Application to set aside statutory demand

[Cosmo1720]

Hi, I would really appreciate any help as I am defending myself. I received a statutory demand for over £100,000 which I do not owe. I applied to have this set aside and sent my witness statement and evidence to the county court. A hearing has been set for September. The respondent creditor was ordered to send a witness statement in response to my application last week. I have not received anything and neither has the court. I emailed the court to ask what happens now and have been told that the hearing will go ahead. This does not seem fair as they have my evidence and I don’t have any idea what they will say or show in court. Shouldn’t the demand be thrown out as the letter from the court said they MUST send me and the court a witness statement to the application. Thanks for any help.

[atticus]

The court will decide whether you have made out grounds on which the demand should be set aside.

I have acted in cases where the evidence supporting the application simply didn't stand up, so there was no need to reply.

So: concentrate on persuading the court that your statement shows good reasons to set this statutory demand aside.

NB you can object to late service of any statements. Make sure the judge knows that you object and why.

[Cosmo1720]

Thank you so much for getting back to me. In their statutory demand they have not provided any evidence that I owe them the money, they have just stated how much I owe. They have not provided any documentation or even the contract we had. As the debt has never been established or accepted I don’t understand how a judge can bankrupt me based on just their word. Will they be able to provide evidence in court as they have not already submitted it? From what I have read, statutory demands are for situations such as you’ve received a product or service and then not paid for it. This situation is far more complicated than that but the claimant does not want to pay the court fees associated with a court case and so is trying this instead as it is free. Do you think I need a barrister to go to court with me and if it gets set aside or if they do not show up do you think the judge would make them pay my legal fees? Thanks

[atticus]

As I said, you need to concentrate on persuading the court that your statement shows good reasons to set this statutory demand aside. You can also point out any inadequacies in the demand itself.

If you ask whether I think you need a barrister to represent you then you probably do. If you are successful, you would normally get an order that the other party pay your costs.