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Thread: Newbie advice regarding being served statutory demand papers

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  1. #1
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    Default Newbie advice regarding being served statutory demand papers

    Hi there

    I am new to this so hope this is the right way to go about asking for advice.

    I will keep it as brief as possible but I have outstanding council tax arrears which were for approximately £7,300 but as of today stand at £4990.

    I have been trying to negotiate a monthly payment plan with solicitors to pay £1000 per month to clear debt.

    My parents were at my house while I was at work last week as I had builders in and they opened the door to a man from an investigation company that wanted to serve me a stautory demand.

    He is meant to come round tonight but I have told him that the debt is below £5000 and I am waiting for the solicitors to get back to me with regards to my offer of monthly instalments.

    My question is should I not accept the papers he is wanting to serve me or avoid him and wait for the solicitors to get back to me?

    Any help would be much appreciated as I am feeling very stressed and sick with worry as they are threatening to make me bankrupt.

    Many thanks

  2. #2
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    Default URGENT advice regarding being served statutory demand papers

    Hi there

    I am new to this so hope this is the right way to go about asking for advice.

    I will keep it as brief as possible but I have outstanding council tax arrears which were for approximately £7,300 but as of today stand at £4990.

    I have been trying to negotiate a monthly payment plan with solicitors to pay £1000 per month to clear debt.

    My parents were at my house while I was at work last week as I had builders in and they opened the door to a man from an investigation company that wanted to serve me a stautory demand.

    He is meant to come round tonight but I have told him that the debt is below £5000 and I am waiting for the solicitors to get back to me with regards to my offer of monthly instalments.

    My question is should I not accept the papers he is wanting to serve me or avoid him and wait for the solicitors to get back to me?

    Any help would be much appreciated as I am feeling very stressed and sick with worry as they are threatening to make me bankrupt.

    Many thanks

  3. #3
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    Default Re: Newbie advice regarding being served statutory demand papers

    Do not avoid the server or ignore the stat demand. I surmise you are in receipt of it by now?

  4. #4
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    Default Re: URGENT advice regarding being served statutory demand papers

    Quote Originally Posted by ezjones View Post
    Hi there

    I am new to this so hope this is the right way to go about asking for advice.

    I will keep it as brief as possible but I have outstanding council tax arrears which were for approximately £7,300 but as of today stand at £4990.

    I have been trying to negotiate a monthly payment plan with solicitors to pay £1000 per month to clear debt.

    My parents were at my house while I was at work last week as I had builders in and they opened the door to a man from an investigation company that wanted to serve me a stautory demand.

    He is meant to come round tonight but I have told him that the debt is below £5000 and I am waiting for the solicitors to get back to me with regards to my offer of monthly instalments.

    My question is should I not accept the papers he is wanting to serve me or avoid him and wait for the solicitors to get back to me?

    Any help would be much appreciated as I am feeling very stressed and sick with worry as they are threatening to make me bankrupt.

    Many thanks
    Have
    you received the stat demand yet? If so, how much is it for?
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



    You can also follow my blog on consumer credit here.


  5. #5
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    Default Re: Newbie advice regarding being served statutory demand papers

    Thank you for your responses.

    I spoke to the solictor and their client has agreed to my £1000 per month payment to clear the arrears. They confirmed that the statutory demand has been cancelled and they would contact the agent to cancel the service of the stat demand.

    However the agent still turned up to serve the papers. My husband answered the door and told him that the action had been cancelled but he still insisted on serving them and he refused to take them so the agent just ended up chucking the papers on the floor.

    As I have it in writing that the stat demand has been cancelled I have not done anything about it and will make payment at the end of the month as agreed.

    Thanks

  6. #6
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    Default Re: Newbie advice regarding being served statutory demand papers

    Quote Originally Posted by ezjones View Post
    Thank you for your responses.

    I spoke to the solictor and their client has agreed to my £1000 per month payment to clear the arrears. They confirmed that the statutory demand has been cancelled and they would contact the agent to cancel the service of the stat demand.

    However the agent still turned up to serve the papers. My husband answered the door and told him that the action had been cancelled but he still insisted on serving them and he refused to take them so the agent just ended up chucking the papers on the floor.

    As I have it in writing that the stat demand has been cancelled I have not done anything about it and will make payment at the end of the month as agreed.

    Thanks
    As long as the amount is below the £5k threshold you should be ok
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



    You can also follow my blog on consumer credit here.


  7. #7
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    Default Re: Newbie advice regarding being served statutory demand papers

    The solicitor emailed me and informed me that they had withdrawn the demand:

    "As the debt is now below the threshold, yes we have asked the agent to cancel service of the stat demand. Please note that the demand is being withdrawn due to the balance now owing only, and it is not an admission that the debt is no longer due from you."

    As far as I am aware this means that the stat demand is no longer valid and I don't need to have it set aside.

  8. #8
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    Default Re: Newbie advice regarding being served statutory demand papers

    Quote Originally Posted by ezjones View Post
    The solicitor emailed me and informed me that they had withdrawn the demand:

    "As the debt is now below the threshold, yes we have asked the agent to cancel service of the stat demand. Please note that the demand is being withdrawn due to the balance now owing only, and it is not an admission that the debt is no longer due from you."

    As far as I am aware this means that the stat demand is no longer valid and I don't need to have it set aside.
    Even if the demand was not set aside, as long as the debt is below £5k then they would not be able to proceed with bankruptcy . seems to me youre safe there
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



    You can also follow my blog on consumer credit here.


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