Recieved a 'Statutory Demand' appointment letter

CeeBeeDeeBee

Hi

I have just had hand delivered a letter headed 'Appointment Leter For Statutory Demand'.

In it it says;

"I have been directed to serve you with a Statutory Demand issued under the Insolvency Act 1986.

I have already attended at your address without meeting with you.

I have to inform you that I will attend your address, as above, on the xx day of December 2009, at xx hours, for the purpose of serving you personally with such Statutory Demand.

Should the above appointment be inconvenient, I will endeavour to attend any other reasonable appointment you may suggest or a Solicitor may accept service.

It is my duty to inform you that should you fail to attend the above appointment or any other made in lieu thereof, substituted service of the Statutory Demand shall be deemed to have effected by way of advertising the demand or by insertion of same through your letter box."


So basically is this step 1 in someone making me bankrupt? There are no details on this letter as to who the creditor is or the amount of the debt.

Do I simply wait for the SD or is there anything else I should do? I have big debts from the collapse of my business this year and am likely to go BR anyway - at least this way I save the fees!

Thanks

fermi

I suppose all you can do is wait until the SD is served (if it ever is).

Then you can see who the creditor is, and so make an assessment on whether you think they are bluffing. Most of the time they are.

fermi

Once you know who the creditor is you could always "wind them up" by sending the letter below.

(Courtesy of blind-as-a-bat)

Dear creditor,

Thank you ever so much for your recent letter (including a statutory demand) with a view to you petitioning for my bankruptcy.

You have no I idea what a relief that is as my finances have taken such a turn for the worse.

I have been struggling to find the £510 fees required to file for my own bankruptcy. So much so I have not been able to sleep at night worrying how I would achieve it.

I realise it will cost you £620 plus legal costs to do this.

Considering I have no assets nor enough income to contribute anything to my bankruptcy estate in the form of an Income Payment Agreement which means you will not recover any money for doing this, your act of generosity has left me lost for words.

But thank you for relieving me of the pressure I have been under, and allowing me to sleep soundly at night knowing I no longer have to worry about finding the fee for myself.

Yours very gratefully

:rotfl:

CeeBeeDeeBee

Cheers Fermi thats what I thought. First thing I did was Google it and that was the impression I was given.

They have put the date of their next appointment right near Christmas so obviously I want to move it - how far away can it be moved bearing in mind the Christmas break I imagine alot of legal firms have?

CeeBeeDeeBee

LOL at the reply letter I will keep that for when the time is right

sizzler

Nice one Ferni:rotfl::T:rotfl:

fermi

The SD would normally be delivered by a "process server", not an actual legal firm.

These people work whenever they like I think, so won't have to keep to any law firm's opening schedule over the break.

If they want to deliver it then, that is when they will do so. If you are not in this time around it is perfectly legal for them to put it through the door. Once you have had fair warning, that is enough to be correct service.

Bearing that in mind I doubt you will have any luck shifting the date. Why would they bother?

fermi

sizzler wrote: »

Nice one Ferni:rotfl::T:rotfl:

Thank BAAB. He wrote it (or pinched it from elsewhere )

CeeBeeDeeBee

Fair enough, I just thought they might not want to be out and about late Xmas Eve.

We don't answer the door to anyone we don't know now anyway so I guess they can just post it through the letterbox.

I am going to try and get them to move the date to Jan 8th when the kids have gone back to school - in my letter can I revoke licence for them to attend at any other time or is that too much provokation? Also can I ask them to supply aditional information re the debt?

Thanks

fermi

Nope. You can't revoke permission for them to attend I'm afraid.

You can try to get them to change the date I suppose. Can't do any harm to try.

The SD itself should give details of the debt, including who to and when it has been sold or passed on and who owns it now. The SD must also give a named person to contact at the creditor's offices.

The process server may give you details before they come, but I don't think they are obliged to.

now

Don't you have to invite them to attend your property? I thought you could say that you refuse to allow them to come on to your land? let them pay the costs or petition for your own BR, they have to give you 7 days to respond to the notice then they have to wait 14days for you to respond (I think this is right) then they have to take you to court. It will cost them money not you if the sink you and they have to be owed more then £750.00