Demand immediate payment of a debt ('statutory demand')

Published date21 March 2018
Rule 10

Rule 10.1

Form SD 2

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

Warning

  • This is an important document. You should refer to the notes below entitled “How to comply with a statutory demand or have it set aside.”
  • If you wish to have this demand set aside you must make application to do so within 18 days from its service on you.
  • If you do not apply to set aside within 18 days or otherwise deal with this demand as set 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.
  • 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 practitioner.

Notes for Creditor

  • 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.
  • If the amount of debt includes interest not previously notified to the company as included in its liability, details should be given, including the grounds upon which interest is charged. The amount of interest must be shown separately.
  • Any other charge accruing due from time to time may be claimed. The amount or rate of the charge must be identified and the grounds on which it is claimed must be stated.
  • In either case the amount claimed must be limited to that which has accrued due at the date of the demand.
  • If signatory of the demand is a solicitor or other agent of the creditor the name of his/her firm should be given

Demand

To ________________________________________________________________________________________

__________________________________________________________________________________________

Address ___________________________________________________________________________________

__________________________________________________________________________________________

This demand is served on you by the creditor:

Name ______________________________________________

Address ___________________________________________________________________________________

__________________________________________________________________________________________

The creditor claims that you owe the sum of £ ______, full particulars of which are set out on page 2, and that it is payable immediately and, to the extent of the sum demanded, is unsecured.

The creditor demands that you pay the above debt or secure or compound for it to the creditor’s satisfaction.

[The creditor making this demand is a Minister of the Crown or a Government Department, and it is intended to present a bankruptcy petition in the [High Court][County Court at Central London] [Delete as appropriate].

Signature of individual _____________________________________________________________________

Name ___________________________________________________________________________________

BLOCK LETTERS

Date ___________________________________________

*Position with or relationship to creditor ______________________________________________________

* I am authorised to make this demand on the creditor’s behalf.

N.B. The person making this demand must complete the whole of pages 1, 2 and parts A, B and C (as applicable) on page 3

.

Address ________________________________________________________________________________

_______________________________________________________________________________________

Tel. Nº _____________________________

Ref. ____________________________________

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.)

Note: If there is insufficient space, please continue on a separate sheet and clearly indicate on this page that you are doing so.

Part A

Appropriate Court for Setting Aside Demand

Rule 10.4(4) and 10.48 of the Insolvency Rules 2016...

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