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

[Celestine]

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:

[Nibbler]

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.

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.

[Celestine]

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:

[PlanB]

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

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

[PlanB]

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

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.

[PlanB]

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

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

[Nibbler]

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

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.

[ScottishSolicitor]

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!

[PlanB]

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!

Mark, here is a customer needing help from you

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

[CleverClogs]

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!

Can anything be done about Lowells (or Bowells as I call them) adding the "explanation of denial" section to the SD form?

[PlanB]

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

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