Stat Demand for Mortgage shortfall

Hi

I had SD for a shortfall on mort a/cs when props were sold BMV by about 50% when LPA receivers sold them

we have no solicitor helping us- doing application to set aside by myself

some questions-

1. only i was served the stat demand by process server- he never mentioned my wife(although she joint owner, and [there maybe or not be SD papers for her in my bundle]- but SHE HAS NEVER HAD SIGHT OF THEM)- is there a case for HER to get this set aside as not served properly- we talked to Insolvency service and said MAYBE- but issue maybe judge will not allow this and creditor will then have automatic right to apply for bankruptcy- so do we apply for set aside on the usual reasons?- any advice and statute/case law would be great help


2. Had diff advice from Insolvency service on this- is there a fee for application to set aside via form 6.4 & 6.5?- 1 said no the other guy said yes!


3. Again Had diff advice from Insolvency service on this- when we put in our Application for set aside- form6.4 & 6.5(witness statement) - is this initially processed by county court clerk or by an actual Judge- one said clerk the other said judge would process application- any sole on here know correct answer?


4. we have 6 diff reasons for set aside(some a bit weak- but try all reasons)- main grounds are ongoing dispute and possible set-off- so do we put all supporting paperwork/evidence in with application- or do we leave this for an actual hearing? - the main ground is we tendered full settlement of these accounts by legal negotiable instrument which the bank accepted and still have- these notes are for more than the SD amount.

We need to get application in by early next week for the 18 days timing- so any replies ASAP PLEASE and Thankyou



I know most SD on here are based on CCA- this isn't but on mortgages, and i feel ok dealing with sold, barristers, DDJ in court with CCA issues(as done before) but this is new to me



Thanks



simon

Stat Demand for Mortgage shortfall