I was wondering if anybody knows if a Statutory Demand can be issued where the debtor has applied for an Order to pay by installments?
The debt is for just over £8,000 and the debtor has asked to pay £75 per month claiming minimal to no income. Surely this is as good as an admission of being unable to pay the debt, as required in bankruptcy proceedings?
As the debtor owns multiple properties with significant equity I wish to pursue other means of enforcement (bankruptcy, charge on property etc.)
The old adage of "cash poor, asset rich" is very true here, and I cannot see how a court could allow an individual to retain assets claiming poverty when a CCJ has been issued?