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Setting aside a STATUTORY DEMAND
themagics
Posts: 204 Forumite
I have posted in previous threads that I have dad a stat demand served upon me that states a bankruptcy petition will be submitted to court. We had a word with Payplan (still brilliant) who sent us the set aside forms (which are also available for download) at:
The two forms required to set this aside are:
http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf
http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf
So today I part completed the forms and went to my local County Court for help filling them in and to get the aferdavit whitnesed.
The forms are a little bit complicated, so here is an outline of what they are for and a little advice (based upon todays experience)
Basically the form is YOUR request to the creditor that they should attend a hearing where you will state you case that the Demand is in question, incorrect, etc (reasons are on the form to be copied) - you should fill in the details of the reasons giving as much information as possible as this will be shown to a Judge before a hearing is made.
Be aware that the aferdavit your (sworn statement). and is submitted in conjunction with the :exclamati (NOTE) :exclamati THE ORIGINAL Stautory Demand :exclamati this is classed as exibit A.
If you have ANY other supporting evidence that points toward the stat demand not being correct etc, ie printed statements, proof of payments... you MUST submit a copy of it and list the items as exibit b, c etc on the statement if you want them seen as part of your case to the judge.
After I swore that the statement I had given was true, I was told that it would be submitted to the judge who will then decide a hearing date.
All I can do is wait... Doing this has actually given me a little ray of hope, (as well as I sent CCA letters to my creditors the other day - that 12th day is getting closer) that maybe the harassment will stop.
Don't be afraid of a Statutory Demand - if you feel you have a case to have it set aside, go for it, the staff at the Courthouse were very helpful, and not judge-mental in any way.
Some websites have mentioned that there is a fee for the set aside forms to be submitted - this is not the case, all it cost me today was the car park token.
I hope other people can add to this post, if only to help other people to go forward against the heavy handed recovery agencies...!
The two forms required to set this aside are:
http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf
http://www.insolvency.gov.uk/pdfs/forms/6-5.pdf
So today I part completed the forms and went to my local County Court for help filling them in and to get the aferdavit whitnesed.
The forms are a little bit complicated, so here is an outline of what they are for and a little advice (based upon todays experience)
Basically the form is YOUR request to the creditor that they should attend a hearing where you will state you case that the Demand is in question, incorrect, etc (reasons are on the form to be copied) - you should fill in the details of the reasons giving as much information as possible as this will be shown to a Judge before a hearing is made.
Be aware that the aferdavit your (sworn statement). and is submitted in conjunction with the :exclamati (NOTE) :exclamati THE ORIGINAL Stautory Demand :exclamati this is classed as exibit A.
If you have ANY other supporting evidence that points toward the stat demand not being correct etc, ie printed statements, proof of payments... you MUST submit a copy of it and list the items as exibit b, c etc on the statement if you want them seen as part of your case to the judge.
After I swore that the statement I had given was true, I was told that it would be submitted to the judge who will then decide a hearing date.
All I can do is wait... Doing this has actually given me a little ray of hope, (as well as I sent CCA letters to my creditors the other day - that 12th day is getting closer) that maybe the harassment will stop.
Don't be afraid of a Statutory Demand - if you feel you have a case to have it set aside, go for it, the staff at the Courthouse were very helpful, and not judge-mental in any way.
Some websites have mentioned that there is a fee for the set aside forms to be submitted - this is not the case, all it cost me today was the car park token.
I hope other people can add to this post, if only to help other people to go forward against the heavy handed recovery agencies...!
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