Statutory Demand - Bankruptcy Petition >>>>>>>>>>>>>>>>>>>>>

Statutory Demand - Bankruptcy Petition >>>>>>>>>>>>>>>>>>>>>

Postby donkey1984 » Sat Nov 03, 2012 8:40 pm

I have received a Statutory Demand under section 268(1)(a) of the Insolvency Act 1986.

The moneys being claimed have always been in dispute by myself and I believe that I only ever owed £6,000.00 for equipment my limited company hired, however I was billed approx. £20,000.00

My solicitor was useless and just wanted to settle so I reluctantly agreed to a tomlin order to pay £2,000.00 and then £500.00 a month. I then promptly terminated my retainer with my solicitor as she had done nothing but bill me almost as much as the claimant. I reluctantly paid the claimant approx. £15,000.00 over the course of the following months.

I then decided to stop paying and fight it myself, I made an application to the court stating that I was under duress when I agreed to the tomlin order and I wanted a re-trial. A couple of days before I wrote to the court explaining that I couldn't make it as I had the flu, I had to write to them because this court never answers the phone and they dont even have an email address. I thought my application hearing would be rescheduled but it wasn't and the court through out my application because I did not attended. Even tho I gave them at least 24 hours notice. Shortly after a bailiff arrived and posted the Statuary demand throw my letter box (please see attached).

1). The claimant was not the company my company hired from, they were a factoring company that had bought the hire companies invoices. In order for this to happen they would have needed an Assignment Agreement and it should have been posted to me via recorded delivery before the proceedings commenced in the first place or the Assignment Agreement would be null and void. I did not receive an Assignment Agreement at any time.

2). Also the claimant should have had the defendant down as my companies name not my personal name as it was a Limited company.

Would any of these reasons above warrant a void order or an application to have the order set aside?

Does anyone know what I can do to stop being made bankrupt over £6,820.12 - I have attached the Statuary Demand, I have blanked out my personal details and the claimants in an effort to keep this hidden from the claimant and their solicitors. any comment will be appreciated. thanks

Please note that there are 4 pages to the Statutory Demand but I was only able to post 1 page. I will make it 1 document and add the 3 remaining pages ASAP. As page 3 part C is for completion if the creditor is entitled to the debt by way of assignment. This part is blank but I dont think it should be.
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Re: Statutory Demand - Bankruptcy Petition >>>>>>>>>>>>>>>>>>>>>

Postby donkey1984 » Wed Nov 07, 2012 2:25 pm

I am trying to learn as quick as i can but i need some guidance - should i send this? any comments please

In care of:
Near: (---------)

November 7th, 2012

Re: ----------------, dated 24th October 2012.

Notice of Discharge of Outstanding Demand and Request for Clarification.

---------- ----------
------ -------- ---------
---- ------

Dear Sirs,

Please read the following notice thoroughly and carefully before responding. It is a notice. It informs you. It means what it says.

The reason why you need to read carefully is simple. I am offering conditional agreement. This removes controversy, and means that you no longer have any ultimate recourse to a court of law in this matter, because there is no controversy upon which it could adjudicate. You always have the option of dragging these conditions into a court of law only to be told that they are, indeed, perfectly lawful. That is, of course, always your prerogative should you decide to waste your time.

For this reason it is important that you consider and respond to the offer in substance. The 'nearest official form' will not suffice, and consequently is likely to be ignored by myself without any dishonour on my part.

On the other hand there is a time-limit on the agreement being offered. It is reasonable, and if it runs out then you and all associated parties are in default, removing any and all lawful excuse on your part for proceeding in this matter.

For these reasons it is recommended that you carefully consider this notice and respond in substance, which means actually addressing the points raised herein.

You have apparently made demands upon me.

I do not understand those apparent demands and therefore cannot lawfully fulfil them. I seek clarification of your document so that I may act according to the law and maintain my entire body of inalienable Natural Rights.

Failure to accept this offer to clarify and to do so completely and in good faith within 7 (seven) days will be deemed by all parties to mean you and your principal or other parties abandon all demands upon me.

I conditionally accept your offer to agree that I am legal fiction 'person' -------- -------- and that I owe £6820.12 for services rendered by your company, upon proof of claim of all of the following:

1. Upon proof of claim that I am a person, and not a human being.

2. Upon proof of claim that you know what a 'person' actually is, in legal terms.

3. Upon proof of claim that you know the difference between a 'human being' and a 'person', legally speaking.

4. Upon proof of claim that you know the difference between 'legal' and a 'lawful'.

5. Upon proof of claim that I am legal fiction 'person' ------- -------, being the entity to which your paperwork was addressed, and not Richard: of the Murphy family, as commonly called.

6. Upon proof of claim that the charge was the result of a lawful investigation unmarred by prejudice.

7. Upon proof of claim that I am a member of the society whose statutes and subsisting regulations you are enforcing.

8. Upon proof of claim that I showed you some sort of identification.

9 Upon proof of claim that there is a nameable society that I belong to and that the laws covered within any alleged transgressions state that they apply to me within that named society.

Sincerely and without ill will, vexation or frivolity,

--------- : of the -------- family
Without any admission of any liability whatsoever, and with all Natural, Inalienable, Rights reserved.
Please address all future correspondence in the matter to a direct Human Self, namely -------: of the ------- family, as commonly called.

Encl: Original paperwork as received.
Posts: 23
Joined: Tue Sep 04, 2012 7:39 pm

Re: Statutory Demand - Bankruptcy Petition >>>>>>>>>>>>>>>>>>>>>

Postby donkey1984 » Wed Nov 07, 2012 2:35 pm

they did not serve me with a assignment agreement before they commenced proceedings.

could i void the court order for that reason alone?
Posts: 23
Joined: Tue Sep 04, 2012 7:39 pm

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