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Statutory demand to pay section268

4 replies

Shelli3 · 20/06/2024 15:29

Hi all,
Looking for some much needed advice. We have had some substandard building work carried out and have paid the builders as they were completing the work.
However, after telling them to stop the work as it was a terrible job I have asked for some window deposit money back since the windows were never done.

The builder has now sent us a statutory demand to pay and added items on to a list that was already substandard to start with.

He is claiming £25k approx.
What is the best course of action to take next and does the statutory demand hold any weight?

It's stressful enough living in a building site without this!

Many thanks,
Shelli

OP posts:
RichardLice · 20/06/2024 15:37

You need to apply to have it set aside as a priority. You have 21 days from service to do this as the amount is in dispute. Not acknowledging it means that they can apply to make you bankrupt.

It would be worth asking on MSE or another debt forum or getting legal advice

Have a look at https://nationaldebtline.org/get-information/guides/statutory-demands-ew/ for how a stat demand works

NewASDMum · 20/06/2024 17:24

Definitely don’t ignore!

prh47bridge · 20/06/2024 19:49

Mostly agree with @RichardLice. However, one correction. You have 21 days to pay or make an arrangement to pay. If you want to have the demand set aside, you only have 18 days. You need to complete form IAA, complete a witness statement and apply to the court named on the demand with 3 copies of each form. You can find more useful information at Statutory demands | Set aside a statutory demand | National Debtline

Statutory demands | Set aside a statutory demand | National Debtline

https://nationaldebtline.org/get-information/guides/statutory-demands-ew/#how_to_apply_to_set_aside_a_statutory_demand

Shelli3 · 20/06/2024 22:11

Thank you all, I really appreciate it.

The builder hasn't named a court or put any details on the form as to what the sum is for.

I plan to set aside within 18 days, but I doubt that he really knows what he is talking about as he has stated I have to pay within 7 days.

Also I can't see him paying a further £1500 to get the backrupcy file in court.

I wondered if anyone has had any experience with this kind of threat before?

Thanks

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