And I’d like to thank Dbup for this post.
Originally posted by Diagnose b4 u prescribe
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I've posted this example reply I used to refute a Statutory Demand a couple of years ago, just in case the supposed 'new' lot at West 28th Street follow the same path as Felicitas (although I doubt they will). Perhaps some of those new to this thread may also want to draft a few bullet points of their own for future 'insurance purposes'. It cost me nothing except the recorded delivery postage. Here you go and hope it might help someone out there:
Dear Mr. xx
Your Ref: 12345
(Garraway/ Original Provider name) scheme ref: 12345
I am in receipt of your undated Statutory Demand made by your creditor Felicitas Solutions Limited in respect of alleged loan payments during the period (x date) and (y date).
Please treat this letter as a formal request to have this demand withdrawn and the court to set aside. This is based on information including, but not exclusive to the following points:
I have kept meticulous records of all physical and electronic communication received from the scheme promoters and their numerous agents including those who have made a series of ‘final settlement offers’ over the years including offers to settle by paying 5%, 6% and 10% of the total alleged claim. These include CHS Ltd, DOR Resolutions Limited, Trust Help Line, Dynamic Partners Consultants Limited, Gladstones, Felicitas Solutions Limited and now you on behalf of Statutory Law Limited.
I would expect any claim would be withdrawn immediately any parties carried out their due diligence and well before this demand was made so I believe this to be no more than vexatious litigation. In light of the information provided in this letter, please confirm in writing that any claim against me will be withdrawn. Should you decide to pursue this claim further, I give notice of my intention to vigorously defend my case. I will also make an application for costs in respect of my time and money plus the emotional distress caused to both myself and my family.
Furthermore I will also request you supply me with the following information for my records:
Dear Mr. xx
Your Ref: 12345
(Garraway/ Original Provider name) scheme ref: 12345
I am in receipt of your undated Statutory Demand made by your creditor Felicitas Solutions Limited in respect of alleged loan payments during the period (x date) and (y date).
Please treat this letter as a formal request to have this demand withdrawn and the court to set aside. This is based on information including, but not exclusive to the following points:
- I believe this alleged debt does not constitute either in form or intent, an employer or business loan but that this was a disguised remuneration scheme.
- Your letter is in breach of “pre-action protocol”, in that you have not adhered to the series of steps that must be taken to bring a claim or resolve a dispute in court.
- You have misused a Statutory demand as this is not a debt recovery procedure but a way to prove that an individual or a company cannot pay their liabilities as they fall due and are therefore cashflow insolvent.
- You have not applied due diligence in establishing the validity of the claim.
- You have failed to take into consideration the scheme’s arrangements with (X) who administered funds paid into (Garraway/ Original Provider name) as well as those paid out.
I have kept meticulous records of all physical and electronic communication received from the scheme promoters and their numerous agents including those who have made a series of ‘final settlement offers’ over the years including offers to settle by paying 5%, 6% and 10% of the total alleged claim. These include CHS Ltd, DOR Resolutions Limited, Trust Help Line, Dynamic Partners Consultants Limited, Gladstones, Felicitas Solutions Limited and now you on behalf of Statutory Law Limited.
I would expect any claim would be withdrawn immediately any parties carried out their due diligence and well before this demand was made so I believe this to be no more than vexatious litigation. In light of the information provided in this letter, please confirm in writing that any claim against me will be withdrawn. Should you decide to pursue this claim further, I give notice of my intention to vigorously defend my case. I will also make an application for costs in respect of my time and money plus the emotional distress caused to both myself and my family.
Furthermore I will also request you supply me with the following information for my records:
- You have listed moneys paid out between x date and y date. Please also provide the details of the corresponding payments made into (x) on my behalf over the same period.
- Please provide the name of the plaintiff against whom I will need to make my counter-claim including costs.
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