getting rid of SD?

[winnie-uk]

Settled amount with landlord. Received receipt for monies paid and on receipt he put - No further action will be taken.
How do i cancel my SD i received last week?

[PlanB]

Re: getting rid of SD?

Settled amount with landlord. Received receipt for monies paid and on receipt he put - No further action will be taken.
How do i cancel my SD i received last week?

I don't think you can "cancel it" as such, so ask your Landlord to withdraw it. It's obviously a meaningless document if the debt no longer exists since a petition for BR would fail. But better to get it withdrawn just in case because that's less stressful for you than explaining the situation to a judge in court.

I'm glad you've settled this problem

[winnie-uk]

Re: getting rid of SD?

I don't think you can "cancel it" as such, so ask your Landlord to withdraw it. It's obviously a meaningless document if the debt no longer exists since a petition for BR would fail. But better to get it withdrawn just in case because that's less stressful for you than explaining the situation to a judge in court.

I'm glad you've settled this problem

Thank you for response.
I actually asked landlords to cancel SD, but they said i still have to go to court and fill 6.4 and 6.5 and set aside it.
Can i pressure them to withdraw it?

[TUTTSI]

Re: getting rid of SD?

Setting aside a statutory demand as an individual:
As an individual, you have 18 days from the date the statutory demand is served on you (or the date of the advertisement) to apply to the court to have the demand set aside. If you live abroad, then the time limit for setting aside the demand is 22 days.
You should apply to one of the following courts:

• The court where you would present your own bankruptcy petition
• The High Court – if the statutory demand says so or if the deadline for setting aside has passed and you want to apply for an extension

You apply to set aside a statutory demand using:
Form 6.4 – application to set aside a statutory demand
Form 6.5 - a witness statement in support of your application to set aside a statutory demand. This should include information about when the statutory demand was served and why you believe it should be set aside
A court will only grant your application to set aside a statutory demand if there is a genuine dispute about whether the debt exists. A mistake in the statutory demand about the amount owed will not make it invalid.
If your application to set aside the demand is not dismissed, the court will fix a time to hear your application. They will also give five working days notice to you or your solicitor, the person who you owe money to and whoever is named in the statutory demand as the contact person with whom the debt can be discussed.
There are various reasons why a court may set aside a statutory demand. These include:

• If you have a counter-claim, set-off or cross-demand which is equal to or greater than the amount specified in the statutory demand
• If the court deems there are substantial grounds for disputing the debt
• If the person you owe money to hasn’t disclosed some security or if the court is satisfied that the value of any security is equal to or greater than the debt
• If the court is satisfied on other grounds that the demand ought to be set aside

If the court believes there is no good reason for setting aside the statutory demand, it may dismiss your application without giving notice to the creditor. The deadline for you to pay or secure the debt will then restart from the day your application is dismissed. So, if there were 9 days to run when the deadline was suspended, you will have 9 days to pay or secure the debt once your application is dismissed.

Settled amount with landlord. Received receipt for monies paid and on receipt he put - No further action will be taken.
How do i cancel my SD i received last week?

[PlanB]

Re: getting rid of SD?

I actually asked landlords to cancel SD, but they said i still have to go to court and fill 6.4 and 6.5 and set aside it.
Can i pressure them to withdraw it?

I would definitely pressure your Landlord to withdraw the redundant SD. Tell him if he fails to do this within seven days you will make an application to the court to have it set aside and you'll be asking the court to order costs against him for your application and further costs if there is a formal hearing to deal with this matter. The same would be the case if he decided to file a BR petition when the debt has already been paid because this could be seen as abuse of the court process.

A SD is not a court document. Anyone can download the template off the internet and send it without going near a court which is why they are so often abused as a debt collection tool.

The SD should name the county court in which your Landlord intended to issue the BR petition. I would send them a copy of your Landlord's letter stating that the debt has been paid in full and he's happy for the SD to be withdrawn/set aside. Of course they'll have trouble knowing where to file the correspondence since this issue hasn't gone near the court yet so there will be no reference number. But if your Landlord sees a copy of your letter to the court that may inspire him to withdraw it.

[CleverClogs]

Re: getting rid of SD?

There are various reasons why a court may set aside a statutory demand. These include:

• If the court is satisfied on other grounds that the demand ought to be set aside

Such as it having been sent (not properly served) by a debt collecting company that seems not to exist, on behalf of a property company imprecisely named, to a person who had no contractual dealings with either and who does not owe them anything?

link

Can a person or firm ever be declared vexatious if they issue a number of SDs like that?

[winnie-uk]

Re: getting rid of SD?

Sorry - still dont understand.
I had impression that this SD is already in court and waiting for my response (to set aside, etc) .
So if i have settled this demand with my landlord - i dont have to do anything at all? Court is not going to proceed further with this demand since they haven heard from me? Do i have to or not to fill forms 6.4 and 6.5 at all now?
Sorry if i sound silly - i'm no expert in this and this is my first time (hopefully last).

[CleverClogs]

Re: getting rid of SD?

I understood your company's landlord was unscrupulous?

Why, then, might you wish to risk personal bankruptcy proceedings by not applying to have the SD set aside?

[winnie-uk]

Re: getting rid of SD?

I understood your company's landlord was unscrupulous?

Why, then, might you wish to risk personal bankruptcy proceedings by not applying to have the SD set aside?

If i understand correctly - about SD know only me and landlord who issued it. Court will have no knowledge about it yet (unless issuer proceeds with bankruptcy)? Correct?

[TUTTSI]

Re: getting rid of SD?

Because unless he confirms to you in writing that he is withdrawing the Stat demand he can still make you bankrupt. You only have 18 days to set aside the SD so the quicker you file a SD set aside on the basis that you have paid the landlord in full the better.

What I do not understand is that your landlord if he were to make you bankrupt what would he get out of it, you rent the property so there is nothing there to gain it really does not make any sense to me at all.He just could have issued you with a notice to leave the property as you had not paid your rent.

[CleverClogs]

Re: getting rid of SD?

What I do not understand is that your landlord if he were to make you bankrupt what would he get out of it, you rent the property so there is nothing there to gain

Quite.

It goes against all the Laws of Acquisition.

What would the Grand Nagus say?

[PlanB]

Re: getting rid of SD?

Because unless he confirms to you in writing that he is withdrawing the Stat demand he can still make you bankrupt. You only have 18 days to set aside the SD so the quicker you file a SD set aside on the basis that you have paid the landlord in full the better.

How can a creditor make the OP bankrupt if no debt is owed since the OP has already paid it off and has proof Surely the petition would fail in court. In fact the OP only needs to reduce the debt to less than £750 and the Landlord can't make him bankrupt even if he still owes £749.99p

If the OP's Landlord wants to make him BR he has to pay a £700 petition deposit and a further £220 court costs. At this point the creditor has to prove the debt exists and the debtor can't pay it. That could be a bit awkward in this case

https://www.gov.uk/creditor-bankruptcy-petitions