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Welcome to Francis Wilks & Jones, the country’s leading firm of statutory demand solicitors. Whatever your situation, please contact one of our statutory demand lawyers for your expert friendly consultation.

Statutory Demands

1. Statutory Demand Definition

The definition of a statutory demand is set out in the Insolvency Act 1986 and different sections deal with a statutory demand for a company and a statutory demand for an individual.  In its simplest form, a statutory demand is a formal demand for repayment of a debt and has to be in the form prescribed in the Insolvency Act sections to be binding.
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2. Statutory Demand Minimum Amount

There is technically no minimum amount of debt to be set out on the statutory demand.  However, statutory demands are usually used as a pre-cursor for further action against a debtor, be it a company or an individual and it is useful to understand the next stages of a statutory demand and why the amount claim on statutory demand can be important.
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3. Statutory Demand against a Company

Statutory demands are commonly used against companies as well as individuals.  A statutory demand against a limited company can have the effect of obtaining payment and if payment is not made, then if the debt is over £750 the creditor can proceed with a winding up petition.
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4. Types of Corporate Entity on which a Statutory Demand may be Served

A statutory demand can be served on a company within the winding up jurisdiction of the courts of England and Wales. 
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5. Statutory Demand and Winding up Petitions

Ordinarily, a statutory demand is a pre-cursor to a winding up petition when used against a company.  Whilst a statutory demand is not a necessity prior to issuing a winding up petition, it can be important in certain circumstances.
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6. Statutory demands and winding up proceedings

Often, a debtor has a choice as to whether to proceed with a statutory demand or a winding up petition if the debt is owed to it by a company. Choosing the right course of action is very important and we can assist you with the “statutory demand or winding up petition” choice.
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7. Statutory demand debt details

In respect of a statutory demand, it is important to be very accurate about the debt you are claiming. This is true for both a statutory demand individual and a statutory demand company situation.
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8. Statutory demand security held

If the creditor seeking repayment of the debt by way of a statutory demand holds some form of security, then it is important that this is properly addressed in the statutory demand.
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9. Statutory demand signature

It is important to ensure that someone preparing a statutory demand complies with Rules 6.1 and Rule 4.4(3) of the Insolvency Rules 1986 and that the statutory demand is properly signed.
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10. Statutory demand service

It is important that the creditor has proper documented proof of service of the statutory demand. Failure to properly comply with the rules on statutory demand service will inhibit the ability to proceed either by way of a bankruptcy petition against an individual or a winding up petition against a company.
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11. Statutory demand service on an individual

It is important to make sure statutory demand service on an individual is properly carried out. It is obviously different to statutory demand service on a company and needs careful attention to comply with the rules. Failure to ensure proper statutory demand service can invalidate the statutory demand.
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12. Statutory demand service on a company

The rules relating to statutory demand service on a company are different to those relating to statutory demand service on an individual. It is important to get them right as improper statutory demand service against a company could invalidate the demand.
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13. Statutory demand proof of service

When serving a statutory demand against either a company or an individual, it is important to ensure proper proof of service of it. This will be required in order to proceed with either a winding up petition or a bankruptcy petition.
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14. Statutory demand mistakes

It is obviously advisable to try and avoid mistakes in statutory demands. It can lead to prolonging the process and even incur unnecessary costs. Taking legal advice before service can remove the potential of making a mistake when drafting the statutory demand.
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15. Statutory demand time limits

It is very important that the party receiving a statutory demand is aware of the time limits prescribed in the statutory demand to take further action. Failure to do so can lead to very drastic consequences.
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16. Statutory demand disputed debt

If a recipient of a statutory demand believes it is a disputed statutory demand debt, then there are steps that can be taken to protect its position. Those steps must be taken within the period prescribed on the statutory demand.
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17. Statutory demand set aside

It is possible for an individual who has received a statutory demand to apply for the statutory demand to be set aside. An individual must act quickly in order to have the statutory demand set aside and take steps within the period proscribed in the statutory demand.
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18. Company statutory demand dispute

In circumstances where a company is served with a statutory demand and the statutory demand debt is disputed, then action needs to be taken within the prescribed 21 day period to avoid potentially drastic consequences.
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19. Statutory demand disputed debt action to take

It is important that prompt action is taken if the statutory demand debt is disputed. This should initially be by way of a detailed letter to the statutory demand creditor.
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20. Statutory demand disputed debt company injunction

In circumstances where a company is faced with a statutory demand that the creditor will not withdraw, then if the debt is subject to a genuine dispute, the company can seek an injunction to stop a winding up petition being issued.
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21. Statutory demand based on judgment

If a party has been through the court process and obtained a judgment, one way of enforcing that judgment is by way of a statutory demand based on judgment.
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22. Statutory demand costs

Statutory demand costs are split between statutory demand solicitor’s fees and additional third party costs such as a statutory demand process server fee.
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23. Individual statutory demands personal service

If the statutory demand was served personally on an individual, there is a prescribed statutory demand form for the certificate of service.
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24. Individual statutory demand substituted service

If it is not possible to arrange for the individual statutory demand to be served personally, then the statutory demand may be served by substituted service. A different form is required as a certificate of service where the statutory demand has been served by substituted service.
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25. Statutory demand set aside

When dealing with a statutory demand individual, if that individual believes the statutory demand is disputed, then it needs to make an urgent application to set the statutory demand aside within 18 days from the date of service.
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26. Statutory demand help

At Francis Wilks & Jones, we have a team of expert statutory demand lawyers who can provide statutory demand advice and help on all aspects of statutory demands. We really are the country’s leading statutory demand experts.
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27. Statutory demand enforcement

