Application to Set Aside a Statutory Demand
So you have received a Statutory Demand under section 268 (1) (a) of the Insolvency Act 1986, in other words somebody has sent you the documentation to make you bankrupt!
This article explains the documentation required when disputing a statutory demand.
Disputing A Statutory Demand
If you are not able to come to an agreement with the creditor or there is a dispute, you can apply to the court to set aside the statutory demand.
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• The statutory demand should tell you how and where you should apply to set it aside. This would normally be in the same court that you would apply for your own bankruptcy.
• To set aside the statutory demand you must do the following within 18 days of receipt:
° prepare and file an Application To Set Aside a Statutory Demand using FORM 6.4
° submit a Witness Statement in Support of Application to Set Aside Statutory Demand using FORM 6.5
Being issued with a statutory demand can be very serious! Before
doing anything I would suggest that you seek independent advice!!
It is not unusual for some unscrupulous creditors to issue Stat Demands, just to scare you into paying your debt, or forcing you to contact them.
Get independent advice before responding!!!
If you require copies of documents of the above forms, please contact me and I will e-mail them over to you.
Dear Sirs,
Please can you help me I am trying to download two forms
Form 6.4 – Application to Set Aside a Statutory Demand
Form 6.5 – Witness Statement in Support of Application to Set Aside Statutory Demand
But the documents don’t download and open.
I need to set aside as soon as possible.
Please could you try to download and e-mail back to me so I can complete the process.
With thanks
Mr XXX XXXX
0787XXXXX
Hello U
Many thanks for visiting my blog.
I have edited your details to give you anonymity regarding your comment.
These forms that you require are not readily available from this site, as I think you would need to discuss this sort of thing before you submit them. The major problem is that some creditors issue Statutory Demands without intentionally going through the whole process.
How was the Statutory Demand sent to you?
I have also arranged for someone to contact you.