Director's Friend

The Director’s Friend and a Statutory Demand – a testimonial received:

Directors Desk
The Director's Friend

This blog post features a testimonial from a director client who was served with a Statutory Demand by two purported creditors. The client was recommended to the Director’s Friend by their business adviser.

A Statutory Demand:

A Statutory Demand is served by a creditor. It demands that the person pay a sum of money within 21 days or apply to set aside the Statutory Demand within 18 days.  Otherwise that person could be served with a bankruptcy petition.  If they are made bankrupt their property and goods are taken away from them.  Therefore, it is a very serious matter for the person in that it is a very real threat of being made bankrupt.

A Statutory Demand can also be served upon a company.  How the company can respond is different as a company cannot apply to set aside a Statutory Demand.  Amongst the options a company has is to apply to court to restrain presentation of a winding up petition.  This should also be made within 21 days of service.

Details of the Statutory Demand:

The Statutory Demand was attempting to make the director client personally liable for debts of his company.

The Director’s Friend was able to help:

This is the testimonial for the advice of the Director’s Friend:

“I instructed Richard Cole (the Director’s Friend) in respect of a Statutory Demand that had been served upon me. I was extremely concerned and worried by receiving the Statutory Demand particularly as my first language is not English.  I was referred to Richard Cole who was able to take my instructions.  Richard Cole was able to file my application to set aside the Statutory Demand at court within 48 hours of receiving my initial instructions.

Negotiations were entered into with my purported creditors. The Statutory Demand was successfully set aside at Court on the basis that I disputed the same.  With Richard Cole’s timely advice, the Deputy Registrar awarded me 90% of my legal costs for making the application.

I was very pleased and impressed with the service that Richard Cole as the Director’s Friend provided to me and the result that he achieved for me. Richard Cole certainly is the Director’s Friend!  I would have no hesitation in recommending Richard Cole to you for insolvency / directors’ advice.”

RL – Oxfordshire.

The Statutory Demand was dismissed with costs awarded.

If you, someone you know or a company is served with a Statutory Demand then bearing in mind the short timescales to respond please contact the Director’s Friend for help.

As the Director’s Friend, I was very grateful to receive this testimonial. It demonstrates the approach (and speed) that the Director’s Friend takes with the experience and knowledge that the Director’s Friend can bring to bear for you in your corner.

My name is Richard Cole. I am an insolvency solicitor who formerly worked in the Insolvency Service carrying out director disqualification investigations.  I am now the Director’s Friend.  Why not contact me to discuss on +44(0) 1992 558 411.  The earlier that you speak with me the more that I can likely help.

Until the next time ...

The Director’s Friend


tug rope

Reports suggest Judge Rinder & Seth Cummings Split...

Recent media reports suggest Judge Rinder has separated from his husband, Seth Cummings after 11 years together.

Following changes in the law allowing same sex marriages, divorce is treated in the same way for same sex couples as for couples of the opposite sex. When issuing divorce proceedings in both cases, the petitioner must show the marriage has irretrievably broken down and must rely upon one of five facts; Adultery, Unreasonable Behaviour, 2 years separation with the other party’s consent, 5 years separation or desertion. It should be noted however, that the law remains the same in respect of Adultery; the petition must show the Respondent has had intercourse with another person of the opposite sex; it cannot be relied upon if the Respondent has had intercourse with a person of the same sex. It remains to be seen whether the law will be changed in that respect.  

Here at Breeze and Wyles Ltd we offer expert advice on divorce whether it is a same sex marriage or couples of the opposite sex. We also offer advice in respect of the dissolution of a civil partnership or separation advice. Our lawyers are highly trained in all aspects of divorce and separation including advice on finances and matters relating to children.

Call us to discuss further on 01992 558411


Signing a Surname

Does a periodic tenancy count as being repeatedly renewed/granted?

Signing Document
Signing Document

 

This was the subject of a decision in Walcott v Jones & Jones. Central London County Court, 15 November 2017

The tenants, who commenced a tenancy in 2007, argued that the Section 21 served was invalid because the Landlord had failed to adhere to the requirements of the Deregulation Act 2015. They argued that the oral monthly tenancy was a re-grant of the tenancy every month that each periodic tenancy was a re-grant of the tenancy and therefore the Landlord failed to comply with the Deregulation Act 2015 when serving the s21. The DDJ agreed in the first instance and the claim for possession was struck out.  Not surprisingly the Landlord appealed and the Appeal Judge held that a periodic tenancy for the purposes of Housing Act 1988 (as amended) did not amount to a ‘grant’ of a new tenancy . The tenancy merely continued. Parliament did not intend a ‘grant’ in such circumstances. The DDJ had erred in law and appeal allowed.

Whilst this is great news for Landlords it is important to note that from October 2018 the Deregulation Act will apply to all assured shorthold tenancies no matter when and how they commenced.

Should you be facing a similar situation, feel free to contact our Landlord and Tenant team on 01992 558411 and they would be more than happy to assist you.


Moving on

8th January 2018 AKA "DIVORCE DAY"

 

 

The beginning of the year always brings with it an increase in instructions as couples make the decision to separate. For some the stress over the festive period was simply too much for the relationship to bear; for others perhaps the decision was made towards the end of the last year but put on hold to allow for “one last Christmas”. Additionally, the New Year is generally a time when we are expected to take stock of our lives and make changes to tackle things that we are not happy with and it stands to reason that this applies just as much to problems with a relationship as with the other areas of our lives such as health or fitness.

A decision to separate is not one to be taken lightly. It has significant consequences for all concerned and especially children. Consideration should always be given to whether the relationship can be saved and in this respect marriage counselling can be of significant benefit. If however the breakdown is irretrievable, early advice from a specialist family solicitor will ensure that you are aware of your options going forward so that you know where you stand in relation to a divorce, the financial arrangements resulting from the separation and also the arrangements for the children.

Breeze and Wyles Solicitors Ltd are specialist family solicitors in Hertford, Enfield and Bishops Stortford, able to offer advice and support in relation to divorce and other family law matters. We are also one of only a few solicitors able to offer the full range of process options including mediation, collaborative law and Arbitration. More information of the services we are able to offer is available on our website , including details of our fixed fee services or alternatively call 01992 558411.