Statutory demand mistakes

A court can set aside a statutory demand if it is shown to be defective. This is pursuant to a legal case called Re A Debtor (Number 1 of 1987) [1989] 1 WLR 271.

There are 2 main types of defective statutory demands:

  1. Statutory demands which contain incomplete misleading or inaccurate details of the statutory demand debt claimed by the creditor from the debtor.
  2. Statutory demands where the statutory demand debt claimed was not in fact due to the creditor at the date the statutory demand was served.

There is much case law relating to statutory demand mistakes but the court will consider the matter carefully and even in circumstances where the statutory demand debt is not accurate on the statutory demand form, so long as the outstanding statutory demand debt is over the statutory demand minimum limit then the court will take this into account. The court will also look to see whether the statutory demand has caused any injustice to the debtor.

Equally, failure by the creditor to refer to any security it may hold over the debtor’s assets may not invalidate the statutory demand.

Contact expert statutory demand solicitors now

Please contact one of our expert statutory demand lawyers now for your consultation. At Francis Wilks & Jones, we have all the statutory demand experience needed to deal with any type of statutory demand problem.  We offer fast and effect statutory demand advice, whatever your situation. Call now for a friendly consultation.

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