Statutory Demand Threat Personally For Company Account

[gollum]

Re: Statutory Demand Threat Personally For Company Account

OK, although I previously thought I'd avoided the need, it appears I do need to get a set-aside in asap, so as requested I'm posting this here to prompt some help on Monday.

Thank you good people, have a nice weekend.

Gollum

[gollum]

Re: Statutory Demand Threat Personally For Company Account

:bump:

[gollum]

Re: Statutory Demand Threat Personally For Company Account

HELP!

If anyone is around I'm desperate for some help please. Even if it's to say you can't help, so I know to try and complete the application for set aside on my own.

[Amethyst]

Re: Statutory Demand Threat Personally For Company Account

I've chatted with Kate and we think that the best thing you can do is defend on a common sense approach.

As a business contract you are unprotected somewhat so that's the sticky bit. However a stat demand is only meant to be used in undisputed debt cases.

So your set aside application should outline the dispute you have with the lender over the terms which require action by a third party not party to the contract, state that the contact is complicated and they have not acted in accordance with it ie by retaining 100%. That there was no term on minimum monthly transactions through individual PDQ merchants.

Basically everything you put in the letter to show the debt is not undisputed and straightforwards as the Stat Demand requires, but complex and ongoing discussions are taking place.

[gollum]

Re: Statutory Demand Threat Personally For Company Account

Ah, great thanks Amethyst, much appreciated. I'll do that now. Is there a certain amount of grace with regard to the 18 days do you know? There's no proof of when my Company actually received the SD as it was signed for by a neighbouring business.

[Amethyst]

Re: Statutory Demand Threat Personally For Company Account

On the personal guarantee, I'm pretty sure they should have advised you to take legal advice independently before agreeing.... I'll try check that out.

The personal stat demand should be on the basis that the business contract is in dispute and you are in negotiations with the company (as per your letter) and that you didn't understand the meaning of the personal guarantee when signing it.

[Amethyst]

Re: Statutory Demand Threat Personally For Company Account

Ah, great thanks Amethyst, much appreciated. I'll do that now. Is there a certain amount of grace with regard to the 18 days do you know? There's no proof of when my Company actually received the SD as it was signed for by a neighbouring business.

Ok that's a faulty service then. So that needs to go in the set aside application.

So the server gave it to your neighbouring business who didn't give it to you for a few days. Stat Demands should be handed to you directly or posted through verified letter box. Was the personal one dellivered to you at home (that was a few days later anyway wasn't it?)

[gollum]

Re: Statutory Demand Threat Personally For Company Account

The one to my business was posted Royal Mail special delivery and signed for, I think on the 17th June, by a neighbouring business who didn't bring it round for a few days.

The personal one was hand delivered on 24th June through my letter box. I wasn't home but my partner was and offered to take it personally but the server insisted on putting it through the letter box which I believe is correct.

[gollum]

Re: Statutory Demand Threat Personally For Company Account

Do I just take/post this to my local County Court?

[gollum]

Re: Statutory Demand Threat Personally For Company Account

Should there not be a Court named at the top of the SD? I can't see a Court named anywhere on either SD.

[gollum]

Re: Statutory Demand Threat Personally For Company Account

There's no date at the top either, just dates against the signatures of the individual (idiot) that completed the form. If there's no Court named or date given on the document then I can't apply to a Court or know by what date to do it. Surely this means these SDs are invalid???

[Amethyst]

Re: Statutory Demand Threat Personally For Company Account

On page three (Part A) it states the court name

Also the date is the date the claimants signed it (16th June) - HOWEVER the date of service is when you received it - and service on the business one was bad because they left it with a neighbouring business.

[gollum]

Re: Statutory Demand Threat Personally For Company Account

Yes it does on the one to me personally but the one to my Company is different. It's a different form; 4.1. There is definitely no Court mentioned anywhere on the 4.1 form to my Company.

I've just read somewhere that an SD to a registered Ltd Company cannot be set aside. Instead I would need to apply for an injunction to prevent further action. Unlike the Form 6.1, there's no mention of a way to apply to Court for a set aside (or injunction), no mention of 18 days, just pay up in 21 days or contact creditor if you dispute. There appears to be no recourse. Any suggestions.

[Amethyst]

Re: Statutory Demand Threat Personally For Company Account

You have been negotiating with the creditor, hence your reply to their letter. You haven't had a response from that as yet?

[Amethyst]

Re: Statutory Demand Threat Personally For Company Account

Companies
Insolvency law does not specifically cover an application by a company to set aside a statutory demand. However, any person has the right to defend legal proceedings, so a company can apply to stop the process.

If the company has a valid defence to the demand, it can apply to the court to stop the creditor presenting a winding-up petition. The company should seek legal advice before applying to the court.



It isn't something I know how to deal with though I'm afraid.