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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 12912
Experience:  Solicitor
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I have issued an individual with a stat demand for an

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Hi I have issued an individual with a stat demand for an outstanding debt of £163,000 the demand was issued under section 281 of the insolvency act 1986 a debt related by way of fraud as the individual went bankrupt and this clause means its removed from his bankruptcy allowing me to collect it.
JA: Where is this? And has anything been officially filed?
Customer: The issue is the individuals solicitor has demanded I retract it the stat demand by tomorrow COB or they will apply to the courts for it to be dismissed and I will be responsible for all costs.
JA: Has anything been filed in civil court? If so, what?
Customer: This is in the UK and Ive only served the stat demand of which the other side has accepted service
JA: Anything else you want the lawyer to know before I connect you?
Customer: they are looking to set the demand aside on the grounds of a disputed debt but this is not the case as the individual has admitted the debt to the official receiver
Customer: replied 3 months ago.
The solicitor claims I cannot issue the stat demand on the grounds of a disputed debt however the debt is not disputed as the individual admitted the and registered it with the official receiver so I don't believe those grounds are valid and he is just bullying me as I'm acting as a litigant in person.
Customer: replied 3 months ago.
This is a typical story of this day and age this individual is now back on his feet at the hands of his dishonest actions and he is using his wealth to avoid justice and the solicitors are happy to charge a fortune in order to try and help him evade justice
Customer: replied 3 months ago.
The solicitor is claiming it will cost thousands to have the stat demand set aside and they will look to recover costs from myself and if need be bankrupt me how can they charge thousands just to set aside?

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Is the debt disputed or not?

Customer: replied 3 months ago.
They claim they are disputing it but there is clear evidence of the individual admitting the debt as i was listed as a creditor in his bankruptcy

Ok - then you dont need to withdraw it.

If there is evidence that it is not disputed you can refuse.

But I should tell you, they apply to set aside and are successful, the rules say you are liable for their costs.

Can I clarify anything for you about this today please?

Customer: replied 3 months ago.
What can I expect their costs to be can they be capped ?
Customer: replied 3 months ago.
Jamie can I ask are you familiar with section 281 of the insolvency act 1986 ?

Costs wont be capped. But the Judge will assess them.

I am familiar with insolvency generally. If you have a specific question about that you would need to post a new question, as this one was about the set aside application and costs.

Does that clarify?

Customer: replied 3 months ago.
Ok Jamie thank you

Can I assist with anything else today?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 3 months ago.
i have two cases both fraud between them £600,000 there will be lots of questions that i will list again thank you Jamie