Stat Demand Ignored

30summit

Hello,

When I was sent a stat demand, I replied, making what I believe to be a fair and reasonable offer.
The creditors never replied and now have filled a bankruptcy petition against me.

Is this acceptable?


thanks

AnotherJoe

I guess the bankruptcy petition IS their response?

MEM62

There is almost always more than one viewpoint as to what is 'reasonable'. No doubt if they considered your offer to be so they would petition for bankruptcy. In this case it looks like, ultimately, the judge will decide.

Without more background information the advice you will receive from the knowledgeable people that frequent these forums will be limited.

antrobus

30summit wrote: »

Hello,

When I was sent a stat demand, I replied, making what I believe to be a fair and reasonable offer.
The creditors never replied and now have filled a bankruptcy petition against me.

Is this acceptable?

thanks

A statutory demand is the first stage in the process for petitioning for bankruptcy.

Presumably your creditor wants all their money back. They are not obliged to negotiate.

30summit

thanks all.
The whole thing is a mess from the start to be honest.
Beyond help now.

thanks

sourcrates

30summit wrote: »

thanks all.
The whole thing is a mess from the start to be honest.
Beyond help now.

thanks

Well no, that`s not necessarily true, Bankruptcy can be a fresh start for you, you don't give any details so its hard to comment in a more positive note, it depends what assets you have, if you have nothing of value, they wont get any money back will they.

A little more information may help us better understand your situation.

30summit

Hi

Sorry my tones sounded so negative.

Basically my father didn't fully understand the demand, wrote back and said he would pay and was securing the money to do so.
He didn't attend his court case, as he believed the letter to solicitors about agreeing to pay was OK (he's not English).
Now things will spiral out of control.

He has a house and business... well, did.

thanks
:beer:

National_Debtline

Hi 30summit


I'm sorry to hear about your father's situation. From what you say, it sounds like he has already been made bankrupt as a court hearing has already been held. I would recommend contacting one of the free debt advice agencies for more detailed advice on how the bankruptcy will work, and all of it's implications.


Susie
@natdebtline

fatbelly

There's some more info on statutory demands here

https://www.nationaldebtline.org/EW/factsheets/Pages/statutorydemands/settingasideastatutorydemand.aspx

Have you checked whether he was made bankrupt at the hearing?

https://www.insolvencydirect.bis.gov.uk/eiir/

happyinflorida

30summit wrote: »

Hi

Sorry my tones sounded so negative.

Basically my father didn't fully understand the demand, wrote back and said he would pay and was securing the money to do so.
He didn't attend his court case, as he believed the letter to solicitors about agreeing to pay was OK (he's not English).
Now things will spiral out of control.

He has a house and business... well, did.

thanks
:beer:

If you want to help your father in this situation, contact the official receiver's office who is dealing with his bankruptcy petition.

They will help you if you show proof of what your father was doing, but if he was just taking out more debt to pay off one debt when he couldn't afford to do this, they will tell you!

You have to be honest with the OR's.

Any court case you must always attend, such a shame you and your father didn't as you could have possible prevented all this.

fatbelly

If he's not insolvent he will have to get the bankruptcy annulled

https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/bankruptcy-2/after-you-go-bankrupt/can-you-get-bankruptcy-cancelled/

Another option would be to change it to an IVA

https://www.insolvencydirect.bis.gov.uk/casehelpmanual/A/Annulments/Annulments.htm