setting asside a stat demand post ccj

[postggj]

any threads on this

 

setting asside a stat demand post ccj

 

thanks

[robcag]

any threads on this

 

setting asside a stat demand post ccj

 

thanks

 

Sorry I can't help with a direct answer, but is there a CO involved to secure the judgment debt? The reason I ask is because from what I've read on here, I believe the claimant would have to forego (not sure of the exact terminology) the CO before trying to enforce payment via a SD.

 

There may also be implications if the judgment debt is being paid at an amount determined by the court, hopefully someone else will know.

 

Cheers

Rob

[postggj]

no charging order

 

its for a pal ref business/trade supplier debt which they obtained a ccj

 

they sent in the hceo baliffs

 

i saw them off with no trouble

 

(they should realy not try and bump up fees with me around)

 

he phoned me this morning as a process server has issued a stat demand

 

there is no court listed

debt alot higher than the ccj debt

 

need some reserch doing

[postggj]

 

 

 

 

this is the stat demand he received

[postggj]

bump

[palomino]

Was your pal a sole trader or was the business a limited company?

 

The SD states that your pal did not respond in any way to the CCJ. Is this true? If so why didn't he respond?

[supasnooper]

Hi post,

SD's are not my forte but have a look at these links -

 

Filling out form 6.4 (stat demand set aside)

 

Statutory Demand on a Stature Barred Debt! Mortimer Clarke/Marlin ***WON***

 

Electronic Forms 6.4 and 6.5 for statutory demand set aside

 

Getting Statutory Demand Set Aside**WON IN COURT**

 

 

Also do a search for 42man's posts on Stat Demands

[postggj]

a defence was put in but a judge ruled against it

 

never went to trial so he ended up with a ccj

 

now the sols have issued a stat demand

 

what i can see to begin with is no name of the court listed

 

they say the balance has increased to xyz due to enforcement action since the ccj

 

well that has not been broken down these extra fees

 

remember this stat demand has been issued post ccj so ime like a duck out of water on this

 

any body think of any thing else to get this set asside

[postggj]

any takers on this

 

i need to get this application in court tomorow to set asside

 

there is

1/ no name of the court on the stat demand

2/the amount claimed is incorrect and not listed, just putting enforcement fees (hceo baliffs) is not good enough

 

any chance of a link to the regs i can quote about name of court not being on the demand etc

 

this statutory demand is for a business wind up with all monies payable with immediate effect

[mandyjayne]

Hi post

 

dont know if this will help but have a read of all posts by 42man on my SD thread...start from here...if you need to get the stuff in tom it may help.. http://www.consumeractiongroup.co.uk/forum/legal-issues/195656-egg-barclays-help-please-4.html#post2456481

 

Just in case you have not read this...(you prob have)

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162131-statutory-demands-service-post.html

 

all the best

 

MJ

Edited March 16, 2010 by mandyjayne

[humbleman]

IMO SD has been served for a debt that is not in dispute and as such there would be no defence. If your friend is going to appeal or go for a setaside of the judgment then the SD can perhaps be put on hold pending the outcome.

 

Since there is no reference to any court then perhaps this could be deemed as not having been served properly.