Business Supplier SD Can I get this Set Aside?

[comebackjimmy]

Hi All

 

I help run my brother's business which has been in trouble for some time.

 

We owe money to a supplier which we cannot pay and have met with them and agreed to pay them monthly interest payments for a period of time so that we can regather our finances and eventually pay them.

 

We have now just received a Statutory Demand from their solicitors accompanied by letter saying they will not look to pursue a bankruptcy providing the monthly interest payment is made.

 

I would like to try and overturn the SD. I wonder if any CAGers can assist. Please note the following:

 

1. Both me and my brother have been issued with identical SD's naming us both. However, it is not my business and I am not responsible so on that ground alone I should be able to have the SD set aside. Assuming I follow that course what is likely to happen? Would the SD be set aside or simply amended to exclude me? What might the process be?

 

2. Having looked at the invoice history I believe the amount claimed is higher than what is owed. The amount we would acknowledge is still above the £750 threshold so an amended SD would still be valid. I have not yet challenged the amount but intend to do so. Is that grounds for having it set aside?

 

3. The solicitor has sent a letter saying they will not look to pursue bankruptcy provided the interest payment is maintained. Does this fact in any way demonstrate that the SD is being used for debt collection purposes contrary to any current debt collection guidelines? If so are there grounds for a challenge?

 

4. I understand that if you are unable to contact the person named on the SD this is grounds for a set aside. As this is now the holiday season it is not impossible that the individual in the solicitors firm whose name is on the SD may be on holiday. If I call and am unable to get through is this grounds for a set aside? If not how many calls are required to establish absence and what sort of evidence should I gather to prove this? Would an alternative person in the firm be able to take the call and subsequently be accepted by the court?

 

I look forward to any comments and thank everybody in advance for considering my post.

[MrShed]

Quick one to help any responders to your query. What type of business is it? Sole trader, ltd, etc.

[rebel11]

Thread moved.

[comebackjimmy]

Sole trader

[Undercover-Elsa]

Hi,

Have a read of this thread for starters, it should answer most of your queries:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?162131-Statutory-Demands-and-Service-By-Post

 

 

Elsa x