Inter company Stat Demand

Discussion in 'Finance, Property, Law' started by BiscuitsAB, Mar 20, 2013.

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  1. BiscuitsAB

    BiscuitsAB LE Moderator

    Does anyone know how you set aside an company to company Statutory demand? is it a N244D?

    Any help appreciated, its not something I've dealt with before.

  2. Porridge_gun

    Porridge_gun LE Good Egg (charities)

    Been looking at this and its a bloody minefield, I'd also appreciate any assistance.
  3. It's a ******* doddle, just pay the bill within 21 days of the demand being served!
    • Like Like x 1
  4. Porridge_gun

    Porridge_gun LE Good Egg (charities)

    What if the bill is full of mistakes, disputed and three times the original quote.

    Is the advice to pay what you believe to be the correct sum and lodge an application to set aside the remainder or to apply to set the full amount aside.
  5. 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.
  6. ViroBono

    ViroBono LE Moderator

    HMCS Forms 6.4 & 6.5, signed as 'authorised signatory'. Affidavit no longer required.
  7. sirbhp

    sirbhp LE Book Reviewer

    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 .

    Funny ole world innit ?
  8. 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.
  9. Porridge_gun

    Porridge_gun LE Good Egg (charities)

    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 ***** 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.
    • Like Like x 1
  10. Tytus_Barnowl

    Tytus_Barnowl On ROPs

    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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    In order to compete in an international marketplace, Americans must study harder than their counterparts around the world--and do so continually. Whereas members of the European Union are accustomed to working in different languages and across borders, American business tends to be insular; most companies do not take into account the broader perspective of trade regulations of different governing bodies. In addition to language difficulties, cultural differences make international business more challenging, but with the globalization of the world markets, it's well worth your time and effort to learn multi-cultural business etiquette.
  12. sirbhp

    sirbhp LE Book Reviewer

    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.