How have you disputed the invoice? In writing I hope and at this stage I would be deffo handing everything to a brief.
Magically inflated invoices are usually the work of one of three types of people: mongs, criminal chancers and professional types. I suspect you have the latter, architects, lawyers and accountants are the usual suspects. If it's a lawyers bill you are pretty well shafted, colleagues will be reticent about handling your case. In all cases though I would certainly complain to the relevant professional body questioning if it fits with their code of conduct. Your letter may be all they are waiting for to finally nail a bad egg's hat on.
Does that mean that you still go to a hearing to dispute the debt and that the stat demand sorry the hearing date is advertised ?
I have been out of the game for 10 years .
I lost one case when a bloody credit note appeared , and it wasn't on our system anywhere.
I won a case where the defendants went to court on a Saturday and tried to have the hearing set aside , however as both Directors had 9 previous companies go bust on them and one of the lads was being pursued for using company money for personal gains it got chucked out . However they Did stump up what they owed but went on to form more companies later on .
No, Forms 6.4 & 6.5 are for setting aside Statutory Demands against an individual and they do not apply for company to company demands.
There is no means of setting aside a Statutory Demand on a company; you can only attack a winding up petition. Quote from the Insolvency Service booklet "Statutory Demands"
Insolvency law does not specifically cover an application by a company to set aside a statutory demand. However, any person has the right to defend legal proceedings, so a company can apply to stop the process.
If the company has a valid defence to the statutory demand, it can apply to the court to stop the creditor presenting a winding-up petition. Legal advice should be sought before making application to the court.
If the company succeeds in its application to stop the creditor presenting a winding–up petition, the creditor will have to pay the costs of the hearing.
This is what I've done as otherwise I'd have got butt fucked with legal fees.
1: Paid off the original demanded amount (including the £4227 disputed amount)
2: Allowed them a small period of smug grace
3: Let them dig themselves a hole regarding holding on to books unlawfully and in breach of thier practice.
4: Issued proceedings through the small claims court (in order that they can't claim costs) The judges will go bat shit for issuing a stat demand when the amount was clearly in dispute and has been a long time. They will struggle to show that amount is due for such a small amount of work, especially with quotes from three of their competitors.
5: The moment the judgement is obtained (they will be too arrogant and stupid to offer settlement) I have chaps who own IT companies who for £200 will blog on everything on the internet what a pack of cnuts they are, so when someone googles them its all there.
Childish I know, but I don't like being stat demanded and bullied by a bunch of white shirt wearing turds.
If it is a professional body, make sure you at least advise their compliance officer. I had a dispute resolved some years ago just by having a visit with him and even though they were technically in the right the embarrassment of having failed to provide me with a required service (I didn't quite say incompetence) they did not pursue the matter. If you have a good relationship with your bank , keep them abreast of what is happening because the bully boy technique is to attack the credit rating so its worth safeguarding.
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is the limit still £ 750 for a stat demand or had it risen since I left. It allways seemed silly that once could issue to a plc on the basis of £ 750.00
I used to county the British rail loads of times , they were so big that the left hand never knew what the right hand was doing. So once I won the cases ( everytime ) because they didint ever respond we just use to call the legal dept give them a copy of the award and they would stump up and recharge to the offending unit .
So one day ther I am at the Podium Euston for a job interview . What makes you think that you are right for the post said the finance director ? Well I have sued you six times and won with costs and intrest I replied. Give him his due he hired me bless him.