SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

[Amethyst]

Re: SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

Looks like JimBrain received the same thing http://www.consumeractiongroup.co.uk...=1#post4465613

[Amethyst]

Re: SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

No but seems a bit simplistic to say because you haven't paid a debt within 14 days you're ''apparently insolvent''.

[Nibbler]

Re: SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

Similar thing in England though. If you fail to comply with a SD etc, then a creditor can petition for bankruptcy and even make you bankrupt if you fail to oppose the petition. Even if you have a £billion in the bank. Apparent insolvency in Scotland is just putting a name on that state where the court, in absence of other evidence is entitled to assume you insolvent. Doesn't necessarily mean you are balance sheet insolvent.

[stressball]

Re: Statutory demand pending - sheriff officer looking to delivery friday 31st jan!

Hey Stressball (great name mate), i am also going through the same situation as you and have received the same PRE-DATED without prejudice letter you have. Also states that i have not applied to have the SD set-aside. I also have scanned copies of all documents (denial slips), postage paid and sent, delivery conformation and signatures from both BW & Lowell. Makes me wonder what they are trying to achieve by denying receiving their first class recorded signed for post. I have sat here and written out a letter to BW ilegal but not sent it yet, i'm not sure if i should show them that i have proof of sending the denial. Its getting a bit confusing now that they are using their own denial of receiving legal documents tactic.

i agree
I wonder if Celestine can give their 2 pennies worth in this also

Hey alscotland... it's crazy! I think they know they are abusing the law by doing what they are doing. It is pure scare tactics to make you sit up and respond to them in one way or another. Still unsure the others here whether we just ignore them? (14 days to agree to a plan, which, in my situation, amounts to over £900 a month - who the hell is going to be able to comply with that?) Or do we just send a letter with copies of the proof of delivery and tell them to stop making threats? Would be good to get some input on exactly what to do here - bearing in mind that whilst we are denying the debt, as per the stat demand, we don't, somehow, get involved in a dialogue with them that acknowledges the debt. As I'm hoping that this will eventually go away by coming statute barred - another 2 years or so yet, so don 't want to do anything to jeopardise that... Any thoughts folks??

[Amethyst]

Re: SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

I would respond to the letter enclosing photocopies of the receipts of postage and a copy of the denial form returned to the claimants. Keep the originals very safe.

I'd also give national debtline scotland or AIB a call if possible to double check. I've read through all the information on Stat Demands in Scotland and I can't find anything that states you have to apply to set aside a statutory demand - the denial form is it, if it has been send, by recorded delivery within 3 weeks, then that is it, end of stat demand.

[stressball]

Re: SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

I would respond to the letter enclosing photocopies of the receipts of postage and a copy of the denial form returned to the claimants. Keep the originals very safe.

I'd also give national debtline scotland or AIB a call if possible to double check. I've read through all the information on Stat Demands in Scotland and I can't find anything that states you have to apply to set aside a statutory demand - the denial form is it, if it has been send, by recorded delivery within 3 weeks, then that is it, end of stat demand.

Hi Amethyst - the denial form is it - confirmed this via celestine a few weeks back. Seems the BW/Lowells mob are just pushing the envelope, so to speak, and trying further scare tactics. By trying to hide behind a 'without prejudice' letter, they hope to make it look legally authentic, without having actually checked the extent of its legality in Scotland. I'll fire off copies to them next week, just to head them off at the pass - although, I am tempted to see if they will do what they say - whether out of sheer ignorance of the Scottish system, or through sheer stupidity.

Cheers, thus far, for all your help everyone... do have a good weekend one and all...

[Amethyst]

Re: SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

Aye I know, just when a bloody solicitors firm intimate that's not it, you kinda feel obliged to double check, especially with jimbrain and alscotland having the same thing.

[ScottishSolicitor]

Re: SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

Sorry Ive not keep abreast of this thread recently...happy to respond if any of the posters PM me

[Amethyst]

Re: SCOTLAND - Statutory demand pending - sheriff officer to deliver friday 31st jan!

Hi Mark, Nice to see you. if you have any input feel free to post on the thread then it can help others too. Find to nudge someone to look at a thread via PM but for safety we try not to encourage advice by pm. xx

I did think Lowell had maybe worked out they didn;t understand how the Scots system worked, but they just issued another batch of stat demands via Walker Love so expect the same issues to arise. Scary thing is how many people have just rolled over and accepted bankruptcy because of these threats. The stress on a family under threat of sequestration must be immense.