Reasons For A Defence
Secured Debt!! If the debt is already secured by a charge on your property the creditor can have this removed and continue with bankruptcy so you can’t always use this reason to have it set aside.
- The actual debt itself is in dispute in full.
- You have a counter claim against your creditor (i.e. they also owe you or your company money) that is the same/more than the sum that they say you owe them.
- The debt in question is a secured debt which uses as security property that has a value equal to or greater than the debt itself (but they can remove this first).
- The debt is for an “Unliquidated Amount”.
- The debt is over six years old from date of default (unless its Council tax / Inland Revenue or a debt from Dubai its 10 years)
- The debt is a Solicitors bill.
- The debt is a Consumer Credit Loan /Credit Card with No County Court Judgment.
- The debt is below the personal bankruptcy threshold of £5000.
- The debt is a personal loan from a friend with interest added.
- The debt falls outside of the British Commonwealth.
Warning!! Don’t think that if the value of the debt on the demand is incorrect. (debt £30,000. but you only accept £10,000. of the debt is owed ) and you put forward your defence on this basis to have the demand set aside, that will not happen!!.
Statutory Demands
Winding up Petitions
If you receive a Winding up petition it will have on it the debt the petitioner says you owe and the date the court is going to hear the Petition.
Company Demands
We determine if there is potential liability on the part of our client. We vigorously defend against any payment or settlement.
County Court Judgment
We will be attending court sessions to get the final resolution for the case.