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Advice needed - can I ignore a statutory demand that is for less than £500?

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  • Advice needed - can I ignore a statutory demand that is for less than £500?

    I posted about this in Courts Issues section yesterday but now realising that there is a section on this forum covering statutory demands and bankruptcies specifically, so I am posting here in hope of some advice/opinions.¬*

    The issue is that I received a statutory demand yesterday, for an amount less than £500, from a contractor who was doing some odd jobs on my property in November but gone missing in the 3 weeks before Christmas, later trying to charge me for that absent time and leaving his unfinished projects in a shocking state. He delivered the demand form yesterday by randomly turning up at my garden and handing it to my 9-year-old son who got quite alarmed by the encounter. I previously asked this contractor on 6 different occasions in December to provide a timesheet and an itemised invoice but he refused to do, so this amount has been in dispute for a few weeks now.
    So¬*now, instead of providing me with a proper invoice or dealing with unfinished project issues, he decided to just print a form off the Internet and hand it to my young son who was playing in the garden, trespassing on my property out of the blue.

    In the form, there is no court name listed, and he did not provide any additional details of the alleged debt, just stating the total amount and wanting 8% interest on it and a "loss of earnings" (presumably, for not turning up to finish the works he promised to finish before Christmas).

    Yesterday, I was researching how to apply for the SD to be set aside - but then I realised that because the amount is below the £5,000 for personal bankruptcies, this matter is not eligible for a bankruptcy petition anyway. Also, the cost of bankruptcy petition is over £1,000 to the petitioner, and non-recoverable - so only a complete moron would try to go down that route for an alleged un-invoiced debt of less than £500 - but I am dealing with an utter and complete moron unfortunately.

    So what happens if I just ignore the statutory demand? Can the fact that I did not apply to set it aside be held against me in any other way? I understand that this amount will not qualify for a bankruptcy petition in any case - but can this statutory demand, and the lack of attempt to set it aside, be used in another way, outside of Insolvency Act?

    I do not mind filling the set-aside form but it does look looks extremely confusing for this matter, and I would not like to waste the court's (or my) time unless I absolutely have to.¬*

    Yesterday, I was extremely stressed out when my son handed me the letter -¬* I was hyperventilating for a couple of hours after my son gave me the letter - and it would be so much relief if I can just let the
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  • #2
    Amethyst¬*

    Comment


    • #3
      Besides the comments on your original thread (https://legalbeagles.info/forums/for...atutory-demand) I note that the "Statutory demand" was not properly served.

      That man is going nowhere with this except to threaten you.

      Comment


      • #4
        Thank you - the original comments did help me to relax about this a bit.
        Yes, this person is just totally unreasonable - I would have paid him a month ago for the little of the job he has actually completed in those last weeks - had he itemised it and billed me properly.¬* All he seems to want to do now is to cause as much trouble as possible, and refuses to speak to me to or reply to my requests. It is almost like he enjoys this bullying role way too much and does not really want this matter closed.

        My preferred choice would be to do nothing about this statutory demand and leave him stew in his own juices so to speak, and discover the dead end for himself - if there are no consequences for me in doing so.
        It is just that various legal websites say to never ignore statutory demands, but then they go on talking about £5,000 minimum for a personal bankruptcy petition (plus a very substantial cost that is non-recoverable for the petitioner). So if he cannot go down that route, is there anything else he can use this unreplied statutory demand for?

        Comment


        • #5
          You should never ignore a valid statutory demand.

          The document you have received was never validly served, as it needs to be served personally on you, not given to a young lad!!
          Secondly the¬*statutory¬*demand¬*should¬*tell¬*you¬*how¬*an d¬*where¬*you¬*should¬*apply¬*to¬*set¬*it¬*aside. However as¬*this bit of paper does not name a court where you can apply for set aside¬* the chances are it is not valid.
          Thirdly it is way below the amount required for a personal bankruptcy petition.

          If you are in a generous mood you could write to him pointing out his errors, and explaining that you do so to save him money, and would he kindly produce the correct invoice as requested x times previously.

          If you want more professional advice you could try Nationaldebtline.org on¬*Freephone 0808 808 4000

          Comment


          • #6
            Thank you, DES8, this makes it very clear. I think I will send him a letter by post - the only new information this statutory demand had was the contractorís home address. Before, he would only communicate on WhatsApp (and I have saved the full exchange).¬*

            Comment

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