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Statutory Demand - responding to forms? Please help

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  • Statutory Demand - responding to forms? Please help

    Hi, I have been served with a Statutory Demand. The Lender says I owe them just over £100k. The 18th day is Friday and I am struggling with the forms. Please can someone help.
    To cut a long story short. I had a unregulated mortgage on a property I was doing up to let out. I got into difficulty when my relationship broke up and I had to refinance to pay off my ex. It was a short term loan. The property was on the market by the repayment date but as yet hadnt sold. It was up for £565,000. The debt was £422,000. The lender brought in LPA receivers. They told me I couldnt sell it. They had to just as I had received and accepted an offer of £560,000. This sale then never went ahead, no idea why. It was a cash buyer, who was keen and willing to work quickly. The LPA then sold it for £360,000. The lender now says I owe them £100,000 - again without any real explanation and have issued a statutory demand.
    Can I say there is a dispute and ask for it to be struck out? Their behaviour caused the debt. I never missed a payment ever, I just couldnt pay back on the date set and I continued meeting all payments until the flat was actually sold.
    Also I have an email from their Head of Credit who promised he wouldnt report anything to the Credit Reference Agencies. He then did which then stopped me from refinancing instead of selling as I couldnt find a lender. The loan was a business loan in my name. Can they a) do this and b) should they have done. It would never have been an issue if they hadn't have done this and I would have met the repayment date.

    What do you think? And if I do send a response am I using 1AA

    Thank you!
    Tags: None

  • #2
    Apply for Set Aside. Now!!


    • #3

      Set Aside Application


      • #4
        have you submitted the application to set aside yet? https://www.gov.uk/statutory-demands...atutory-demand go to this link, you need the IAA and also a witness statement too
        I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.


        • #5
          No update on this, OP?


          • #6
            Hi, sorry am still working out how LB works. I have submitted the paper work now and raised it as disputed on the Iaa. They want details of the dispute which I put in the 1AA. Will the court send this to them do you think? Or do I need to send to them as well?
            Thank you so much!


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