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Builder Late Invoice Demand Statutory Demand Information Features FAQ

Statutory Demand under Section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately

  1. This is an important document. You should refer to the notes below entitled "How to comply with a statuory demand or have it set aside."
  2. If you wish to have this demand set aside you must make application to do so within 18 days froom its service on you.
  3. If you do not apply to set aside within 18 days or otherwise deal with this demadn as et out in the notes within 21 days after its service on you, you could be made bankrupt and your property and goods taken away from you.
  4. Please read the demand and notes very carefully. If you are in doubt about your position you should seek advice immediately from a solicitor, a Citizen Advice Bureau or a licensed insolvency pracitioner.

Notes for Creditor

  1. If the Creditor is entitled to the debt by way of assignment, details of the original creditor and any intermediary assignees should be given in part B on page 3.
  2. If the amount of debt includes interest no previously notified to the company as include in its liability, details should be given, including the grounds upon which interest is charged. The amount of interest must be sown separately.
  3. Any other charge accruing due from time to time may be claimed. The amount or rate of the chargee must be identified and the grounds on which it is claimed must be stated.
  4. In either case the amount claimed must be limited to that which has accrued due at the date of the demand.
  5. If signatory of the demand is a solicitor or other agent of the creditor the name of his/her firm should be given.


Participants Details


Demand To:

This demand is served on you by the creditor:



Statutory Demand


The Creditor claims that you owe the sum of it is payable immediately and, to the extent of the sum demanded, is unsecured.


The amount includes Statutory Interest of 8% + Bank of England Interest rate (3.50%), Compensation and administrative charges as per the Late Payments Act of Commercial Debts Act 2013. Only settling the balance in full will stop Court Action. Any partial payments shall firstly be allocated to Statutory Interest owed.


The creditor is of the opinion that you have no reasonable prospect of paying this debt which is due immediately because there has been no effort has been made to pay this debt which has gone beyond terms and has therefore been left with no alternative but to take legal action.


The Creditor making this demand intends to present a bankruptcy petition in the

if the debt is not satisfied.


Confirmation for Creditor


Please sign here on this signature pad.









Detail of Debt


Debtor


Details of Debt

(These details must include (a) when the debt was incurred, (b) the consideration for the debt (or if there is no consideration the way in which it arose) and (c) the amount due as at the date of this demand.)



Part A


Appropriate Court for Setting Aside Demand


Rule 10.4(4) and 10.48 of the Insolvency Rules 2016 states that the appropriate court is the court to which you would have to present your own bankruptcy petition in accordance with Rule 10.11. In accordance with those rules on present information the appropriate court is



Any application by you to set aside this demand should be made to that court.



Part B

The indvidiual or individuals to whom any communicatiton regarding this demand may be addressed is/are:




Part C For completion if the creditor is entitled to the debt by way of assignment.


How to comply with a statutory demand or have it set aside (ACT WITHIN 18 DAYS)


If you wish to avoid a bankruptcy petition being presented against you, you must pay the debt shown on page 1, details of which are set out on page 2 of this notice, with the period of 21 days after its service upon you. Alternatively, you can attempt to come to a settlement with the creditor. To do this you should:

  1. Inform the individual (or one of the individuals) named in Part B above immediately, that you are willing and able to offer security for the debt to the creditor’s satisfaction; or
  2. Inform the individual (or one of the individuals) named in Part B immediately that you are will and able to compound for the debt to the creditor’s satisfaction.

If you dispute the demand in whole or in part you should:

  1. Contact the individual (or one of the individuals) named in Part B immediately.

If you consider that you have grounds to have this demand set aside or you do not quickly receive a satisfactory written reply from the individual named in Part B whom you have contacted, you should apply within 18 days from the date of service of this demand on you to the appropriate court shown in Part A above to have the demand set aside.

Any application to set aside the demand should be made within 18 days from the date of service upon you and be supported by a witness statement stating the grounds on which the demand be set aside. The forms may be obtained from the appropriate court when you attend to make the application.

REMEMBER! From the date of service on you of this document

(a) you have only 18 days to apply to this court to have the demand set aside, and

(b) you have only 21 days before the creditor may present a bankruptcy petition


To save it's required to:

Check the box to say you're authorised to make the demand