• Welcome to the LegalBeagles Consumer and Legal Forum. If this is your first visit to LegalBeagles and you need assistance then you can ask a question here;
    Create a Thread
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial slip

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

    I've done some investigation into these Scottish statutory demands.

    Simply fill in the denial slip and this will stop the proceedings toward bankruptcy.
    The creditor will have to consider court action instead of bankruptcy. Ignore the 'details of denial' page which seems to have been 'added' to the usual SD paperwork.

    My own firm Howlett Clarke does not cover Scottish jurisdiction cases, so as we had a few of these, I spoke with a solicitor called Mark in Edinburgh. He explained the statutory demand system in Scotland; which is very different to England.

    He has offered to join the forum and offer legal advice on Scots legal issues, so keep an eye out for him in the coming days. He also deals with Parking Charge cases and Tenancy Deposit recoveries.

    I'll introduce him when he joins up. But in the meantime, it looks like these Scottish Lowell stat demands will be very simple to clear up. :tinysmile_grin_t:

    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

    I am proud to have co-founded LegalBeagles in 2007

    Comment


    • #17
      Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

      Originally posted by Celestine View Post
      I've done some investigation into these Scottish statutory demands.

      Simply fill in the denial slip and this will stop the proceedings toward bankruptcy.
      The creditor will have to consider court action instead of bankruptcy.
      So as long as the debtor can prove they returned the denial slip, then that can be used to squish any bankruptcy petition should the creditor ignore it and go ahead? Seems a little to simple to me, but law can be strange.

      Comment


      • #18
        Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

        Yup it is a strange system, but it is MUCH harder to bankrupt or sequestrate someone in Scotland.
        Even if you forget to return the denial slip and a bankruptcy hearing takes place, the pressure is very much on the creditor to evidence the debt and prove that sequestration is the only remedy.
        Seemingly the Scottish system recognises how devastating bankruptcy can be and does not allow it to be used frivolously.

        I have a feeling this may be an ill fated foray by Lowell into the land of the fierce kilted people!! msl:
        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

        I am proud to have co-founded LegalBeagles in 2007

        Comment


        • #19
          Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

          Originally posted by Nibbler View Post
          So as long as the debtor can prove they returned the denial slip, then that can be used to squish any bankruptcy petition should the creditor ignore it and go ahead? Seems a little to simple to me, but law can be strange.
          If that were to be the case then we could advise every Scottish debtor who receives a SD to simply return the denial slip and they would walk away from potential bankruptcy scot-free. This seems too good to be true to me :confused2: I may have to consider a house move north of the border if it is

          Comment


          • #20
            Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

            Originally posted by Celestine View Post
            I spoke with a solicitor called Mark in Edinburgh . . .

            He has offered to join the forum and offer legal advice on Scots legal issues, so keep an eye out for him in the coming days. He also deals with Parking Charge cases and Tenancy Deposit recoveries.


            That will be good. Scotland lagged behind England & Wales with tenancy deposit legislation which they only introduced in 2011 (four years later than the rest of the country). They also have a completely different tenancy structure (not the AST we all know). I shall look forward to meeting him

            Maybe we should have a separate section on the site for all Scottish issues to single them out for Mark's attention and Mystery1? OPs don't always declare they're from Scotland in their first post so we sometimes set off down the wrong path.

            Comment


            • #21
              Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

              Originally posted by Celestine View Post
              Seemingly the Scottish system recognises how devastating bankruptcy can be and does not allow it to be used frivolously.
              Presumably this is why a creditor cannot petition for BR in Scotland for a debt below 3k - unlike the rest of the UK which has a modest 750 limit

              Comment


              • #22
                Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

                Originally posted by PlanB View Post
                If that were to be the case then we could advise every Scottish debtor who receives a SD to simply return the denial slip and they would walk away from potential bankruptcy scot-free. This seems too good to be true to me :confused2: I may have to consider a house move north of the border if it is
                That is why I queried. It is hard to believe it is that simple or straightforward.

                Comment


                • #23
                  Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

                  This is the Mark Celestine refers to and yes, as I have added to other posts now, you can defeat the demand by sending the denial slip back before it expires!

                  Comment


                  • #24
                    Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

                    Originally posted by markharro View Post
                    This is the Mark Celestine refers to and yes, as I have added to other posts now, you can defeat the demand by sending the denial slip back before it expires!
                    Mark, here is a customer needing help from you

                    http://www.legalbeagles.info/forums/...504#post405504

                    Comment


                    • #25
                      Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

                      Originally posted by markharro View Post
                      This is the Mark Celestine refers to and yes, as I have added to other posts now, you can defeat the demand by sending the denial slip back before it expires!
                      Can anything be done about Lowells (or Bowells as I call them) adding the "explanation of denial" section to the SD form?

                      Comment


                      • #26
                        Re: SD from Walker Love on behalf of BW / Lowell / LTSB (Scotland) Confusing denial s

                        Originally posted by PlanB View Post
                        Maybe we should have a separate section on the site for all Scottish issues to single them out for Mark's attention and Mystery1? OPs don't always declare they're from Scotland in their first post so we sometimes set off down the wrong path.
                        It seems I may have inspired a new section for Scottish debts which can now be found here:

                        http://www.legalbeagles.info/forums/...-Sequestration

                        Comment

                        View our Terms and Conditions

                        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                        Working...
                        X