Statutory Demand - Non Resident

[rsanter75]

Hello,

Long story short version - Ex landlord will chase me to the end of the world for rent I don't actually owe him. He took me to court while I was out of the country, won and is now armed with a CCJ. I was going to fight the CCJ but it was going cost around 1,000gbp. We made a deal for 550gbp and he went away. However, several months later he's back and now wants the rest.

 

I have not lived in the UK since May 2009. I've been out of the country for 4 years and 3 months. My ex landlord says he's issued an SD to my old address. . He sent me an email with the SD scanned.

 

He's stated on the SD that I owe him 630gbp.

 

I've read the insolvency act (part of) that indicates I need to owe 750gbp so he can make me bankrupt, However, I noticed this section:

"“The bankruptcy level” is £750; but the Secretary of State may by order in a statutory instrument substitute any amount specified in the order for that amount or (as the case may be) for the amount which by virtue of such an order is for the time being the amount of the bankruptcy level." What does this mean:?:

 

What chances does he have if he doesn't know my international address and he fails to demonstrate the debt meets the 750GBP condition?

[AndyOrch]

All depends whether you intend to return to the UK and if he will be intent on getting the remainder.You can set a side the SD using the above reasons (agreement ) on the residue of the debt and the CCJ thats already in place.

 

IE you cant be taken to Court twice for the same debt.

 

Regards

 

Andy

[steampowered]

The limit is still 750 ... so no chance of the landlord succeeding in a bankruptcy petition on the back of a SD for 630.

 

There are several other things wrong here ... such as no attempt at personal service, and I imagine the English courts would lack jurisdiction to make your bankrupt.

 

I'd be tempted to ignore. I can't see the landlord taking this further through the bankruptcy system, particularly as the issue fee and deposit required before presenting a bankruptcy petition are larger than the alleged debt.

[rsanter75]

Thank you for the replies.

 

This guy seems to be determined to get what he can out of me. Although he's listed the SD for 630, can he add the costs of the Petition to bring that amount above the bankruptcy limit?

 

If I do ignore and he somehow manages to succeed in his petition to make me bankrupt, what can be done after the bankruptcy order is given?

[steampowered]

No he can't add petition costs to bring it above the limit.

 

If he does issue a bankruptcy petition you would have a chance to defend it and the court would decide whether to make you bankrupt ... a bridge to cross when you get to it.