Some debts are not recoverable using a statutory demand. Let our team make sure you avoid any common mistakes.
A statutory demand cannot be used for a statute-barred debt.
Furthermore, following the case of Mittal v RP Capital Explorer Master Fund [2014] BPIR 1537, a bankruptcy petition founded on a statutory demand for a statute-barred debt will be dismissed.
Of interest however, is the fact that in relation to a judgment debt, the six-year limitation period set out in section 24(1) of the Limitation Act 1980 (LA 1980) does not prevent a judgment creditor presenting a winding-up petition.
Our team at Francis Wilks & Jones is one of the best law firms in the UK dealing with statutory demands claims. We have great experience across our team and can deal with any type of statutory demand issue – for both creditors and debtors. Call now for a friendly consultation.
