re-issue of a statutory demand for bankrupcy

[squaddie]

good evening people and thank you for letting me join the forum.

ive had a few issues with variouse dca and know how to deal with them

after a dca failed to send me a copy of my agreement under my s.77 to s.79 request, i received a statutory demand for bankrupcey

no problems in setting aside and was awarded costs.

this account has now been sold on and guess what,

another stat demand for the same debt

now as i understand it, a second stat demand cant be issued for the same debt once it has been set aside.

its classed as an abuse of process and prob

RES JUDICATA—a matter already settled in court and cannot be raised again.-



can some one give me and confirm what regs to quote on the re-issue of a stat demand that has allready been decided in a set aside application


many thanks

[TUTTSI]

Re: re-issue of a statutory demand for bankrupcy

Hi Squaddie
Welcome to Leagle Beagles.
I am not sure I know the answer but I am sure someone will be along to offer some further advice.
But if the debt has been sold on, the debt should have be assigned. Therefore, the assignee takes the debt wearing the same shoes as the assignor. Therefore, because the stat demand has already been set aside the new DCA does not have the power to issue a new stat demand.
You could send a simple prove it letter that the debt has been legally assigned. Have a read of this thread http://www.legalbeagles.info/forums/...ad.php?t=13980 you will find some usefull letters.
Tuttsi

[Curlyben]

Re: re-issue of a statutory demand for bankrupcy

You are indeed correct Squaddie, so time to go for the throat

Bit like shooting fish this one as they have basically given you a blanc cheque.

LiP costs are £9.25 per hour plus travel etc expenses

[squaddie]

Re: re-issue of a statutory demand for bankrupcy

next question

if a statutory demand has stated a court that does not do a bankruptcy petition,

WHAT RULE OF INSOLVENCY IS THAT IN CONTRAVENTION OF

THANKS PEOPLE

[pfloyd]

Re: re-issue of a statutory demand for bankrupcy

You can find the practice directions for insolvency proceedings here:

PRACTICE DIRECTION INSOLVENCY PROCEEDINGS - Ministry of Justice

If you're still stuck with this I'll come back and take a look once I'm out of the office

Best,

PF

[Nibbler]

Re: re-issue of a statutory demand for bankrupcy

Also the Insolvency Rules.

http://www.insolvency.gov.uk/insolve...vencyrules.pdf

Sections 6.1 - 6.5