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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There - request solicitor ALEX W if possiblei have

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hi there - request solicitor ALEX W if possiblei have recently issued a stat demand for a large sum of money
the stat demand was issued by a process server
the recipient initially denied his identity but has now engaged via email acknowledging he got the demand
my questions are as follows:
a)if he tries to set aside the stat demand within 18 days how long does it take usually for a hearing to take place in the UK?
b)does a district judge hear the case?
c)what happens in the hearing - is it simply each side presents their case with evidence? does the decision on the outcome get made the same day?
d)if i win the hearing can i automatically make him bankrupt or can he ask to settle with a deal?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello and thanks for asking for meA) depends on court listing and the amount of work listed for courtB) yesC) yes, he needs to show there is a genuine dispute, the sum has been paid etc D) no, you then need to issue a bankruptcy petition. But yes, you can do this after the stat demand.Can I clairfy anything for you?Alex
Customer: replied 1 year ago.
So far I have not heard from him other than him making wild allegations about the process server. What are his options if the debt is not disputed? In other words what else could he be considering to wiggle out of this? I assume he could just decide to go bankrupt but I wonder what else?
Customer: replied 1 year ago.
It is simply impossible for him to show the debt has been paid or is in dispute as he has acknowledged the debt as have his advisors. They just keep delaying the date of purported payment.
Expert:  Ash replied 1 year ago.
Yes. You can make him bankrupt if not set aside.Does that help?Alex
Customer: replied 1 year ago.
What I mean is what could he be trying to argue as to why it should be set aside? Could he claim he has been ill? Or his family money is tied up? Or is that really not relevant? I'm asking for "technical get outs"
Expert:  Ash replied 1 year ago.
Not relevant, either it's owing or it's not.alex
Customer: replied 1 year ago.
Ok I love the clinical nature ! So basically pay up or go bust? Can he negotiate with me via the court? Or would a deal be struck outside court?
Expert:  Ash replied 1 year ago.
he could if you agreed to itAlex
Customer: replied 1 year ago.
Can the judge instruct him to negotiate?
Customer: replied 1 year ago.
sorry alex so to be clear you are saying the court can instruct a negotiation or not? also you have not answered my question regarding technicalities - are there any or does the judge usually ignore these?
Customer: replied 1 year ago.
The court may grant the application to set aside the demand if:
 the debtor appears to have a counterclaim, set-off or cross-demand that is the same as, or more
than, the amount that is in the demand; or
 the debt is disputed on grounds that the court thinks are substantial; or
 it appears that the creditor holds some security, such as a mortgage, that has not been
disclosed or the court is satisfied that the value of any security is more than or the same as the
amount claimed; or
 the court is satisfied on other grounds that the demand should be set aside.
The court will only set aside the demand if the debtor would suffer injustice from the creditor
presenting a bankruptcy petition for the debtor’s non-compliance with the demand. So if the court
believes the debtor would not suffer injustice, it will not set aside the demand.
Customer: replied 1 year ago.
Expert:  Ash replied 1 year ago.
The court can't instruct negotiations. Within bankruptcy he either owes it or does not.He can only set aside on procedure or there is a genuine dispute. That is it.Does that clairfy?Alex
Customer: replied 1 year ago.
Ok very clear. I think there really cannot be a dispute so it's only procedure he could claim on but again it was served by a top processor and law firm?
Customer: replied 1 year ago.
Can you give an example of a procedural complaint?
Expert:  Ash replied 1 year ago.
If it wasn't served with the notice.Alex
Customer: replied 1 year ago.
Ok thanks
The person claims his money is tied up in a trust of which he is not the fiduciary and thus there is a delay due to changing trustees over (blah). The trust will not / has not yet given a guarantee so I assume the co-extensive principle doesn't apply nor would the court accept his excuse?
Expert:  Ash replied 1 year ago.
Unlikely Alex
Customer: replied 1 year ago.
Or I suppose it could ask for the trust to guarantee which is what we've asked repeatedly but as yet with no offer to do so? In other words we don't believe the trust will honour it's guarantee.
Expert:  Ash replied 1 year ago.
No, it's nothing to do with it.Alex
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