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Thomas Judge
Thomas Judge, Lawyer
Category: Bankruptcy Law
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A Statutory Demand under Section 268(1)(A) of the Insolvency

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A Statutory Demand under Section 268(1)(A) of the Insolvency Act 1986 has been issued against by a company alleging unpaid fees, which I dispute. The same company first issued a similar Statutory Demand for the same alleged fees in 2008, then obtained a default judgement for the alleged unpaid fees in Northampton County court in January 2010, and then issued a further Statutory Demand in January 2010. I have heard nothing from them from the issuing of the Statutory Demand in January 2010 until the issuing of the latest Statutory Demand in July this year. They appear to have added a great deal of interest to the amount they allege is owed to them in the intervening years. Are this company using the Statutory Demand process correctly?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Thomas Judge replied 1 year ago.
How much is due and did you get the judgment set aside?
Customer: replied 1 year ago.

The Statutory Demand issued in July 2015 is asking for £27,638.68, while the original one in 2008 asked for £17,628.62. I have not yet had the default judgement set aside as I have had serious ongoing health problems, though I plan to do so now.

Expert:  Thomas Judge replied 1 year ago.
You really ought to have applied to have the judgment set aside as soon as you became aware of it and may be criticised by the court for leaving it so long. There is case law which points to the view that an application should be made almost immediately. That said they are allowed to serve a second statutory demand - they must not be sending these all of the time as clearly that would be an abuse of process - but the court would consider that two in five years is acceptable.Please rate positively.
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