How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: UK Bankruptcy Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your UK Bankruptcy Law Question Here...
Joshua is online now
A new question is answered every 9 seconds

we have been served with a statutory demand for rent arrears

Resolved Question:

we have been served with a statutory demand for rent arrears by our former landlord.
we have been in contact with them and made an offer to repay the debt, we paid a lump sum to them on monday of this week. we have not had a reply from them.
should we apply to have the demand set aside or wait to hear from the landlord.
Submitted: 1 year ago.
Category: UK Bankruptcy Law
Expert:  Joshua replied 1 year ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

How much do you owe please and when was the SD served on you and how was it served?

Customer:

Hi Joshua,

Customer:

We owe £23,631.28 the demand was served on the 12th, it was given to us by someone that called at our new premises.

Joshua :

Thanks. Do you dispute the amounts demanded?

Customer:

No we do not.

Joshua :

From what you say you can afford to pay the amount demanded. Is that correct?

Customer:

No, unfortunately we are severely in debt, we owe money to our bank, HMRC,credit cards etc. we only manged to pay them £2,500 because a customer paid a large bill for our work by coincidence that week.

Joshua :

Thanks. You can challenge the statutory demand within 18 days of receipt however you would need to say why you dispute the amount or at least sum of the amount claimed in order to challenge it and from what you say you do not dispute it. If you are not able to dispute some or all of the debt you cannot challenge the demand successfully. If you can find a basis to dispute some or all of the amount it is possible to challenge the demand in court.

Joshua :

These are the forms you need to do so:

Joshua :

http://www.bis.gov.uk/assets/insolvency/docs/forms/ew/form6-04.doc%22Application%20to%20Set%20Aside%20a%20Statutory%20Demand%22

Joshua :

http://www.bis.gov.uk/assets/insolvency/docs/forms/ew/form6-05.doc%22statement%20to%20set%20aside%20statutory%20demand%22

Joshua :

If you are not able to challenge the demand then what follows is that the creditor can apply for insolvency proceedings against you whereby your assets will be taken into the control of a trustee and distributed amongst your creditors. Once you are discharged which is typically after a year or more from bankruptcy your debts will be wiped clean save for some debts to the Crown.

Joshua :

There is nothing stopping you coming to a payment arrangement by agreement with the landlord if he agrees to the same and if you can you can ask him for written confirmation that the statutory demand is set aside.

Joshua :

Is there anything above I can clarify for you?

Customer:

What if after this payment we do not hear from the LL

Joshua :

This is the £2500 you have already paid?

Customer:

Yes

Joshua :

How did you pay it - e.g. by cheque and letter or electronic transfer? If by letter did your letter say anything?

Customer:

I transfered the money electronically , and sent an email with details and terms that we would make further payments.

Joshua :

Thanks. If the landlord has not responded to you then you can either do nothing and continue to pay as per your proposal, contact the landlord and chase him for a response explaining that you have no money or assets to pay more at present and emphasising the pointlessness of any insolvency proceedings accordingly or challenge the statutory demand as above.

Joshua :

If you can make it clear to the landlord that there are no significant assets which you own (if true) then he would do well to consider that it is his interests to allow you to try to pay gradually rather than try to make you bankrupt. The latter option cannot recover more than you own.

Customer:

Thank you Joshua one further thing, as we have no assets at all other than the machinery we use for our business which is picture framing and these are my tools of my trade, if we are declared bankrupt will these be seized to repay the debt?

Joshua :

Tools necessary for your livelihood are exempted from bankruptcy provisions and cannot be taken into account. You can find full details of all exemptions (there are quite a few) here:

Joshua :

http://www.insolvencydirect.bis.gov.uk/freedomofinformation/technical/technicalmanual/ch25-36/Chapter30/Part%202/Part%202.htm

Customer:

Thank you again Joshua.

Joshua :

A pleasure. I hope you are successful in achieving an amicable payment arrangement.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

Ok.

Joshua, Lawyer
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other UK Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Max Lowry

    Advocate

    Satisfied Customers:

    61
    LLB, 10 years post qualification experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    61
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    59
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Solicitor

    Satisfied Customers:

    57
    2 Years Insolvency Litigation
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    19
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    12
    solicitor with 8 years experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    52
    PGD Law. 20 years legal profession, 6 as partner in High Street practice