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Showing content with the highest reputation on 15/04/17 in all areas

  1. Statutory demands are just a piece of paper created by the claimant. They don't come from the court and don't require a court filing. I imagine the claimant just completed a form they found online and sent it to you. The effort required on their part is tiny. Furthermore, statutory demands are only supposed to be used for undisputed debts. It also seems that they have not bothered to comply with the rules for properly serving statutory demands - in particular the requirement that they should be served personally (the rules basically say you can't serve it by post). Where a statutory demand is used for a disputed debt, you can apply to have the statutory demand formally set aside - essentially this is a short court procedure in which you ask the court to confirm that the statutory demand is junk. This typically results in an award of 'indemnity costs' - i.e. the person serving the statutory demand is required to pay all of the legal costs of the recipient. I think you have three options: 1) Apply for the statutory demand to be set aside. You should be able to find a solicitor who can do this for a competitive fixed fee, and I think you can be pretty confident that the costs incurred would need to be paid by the claimant. 2) Do nothing. It is easy and cheap for people to issue statutory demands. If the statutory demand is not satisfied, the claimant would then need to decide whether they want to go ahead with initiating a court claim, or applying for bankruptcy proceedings. There is a good chance they will not do this - since in order to apply for bankruptcy proceedings, they would need to make a formal application to the court and pay a substantial fee (last time I checked the fee was £700 but may be higher now). 3) Write back explaining that the statutory demand was not properly issued, and inviting them to withdraw it. You could do this if you want, but I think it is a waste of time given that it sounds like the claimant is not bothering to comply with the court rules and most likely does not know what they are doing. I personally would go with option 1. I would at least explore the possibility of getting a local solicitor to have the SD set aside on a fixed fee arrangement, it sends a very strong message and gives the claimant a bloody nose when they are ordered to pay that fee. If you want to go with option 2, that's fine too. It just leaves you in the same position you've been in since this thread was created in 2009 (!) If the claimant was actually going to initiate court proceedings, I am sure they would have done it by now. This has been going on so long that surely any "debt" (if there ever was a debt ) is more than 6 years old now, and so statute barred anyway?????
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