Statutory demand

• Key contacts
• Case studies
• FWJ takeaway

Statutory Demands – legal assistance for creditors and debtors

Specialist statutory demand solicitors for SMEs, Directors & Individuals

✅ If you’re considering serving a statutory demand for payment or have just received one from a creditor, Francis Wilks & Jones are here to help.

✅ We are expert debt recovery and defence solicitors with nearly 25 years’ experience advising businesses, directors and individuals across England and Wales.

✅ We act fast, give clear advice, and resolve matters efficiently—whether you need to recover an unpaid debt or defend or negotiate against a demand served on you.

---

Using a Statutory Demand to recover a debt

For Creditors, Business Owners & SMEs

A statutory demand is a powerful legal tool used to enforce undisputed debts of £750 or more. If not paid or set aside within 21 days, it can form the basis of a winding up petition (for companies) or bankruptcy proceedings (for individuals).

✅ When should you issue a statutory demand?

You can issue a statutory demand if:

• The debt is undisputed and over £750
• Payment is overdue
• You’ve tried to collect the debt without success

🧾 Our services for creditors include:

• Advising on whether a statutory demand is appropriate
• Drafting the statutory demand correctly
• Instructing trusted process servers to make sure it is served properly and complies with all the service rules
• Dealing with the different types of responses, from offers to pay, negotiated settlement, threats of set aside or injunctions, and what to do if no response is received at all.
• Taking further action if unpaid, such as issuing a winding up petition or bankruptcy petition.

⚠️ Avoiding Common risks and mistakes:

• Issuing a statutory demand on a disputed debt can backfire
• Incorrect service can lead to your demand being set aside
• Using it as pressure without legal basis may amount to abuse of process

All of the above can become very costly without proper legal advice. Not only do our team help clients avoid these mistakes, we also ensure that maximum pressure is brought to make sure payment is received on time.

📞 Need to serve a statutory demand? Speak to our expert team today for fast, effective legal support.

---

⚖️ Defending or setting aside a statutory demand

For Debtors, SME’s & Individuals under pressure

Receiving a statutory demand can be alarming—especially if you’re unsure of your rights. Our team regularly helps companies and individuals deal with demands served on them , such as negotiating payment if the debt is due or defending the demand and seeking to get it withdrawn if the debt is disputed.

Help for Individuals served with a demand

🛡️ When can a statutory demand be set aside?

For individuals served with a statutory demand, we can help you apply to set aside a statutory demand if:

• The debt is genuinely disputed
• You have a counterclaim or cross-demand which is greater than the statutory demand amount
• The amount claimed is incorrect
• The demand hasn’t been properly served

📝 We can help you with:

• Urgent advice if you’ve just been served – you have 18 days to make the application.
• Preparing your application to set aside a statutory demand
• Representing you in the court hearing
• Preventing escalation to bankruptcy proceedings

⏳ Act fast – you typically have just 18 days to apply to the court to set aside the demand.

To read more about how we can help you with a statutory demand set aside – read our free statutory demand set aside guide.

---

Help for companies served with a demand

For companies served with a statutory demand, it is vital to deal with the demand quickly as otherwise, the creditor can issue a winding up petition – which can be fatal for any business. For example, if

• The debt is genuinely disputed
• You have a counterclaim or cross-demand which is greater than the statutory demand amount
• The amount claimed is incorrect
• The demand hasn’t been properly served

Then you have to act very quickly. Otherwise, the creditor can issue a winding up petition against you.   In these circumstances our team at FWJ can

• Write to the creditor setting out why a winding up petition should not be issued and invite them to provide an undertaking not to issue one
• In the absence of an undertaking or the withdrawal of the statutory demand, we can apply to court for an injunction to stop the petition being issued at court.  These are serious applications which our team at FWJ are experts at.

---

DON’T DELAY – ACT QUICKY

✅ The key to successfully dealing with a statutory demand served on you is to act quickly and take proper legal advice. The time limits for resolving the situation are tight – just 18 days. The longer you leave it, the less chance you have of a successful outcome.

✅ Our team of experts are here to speak to you for an initial free consultation – just pick up the phone today.

---

Do not hesitate to contact our expert statutory demand team at Francis Wilks & Jones. Whatever your enquiry, we have it covered. Come to the experts. Experience of dealing with 1,000s of statutory demands since 2002 makes us the country’s leading statutory demand experts.

One of the most astute appointments I have ever made.

A company director

I was delighted by the work done by the team at FWJ and cannot recommend them highly enough. Their legal and tactical knowledge was spot on.

An FWJ client