Statutory demand under Section 268(1)(a) of the Insolvency Act 1986. Debt payable at future date
| Published date | 21 March 2018 |
| Subject Matter | Bankruptcy and insolvency forms |
Rule 10.1
Form SD3
Statutory Demand under Section 268(2) of the Insolvency Act 1986. Debt not 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 own the sum of £ ______, full particulars and consideration of which are set out on page 2, and if no consideration how the debt arose are set out on page 2.
The creditor is of the opinion that you have no reasonable prospect of paying this debt when it falls due because _________________________
|
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. [* Delete if signed by the creditor]
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 * This is the address to which the court or the creditor will send any documents relating to this demand. |
|
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 sets out the way of determining the appropriate court or hearing centre...
To continue reading
Request your trial