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Statutory Demand

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  • Statutory Demand

    My partner and I have recently ended our relationship. As a response I have been sent a Statuary Demand by them personally (not through a court)
    the demand is for all of the money that has been transferred from their account to mine over a 5 year period, plus interest. They have also included a gift to my child that was to help them move out of home plus interest.
    my question is:- is this actually enforceable?
    there is no contract, no agreement for money to be returned, it was just funds transferred which was used in day to day living expenses, household bills, car fuel money, etc etc
    they have been living in my house so the funds were used as part of every day life.
    advice required on how to respond.
    i could also demonstrate how much I have transferred out to them, it’s not as much as the claim but does show that funds were transferred both ways.
    Tags: None

  • #2
    Statutory demands are for clear debts. This sounds like a case where your ex should first bring a court claim for a court to determine whether you owe anything, and if so how much.

    It sounds as if you have grounds to apply to set the demand aside. You must make that application within 18 days from the date the demand was served on you.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      Citizens Advice page on how to apply to set a statutory demand aside:

      https://www.citizensadvice.org.uk/de...and-cancelled/


      And the gov.uk page:

      https://www.gov.uk/statutory-demands...atutory-demand
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

      Comment

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