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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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I served a statutory demand for £1809 for non payment for some

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I served a statutory demand for £1809 for non payment for some building work . Today a recived a letter saying they will pay £1309 into my account on monday This is not acceptable to me . As they will then owe less than £750 does it mean i
I can no longer Proceed with the banckruptcy pertition ? should I block payment ? If I accepted payment could I try and recover the rest at small claims court ?
Submitted: 2 years ago.
Category: Law
Expert:  Max Lowry replied 2 years ago.
Hi, welcome to the site. My name is ***** ***** I will help you with your question. If they pay enough to bring then below £750 threshold limit for bankruptcy you will be unable to issue a bankruptcy petition. Have they given any reason for not paying the balance? You should demand the full amount if that is what you are owed. If they have no dispute regarding the balance they should pay that too. If they refuse to pay the full sum you can say that you will proceed with a bankruptcy petition and at which point they will be liable for your additional costs and expenses. In reality, however if they still do not pay you the full sum you should not proceed with the petition as the debtor will say he was always going to pay the £1309 and therefore there were no grounds upon which to issue the petition (as the debt falls below the threshold). Your only course of action if he doesn't pay the full sum is to accept the money (not in full and final settlement) and issue a small claim against him for the £500 plus court fees. Make it clear to him that if you are forced to go down the small claims route he will end up paying more than is owed at present.
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