[scooter]

Hi Guys

We had a statuatory demand served on an ex-client for none payment of invoice and bounced cheques.

What options are open to us after the time limit is up. We know that if we pay a further £750.00 we can apply to make the guy bankrupt. Any other choices we have.

Also if we pay this £750.00 can we re-claim it

Regards

[IP2]

Dodgy ground...if you bankrupt the guy, he has nothing to pay you with!

So not only do you lose the £750, you lose the money he owed you in the first place.

Mind if I ask how much he owes you before I answer?

[scooter]

Hi IP2

The amount owed is £3055.00

[IP2]

Hi Scooter..

OK, enough to bankrupt him, but not in your interest to do so. It is a tricky situation and I think you need to decide whether you just want to bankrupt him or you want to get your money back eventually.

If you have contact, I seriously think you should propose terms, ie how much he pays and when. If you take him to court, you could end up paying the legal fees only to find yourself being forced to accept the same terms you could have without going to court.

Where have you got (if anywhere) with private discussion?

[scooter]

IP2

we have 15 days left on the time limit befor it runs out, and we don't have contact except through the balilff who served it

[Lime One]

The Stat demand is only of real use if the individual has funds and really is of the opinion you will proceed to bankrupt them. In most other cases the summons approach works better once you have judgment if you are proceeding against an individual.

That is due to the enforcement options available and the fact you can get them to personally appear in court under oral examination post judgment to provide information on their assets and means under oath. There are serious penalties for non attendance.

[PI Guy]

So what's the best approach if the debtor is a Solicitors firm? SD or Summons Approach?

[scooter]

At this stage could we still issue a court summons

[Lime One]

To Scooter, it's considered to be an abuse of the process to issue a summons before the time limit in the Stat demand is up. Wait to see what happens and make contact with the debtor if possible to remind them of the time limit.

To PI Guy

It depends on what you have from the solicitor confirming their agreement to the invoice presented. If they are absolutely clear ie have promised payment in full or words to that effect then the stat demand is a good option. Remember you need to tell them in writing you are going to do this just like any other letter before action.

[PI Guy]

Originally Posted by Lime One

To PI Guy

It depends on what you have from the solicitor confirming their agreement to the invoice presented. If they are absolutely clear ie have promised payment in full or words to that effect then the stat demand is a good option. Remember you need to tell them in writing you are going to do this just like any other letter before action.

There's absolutely no dispute with it. I suspect that their client hasn't paid them or something like that and they are too embarrassed to say so.