Statutory demand enforcement can be used against companies and individuals depending on who owes the debt. The use of a statutory demand to enforce debt payment can be effective but must be used with care.
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28. Statutory demand example for an individual

The statutory demand format for an individual is different to that of a statutory demand format for a company. It is important that you use the right form as otherwise, there may be issues over the statutory demand validity.
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29. Statutory demand example for company

The statutory demand company format is different to that of a statutory demand individual form. It is important that you use the right form as otherwise, there may be issues over the statutory demand validity.
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30. Statutory demand HMRC

The use of statutory demands by HMRC is something which is common. It is often a precursor to the use of a bankruptcy petition or winding up petition to recover outstanding monies. If you receive a statutory demand from the HMRC, you should contact us as a matter of urgency as if you do not deal with it, they will almost certainly serve a winding up petition or a bankruptcy petition against you.
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31. Statutory demand or claim form

We are often asked if it is sensible to proceed with a statutory demand or simply to proceed in the normal county court or small claims court. It is a very important question to ask and make sure you get the right answer to.
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32. Statutory demand procedure

The statutory demand procedure is relatively straightforward. However, it is important to ensure that elements of it are properly carried out in order to avoid any statutory demand validity issues.
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33. How to issue a statutory demand?

We are often asked how to issue a statutory demand by prospective clients. Statutory demands are our specialism and we can help you on all aspects of a statutory demand.
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34. How to set aside a statutory demand?

A statutory demand can be set aside by someone if they have received a statutory demand and believe it is wrong. However, a statutory demand must be set aside quickly and missing the key time limits can prevent any set aside action.
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35. How to serve a statutory demand?

Service of a statutory demand is very important. Failure to properly serve a statutory demand can lead to it being dismissed by the Court and cost penalties being payable by the creditor.
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36. How to recover a debt from an individual?

There are many different ways to recover debts from individuals although one of the best and most hard hitting is by using a statutory demand.
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37. What is a statutory demand?

A statutory demand is a type of document as set out in the Insolvency Act 1986. There are different demands for companies and individuals. Basically a statutory demand is a type of formal demand for payment from an individual or a company.
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38. How long does a statutory demand last?

There are specified time limits with statutory demands by which the debtor must respond. Failure to do so can then lead to further action. Statutory Demands once served are only effective for a set period of time.
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39. Can a statutory demand be withdrawn?

We are often asked whether a statutory demand can be withdrawn. The answer is yes although great care needs to be taken if it is to be done properly.
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40. Can a statutory demand be served on a company?

The answer is that a statutory demand can be served on a company. The form of statutory demand is different to that of an individual.
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41. Can I ignore a statutory demand?

Our answer to the question “can I ignore a statutory demand” is that you can - but you should not. Burying your head in the sand will simply make matters worse.
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42. Stat Demand

Stat Demand is short for Statutory Demand. Stat Demand is common slang for Statutory Demand but either way, Francis Wilks and Jones is here to help you.
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43. Statutory Demand For Payment

A Statutory Demand for payment is a common method seeking recovery of non-disputed debts by a Creditor against a Debtor. At Francis Wilks and Jones, we are experts at Statutory Demand for payment claims.
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44. Setting Aside a Statutory Demand

Setting aside a Statutory Demand is something which a Debtor can do if the debt is disputed or it has a cross claim which overreaches the amount of the Statutory Demand claim. At Francis Wilks & Jones we are Experts on setting aside Statutory Demands.
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45. Issuing a Statutory Demand

Issuing a Statutory Demand is something Francis Wilks and Jones are experts at. We can help you avoid the common mistakes which people make when issuing a Statutory Demand.
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46. Serving a Statutory Demand

Serving a Statutory Demand is very important to get right. Failure to properly to serve a Statutory Demand can lead to it being struck out by the Court.
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47. Statutory Demand Notice

A Statutory Demand Notice is something which we are very familiar with at Francis Wilks and Jones. Statutory Demand notices or Statutory Demands as they are often called, are something we specialise in.
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48. Statutory Demand

A statutory demand is a type of form used by creditors to recover undisputed debts. At Francis Wilks & Jones we can help you with all aspects of a Statutory Demand.
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49. Does service of a statutory demand stop a claim then being issued in the County Court for the same debt?

We are often asked whether the preliminary use of a statutory demand then precludes the issuing of a County Court claim if the debt remains unpaid. The quick answer is no. The real question is in what circumstances should you revert to the County Court if the statutory demand does not lead to payment.
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50. Can creditors avoid the new Pre-Action Protocol for Debt Claims by serving a statutory demand on the individual instead?

We are asked many questions by clients now that the new Pre-Action Protocol for Debt Claims has come in to force. Creditors chasing debts are concerned about the way in which the new protocol is slowing down the recovery process. Is a statutory demand the answer?
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51. Does the original statutory demand have to be served or is a copy sufficient?

We are often asked this question as it is commonplace to e mail a copy of the statutory demand to the process server for service rather than send the original for service.
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52. Statutory demands and debtors outside the jurisdiction

This is relatively complex area and legal advice is recommended if you are considering service of a statutory demand outside England & Wales. At Francis Wilks & Jones we can provide the legal assistance you need if the debtor you are chasing is living outside the jurisdiction.
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53. Statutory Demands – chasing debts in a foreign currency

Is it possible to serve a statutory demand in respect of debts in a foreign currency? At Francis Wilks & Jones we can help you with this and many other questions relating to statutory demands. Call us now for a friendly statutory demand consultation. Let us help you get things right first time.
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54. Statute-barred debts and Statutory demands

We have been asked whether a statutory demand can be used for statute-barred debts and whether this is a way of avoiding limitation issues – if for example the debt is over 6 years old.
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