Statutort Demand Dismissed??????

pinkjaney

the amount was £1600, dont have a problem if they want to make him bankrupt as long as it covers all his debt

pinkjaney

yes will do

pinkjaney

just trying to scan pics in

pinkjaney

sorry for being dumb but how do i put a scan pic on here?????

pinkjaney

DGJsaver

so , is it an ignorant judge re CCA !?
confused.com...

pinkjaney

Also had 9 pages of plain paper which were headed Terms and Conditions. This page mentions the APR

Although Capital One is mentioned in the wording, it is not on Cap One headed paper and looks like something just printed off a pc. The only place OH is mentioned is written in pencil at top of first page

pinkjaney

dont know you tell me cause i am confused.com too

pinkjaney

Sorry just lied OH name is typed on at top of page with account number, in same font as rest of the pages!!!!!

dantheman2010

Not sure if I will be much help, but I used to work in this sort of environment. Basically a Statutory Demand is the paperwork notifying the defendant that the claimant/creditor has an intention to make them bankrupt. It is usually to "scare" the defendant into making contact as they presume you wouldnt want to be made bankrupt. They usually want a payment plan put in place, unless they really do have the intention of making someone bankrupt. But you cant issue bankruptcy proceedings without firstly serving a Statutory demand either personally (handing it to you) or by substitued service (through your postbox). If you make an application to set it aside you need to provide the Judge good reasons as to why you dont believe this creditor/claimant shouldnt make you bankrupt i.e. payment offers etc. This application you have made will result in a "set aside" hearing, of course the Claimant will appear in court, but it is also for the person who made the application to appear too, it would have helped with the application. I am guessing you/your partner didnt attend, but the claimant did from what you have said so the judge has dismissed your application ruling in their favour. There would have been costs for this hearing and the time of the claimant appearing, and as you didnt attend and your application was dismissed you are liable for these costs.

So not only do you owe this money when the court says (if you cant pay by this date you should call the court concerned) but the claimant still has a valid statutory demand against your partner and therefore could issue bankruptcy proceedings.

I suggest after calling the court about the payment you call the creditors and set in stone a payment plan, in writing and get them to withdraw their application OR confirm IN WRITING that they will not proceed with the statutory demand.

I hope I have been some help, I used to work in this field and have filed many "stat d's" and also attended courts to represent the claimants in these matters (in my previous line of work).