re statuory demand

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kieranandmegansmum

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Post by kieranandmegansmum » Wed Dec 12, 2007 7:10 am
another thing isnt a statuory demand suppose to be sent by recorded delivery or hand delivered as my was sent by normal post say it had got lost in post and never recieved it how would i go on then as i wouldnt have known anything about it and could be made bankrupt without any warning

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MelanieGiles

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Post by MelanieGiles » Wed Dec 12, 2007 8:59 am
Normal post is fine for the statutory demand, although most sensible creditors would send it by recorded delivery to ensure they could show proof of posting. It is the bankruptcy petition which needs to be personally served.

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kieranandmegansmum

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Post by kieranandmegansmum » Wed Dec 12, 2007 3:59 pm
yes but if i hadnt recieved it and didnt know i could be made bakrupt with a petition and could have done something about it

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kieranandmegansmum

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Post by kieranandmegansmum » Wed Dec 12, 2007 5:03 pm
say i have recieved a statuory demand from one of my creditors do you think they would make me bankrupt as owe them 2400 because surely it would cost them a bit has anyone else had thisexperience whilst waiting for their proposal

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MelanieGiles

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Post by MelanieGiles » Thu Dec 13, 2007 9:11 am
If you did not receive the statutory demand, you would certainly receive the bankruptcy petition and then you could go to Court to appeal it. The chances of not receiving the demand are slight - less than 0.01% of Royal Mail postings actually go astray.

If you did receive a statutory demand, of course the creditor would be serious about making you bankrupt, as that is what the demand is a precursor to.

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kieranandmegansmum

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Post by kieranandmegansmum » Thu Dec 13, 2007 1:37 pm
yes but how much does it cost them to make you bankrupt

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MelanieGiles

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Post by MelanieGiles » Thu Dec 13, 2007 1:38 pm
About £1,200.

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kieranandmegansmum

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Post by kieranandmegansmum » Thu Dec 13, 2007 1:46 pm
well surely then they arent going to gain much from this

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MelanieGiles

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Post by MelanieGiles » Thu Dec 13, 2007 10:05 pm
They do not always take the commercial view unfortunately!

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kieranandmegansmum

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Post by kieranandmegansmum » Fri Dec 14, 2007 7:16 am
melanie have you ever had a client issued a statuory demand whilst dealing with their iva process and if so have you been able to sought it out

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MelanieGiles

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Post by MelanieGiles » Fri Dec 14, 2007 9:07 am
Absolutely - as I have said previously there is a time limit between the serving of a statutory demand and a bankruptcy petition. You just need to makes sure that the creditors meeting is held between the two dates.

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kieranandmegansmum

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Post by kieranandmegansmum » Fri Dec 14, 2007 5:33 pm
so basically i only have about 3 weeks after the statuory demand has expired

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MelanieGiles

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Post by MelanieGiles » Fri Dec 14, 2007 8:40 pm
You really need to now discuss this with your IP who is there to help you with things like this. Are they aware of the demand?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

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kieranandmegansmum

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Post by kieranandmegansmum » Fri Dec 14, 2007 8:45 pm
ive sent the demand to the company for them to deal with also is it correct 3 weeks or 6 weeks from expiry of demand

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MelanieGiles

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Post by MelanieGiles » Fri Dec 14, 2007 9:25 pm
You have 18 days to respond to the Statutory Demand.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
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