Insolvency Pressure

Statutory Demands — Serious Pressure to Pay

A formal demand that can lead to bankruptcy or winding-up proceedings.

Overview

What is Statutory Demands?

A Statutory Demand is a formal written demand for payment of a debt. It is a serious legal document that puts the debtor on notice that failure to pay may result in bankruptcy (for individuals) or winding-up proceedings (for companies).

Statutory Demands are a powerful pre-legal tool — many debtors pay promptly when served with a Statutory Demand to avoid the threat of insolvency proceedings.

Important: Hollingworth Collections is not a bailiff service, solicitor firm or regulated debt advice provider. We do not provide legal advice or carry out enforcement directly. Suitable enquiries may be introduced to independent recovery specialists and professional partners where appropriate.

The Process

How Statutory Demands Works

1

Statutory Demand Prepared

A formal Statutory Demand is prepared in the correct legal format, setting out the debt and demanding payment.

2

Served on the Debtor

The Statutory Demand is formally served on the debtor — personal service is required in most cases.

3

21-Day Response Period

The debtor has 21 days to pay the debt, reach a settlement or apply to court to set aside the demand.

4

Insolvency Proceedings

If the debtor fails to respond, the creditor can apply to wind up the company or make the individual bankrupt.

Eligibility Requirements

  • Debt must be over £750 for companies
  • Debt must be over £5,000 for individuals
  • The debt must be undisputed (or substantially undisputed)
  • A CCJ is not required before serving a Statutory Demand

Limitations & Considerations

  • Not suitable for disputed debts
  • The debtor can apply to set aside the demand if the debt is disputed
  • Insolvency proceedings are a serious step and should not be used as a threat
  • Hollingworth Collections does not serve Statutory Demands — we introduce to specialists

Need help with Statutory Demands?

Submit a free enquiry — we'll review your case and advise on next steps.

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FAQ

Frequently Asked Questions

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