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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Statutory demand

Customer Question

I HAVE RECEIVED A STATUTORY DEMAND FROM A DEBTOR yesterday WHO IS ASKING FULL AMOUNT WHILE MY FINNACILA CIRCUMSTANCES DO NOT ALLOW TO PAY MORE THAN £10.00 PER MONTH BECAUSE I AM PAYING OFF OTHER DEBTS. I AM RECEIVING WORK TAX CREDIT AND PENSION CREDIT ALONG WITH MY WIFE. sHE IS MENTAL PATIENT I AM HER CARERE AND ALSO RECEIVE CARERE ALLOWANCE.


 


PLEASE ADVISE


 


I have applied to the court on 06/12/12 Application notice form N244 outlining my income and expediture and have requested to allow me to pay by instalments.


 

Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

How much is the stat demand for?

Do you dispute the debt?
Customer: replied 3 years ago.


Stat demand is for £8137.73


 


There is court order for £6850.00 passed on 30/06/12 which is now £8137.73 as per stat demand


 


I do not dispute the debt.


 


If you like I can email you scan copies of the correspondence.

Expert:  UK-Justice replied 3 years ago.
No thats ok.

The problem is you have limited grounds to set aside a stat demand:

1. The debt is below £750
2. The debt is secured to the creditors satisfaction
3. The debt is disputed

However the problem is you do NOT have any grounds to set it aside.

The problem is you need to apply to set aside, if you do not then you can be made bankrupt - but as I have said you have no grounds.

All you can do is negotiate with the creditor to see if it can be resolved.

The creditor does not have to accept monthly / weekly payments.

Even if you apply on Form N244 the Court has no power to suspend (like a bailiff warrant) to accept installments.

In reality - it is up to the creditor.

If the creditor refuses to accept monthly payments then there is nothing you can do.

You have limited grounds to set aside and no grounds are made out.

I am sorry if this is not the answer you are looking for but based on what you have said, this is the legal position.






Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


Thanks for your reply. May I come back to you on Monday to give my opinion regarding my satisfaction on your advice.


Thanks


Mahmood

Expert:  UK-Justice replied 3 years ago.
Yes.

Please remember although it may not be the answer you want - it is the legal answer..........




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.




You replied




13 December 2012 12:57 EST






Thanks for your reply. May I come back to you on Monday to give my opinion regarding my satisfaction on your advice.




Thanks




Mahmood



Expert:  UK-Justice replied 3 years ago.
Of course...............


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.

Dear Madam


 


Thanks for your advice but now I have taken another advice which is contrary to yours.


 


in my opinion you did not ask questions to under stand the circumstances in which this loan was made. Although i had offered to send you all the documents.


 


Anyhow I believe you were neglegent to investigate the case properly and come up with off the cuff advice which can be dangerous for innocent people.


 


Unfortunately I hav negatitive experience and hope you will not treat future clients like this.

Expert:  UK-Justice replied 3 years ago.
Ok - Good luck with this and I hope you resolve it.

Bear in mind this site is designed for general information only and not designed to form legal advice - as per the disclaimer at the bottom.

I hope you sort this and have a great Winterval.

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