CASE STUDIES

Case Studies
Mr A
Mr A contacted us as he had received a Statutory Demand served on him by a firm of solicitors who were seeking payment of their costs in relation to a lease between Mr A and his business landlord.

We quickly identified that the solicitors were using the Statutory Demand to "bully" Mr A. We were able to identify a legal argument that meant that the Statutory Demand simply should not have been used in the first place.

An application was prepared and lodged at Court within a matter of hours and subsequently the Statutory Demand was set aside by the Judge. We acted for Mr A on a "no win, no fee" agreement and his costs were paid by the solicitors.

Mr D
Mr D was a long leaseholder in a block of flats. He was in dispute with the company providing management services for the block of flats who presented a Statutory Demand for service charges that they claimed were due.

We quickly assessed Mr D's case and established that it was not open to the service charge company to use a Statutory Demand to try and force payment for these disputed charges for several reasons.

On Mr D's instructions a letter was sent to the management company pointing this out but they point blank refused to accept what we were saying and would not withdraw the Statutory Demand.

A detailed application was then submitted to Court on Mr D's behalf which resulted in an agreement being reached for the Statutory Demand to be withdrawn and Mr D's costs to be paid in full.

Mrs C
Mrs C has a business which had gone into an insolvent liquidation. She was subsequently pursued by the Liquidator who attempted to recover sums that he claimed were due from her to the company.

The Liquidator served a Statutory Demand on Mrs C who was by that stage a retired lady with limited means. She instructed us and we quickly identified that a Statutory Demand should not have been used.

An application to Court was submitted on Mrs C's behalf and an agreement reached to withdraw the Statutory Demand and Mr C's costs were paid by the Liquidator.

Mr S
Mr S had a chain of residential properties and hotels. He was served with a Statutory Demand by a creditor who had undertaken some building works for him.

The creditor was represented by a debt collection agency who seemed to use Statutory Demands as an effort to try and force payments of their client's debt.

We quickly identified two legal reasons why a Statutory Demand should not have been used in those circumstances. An application was submitted to Court within 48 hours and after two Court Hearings, the Statutory Demand was set aside and Mr S recovered his costs in full.

Mrs M
Mrs M had been a partner in a business where a car had been taken out on contract hire. Although efforts had been made to return the car at the end of the contract hire period, the leasing company would not collect the vehicle.

Mrs M incurred storage costs with the vehicle and heard nothing from the contract hire company for several years. An alleged "debt" was sold from the contract hire company to a debt collection company who tried to extract payment f

rom Mrs M by means of a Statutory Demand.
An application was submitted to Court within 24 hours of us being instructed. The Statutory Demand was set aside and Mrs M recovered her costs in full.

Mrs K
Mrs K received a Statutory Demand in relation to a credit card. She had had a credit card many years ago but had not heard anything from the credit card company for a considerable period of time. It therefore came as a great shock when she was approached by a company who claimed to have taken an assignment of the credit card debt.

Within 48 hours of being instructed, a detailed application was lodged at Court acting for Mrs K under a no win, no fee agreement. The matter became before the Court and on the first Hearing the Statutory Demand was set aside and Mrs K was awarded her costs in full.

The examples we have set out above are merely some of the examples of the many cases where we have successfully applied to set aside the Statutory Demand. As we have stated above, we have a 100% success rate in these applications.
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