Statutory Demands and Insolvency

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Jacqueline Webb

Jacqueline Webb

Partner/Head of Commercial
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Statutory Demand

In the case of an undisputed debt, rather than take Court action it may be more appropriate to proceed by way of Statutory Demand. This is a prelude to bankrupting an individual debtor or liquidating a Company debtor.
We will draw up the Statutory Demand for the debt and arrange for it to be personally served upon the debtor, at a fixed cost of £250 plus VAT.

1) Time Limits (Individuals)

An individual debtor has:

  •  18 days in which to apply to a County Court with Bankruptcy Jurisdiction to set the Statutory Demand aside; or
  • 21 days to pay the Statutory Demand

 

2) Time Limits (Companies)

A Company has 21 days in which to either settle the debt in full or apply to Court to prevent the advertising of the winding up Petition.

3) Default

If the debtor fails to comply with the above time limits it will then be open to you to file for the individual's bankruptcy or the company's liquidation.