quote Originally Posted by Kafka View Post
    So then he holds a judgment against you for that amount.
    Was this to be paid 'forthwith', or were there repayments conditions, and if the latter, what happened?

    I appreciate what you say about him owing you more than you owe him, but the simple fact is that he holds a judgment against you, where you don't have one to cancel that out. In legal terms, he seems to hold the cards here.
    There was no repayment plan - it was to be paid "forthwith" but then he disappeared for 6 years and appeared only one year ago once, when he instructed his lawyer. Once I responded to his lawyer, he disappeared again.

    Now he appeared again with statutory demand. Is it possible so? Should he need a lawyer to serve me a statutory demand? And what about his debts to me as well?

    What would you suggest? Shall I challenge the demand to be "set aside"? I can prove his debt.

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    Default Re: Received Statutory Demand for 8 years old debt

    His alleged debts to you are zero in this case until you get a CCJ on him after this 8 years might be a problem you can challenge the SD set aside after so long may be impossible you need a Solicitors advice here

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    Default Re: Received Statutory Demand for 8 years old debt

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    Last edited by Anonymouse12; 14th May 2016 at 17:26:PM.

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    Default Re: Received Statutory Demand for 8 years old debt

    Quote Originally Posted by Anonymouse12 View Post
    Isn't the CCJ to him become statute barred after 8 years?
    No - a CCJ doesn't go statute barred, however to enforce on the CCJ he would need to obtain permission of the court. CPR 40 (4) If no payment has been made under the judgment or order for 6 years before the date of the application, the court officer must refer the application to the District Judge. The Judgment holder must explain why they haven't enforced for 6 years. I'd guess being in prison is a good reason though.

    With a Judgment he doesn't need to do a stat demand to bring bankruptcy proceedings - but should ask the court for permission to enforce and that enforcement fail before doing so.
    Is the Stat Demand form 6.2 ? You could apply to have it set-aside but it sounds like it would be safer just to make an arrangement to pay it.

    If you feel he owes you more than you owe him, then you need to bring a claim against him. You can sue him while he is in prison. You might have issues with limitations on your side though if the debt he owes you was over 6 years ago. But it is a completely spearate thing, you lost in court and have been judged you owe him the money, therefore you need to pay it.

    You should also get in contact with the police regarding the threats and the intimidation you are under from this man.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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