Statutory Demand Hearing In Two Days Any Advice?

[mattjohnstone7]

Hi,

I am representing myself at a hearing to set aside a Statutory demand on Wednesday.

Can anybody give me some advice on how to act?

The brief background to the case is the bank has issued the stat demand on me as a guarantor of a business loan. I am disputing the loan total as in the course of proceedings the company premises were sold by an Lpa receiver for significantly lower than they were valued at. It has since emerged that the firm alder king and Bank of Scotland are being investigated by the serious fraud office in connection with cases similar to my own. This has also been debated in parliament after several complaints were made to MPs.

Any help and advice on what to do in court would be much appreciated. I wish i had found this forum earlier!!!!!

[EXC]

Re: Statutory Demand Hearing In Two Days Any Advice?

I'll give [MENTION=2]Celestine[/MENTION] a shout.

[mattjohnstone7]

Re: Statutory Demand Hearing In Two Days Any Advice?

Success!!!!! I have had the demand set a side, But what happens now???? Any advice [MENTION=332]EXC[/MENTION]

[EXC]

Re: Statutory Demand Hearing In Two Days Any Advice?

Well done! Ok pop back on tomorrow and I'll ask [MENTION=6]Amethyst[/MENTION] when she's about.

[Celestine]

Re: Statutory Demand Hearing In Two Days Any Advice?

Excellent, well done for navigating thus far and for successfully defending yourself in front of a Judge.

The set aside means that the court has agreed that bankruptcy is not an appropriate route to enforce this debt as the amount has to be undisputedly owed and due. Clearly that is not the case here, things are not straightforward and would require a full county court hearing to untangle liabilities.

So for now, probably nothing will happen. They can't use bankruptcy again unless they get a judgment against you in court, so you need to keep your ear to the ground as to the banks next move. They'd need to have all their documentary ducks in a row for a CC case, unlike the recent bankruptcy attempt; where they obviously hoped it would simply terrify you into paying.

From your first post, I can't tell what relationship exists between the sale of the premises and the banks business loan, so do feel free to elaborate and we'll see if we can offer any further assistance.