If a creditor withdraws their statuory demand in writing, can they still issue a bankruptcy petition? I note that a bankruptcy petition can only be made if a statutory demand has not been compied with. As there is not procedure for withdrawal, nor does the statutory demand actually say it can be withdrawn, what prevents the creditor from saying that the withdrawal has no legal effect and the statutory demand has not been compied with? Is there any case law on this point? Should I make an application to set it aside anyway? or is that dangerous as the court could set a date for a hearing?

Thank you for your help but I would like to know where the authority for that is? It does not say in statute that the 'creditor' can withdraw in writing. Is there a case on this? I just want to be certain, otherwise I may run out of time to apply to set it aside.

I was served with a statutory demand last week and so I wrote to the "creditor" to ask them to withdraw it. They have sent me a letter yesterday saying that it is withdrawn, however, is this sufficient? What are the formalities of withdrawing a statutory demand? The Insolvency Rules say nothing! Should the creditor submit the form 6.4 and 6.5?