Statutory Demand - Notice of Appointmentgreenspun.com : LUSENET : Repossession : One Thread
Sorry about this folks...thought I'd understood the S.D. stuff but now I'm not so sure! I got a letter from solicitors for The Mortgage Corporation entitled 'Urgent - Notice of Appointment' which tells me that they have been 'instructed to prepare and serve a Stautory Demand in Bankruptcy against you' and have ...'instructed our agents to attend at your home to serve you with these papers'. I've responded with SARN requests to solicitors and Brittanic,request for proof etc. Am I write in assuming that this is just a letter of threat and not the S.D. itself? Thanks again.
-- mark (firstname.lastname@example.org), June 04, 2002
The short answer Mark is yes - I think - see for yourself - go to http://www.insolvency.gov.uk/information/guidanceleaflets/debt/makesom eone.htm and click on number 4 - "how to prove that the debtor cannot pay".
It seems that a prescribed form is used for a Statutory Demand and it must be served on the (alledged) debtor in person - not by post.
-- Stephen (email@example.com), June 04, 2002.
I don't think you should treat this kind of demand as a threat, even though it is only a threat at this stage. You should take immediate action to get from the court any papers/info you need because you get so little time - 28 days - to respond if the threat turns into a promise.
See Repossession section...
-- Lee (firstname.lastname@example.org), June 05, 2002.
Sorry Lee, but you have even less time than that. According to the Statutory Demand form you only have 18 days from it's service in which to apply to have the demand set aside.
The form that they will use (form 6.1)can be downloaded from insolvency.gov.uk - I think it's worth us all getting familiar with it.
-- Stephen (email@example.com), June 05, 2002.