TFTSTactical Field Intelligence Service
Services/Process Serving/Statutory Demands
CPR Part 6 · Statutory Basis: Insolvency Act 1986, ss.123 and 268; Insolvency Rules 2016

Statutory Demand Service

Correct service of Section 268 and Section 123 demands — the essential precursor to insolvency proceedings

The Procedural Imperative

When Delivery Cannot Fail

A statutory demand is the formal gateway to insolvency proceedings. Incorrectly served, it is worth nothing. Served correctly and contemporaneously documented, it creates the presumption of inability to pay and forms the legal foundation for a bankruptcy or winding-up petition.

A statutory demand is a formal written demand for payment of a debt exceeding the relevant threshold. Under the Insolvency Act 1986: Section 268 applies to individuals (the basis for a bankruptcy petition); Section 123(1)(a) applies to companies (the basis for a winding-up petition). The demand must be served in accordance with the Insolvency Rules 2016 and any applicable Practice Direction.

Statutory Governance

Under the Insolvency Rules 2016, a statutory demand on an individual should be served personally where practicable. Where personal service is not possible, the creditor may substitute service — but this requires an application to the court. Our practice is to attempt personal service as a priority, maintaining a detailed attendance record that can support such applications if needed. For companies, service on the registered office or principal place of business is generally sufficient, but must be documented.

Methodology & Rigour

Operational Protocol

01

Instruction Review

We receive the statutory demand from the instructing party and confirm: the name of the debtor, the service address, whether it is a personal or corporate demand, and any known complications.

02

Address Verification

Before attendance, we verify the address is current and associated with the named debtor. Where there is doubt, we conduct preliminary intelligence before wasting an attendance.

03

Personal Service Attempts

We attend the address and attempt personal service. Our agents are trained to confirm identity before tendering documents, using professional but firm methodology.

04

Non-Personal Service Record

Where personal service is not achieved, we document each attempt with sufficient particularity to support a substituted service application: dates, times, observations at the property, evidence of habitation.

05

Proof Documentation

We provide a comprehensive proof of service or service report, ready for use by instructing solicitors or insolvency practitioners in subsequent proceedings.

Evidential Deliverables

Certificate & Affidavit of Service

Court-ready proofs compliant with Civil Procedure Rule requirements.

01Contemporaneous service record for each attendance
02Proof of service documentation
03Witness statement or affidavit of service on request
04Photographic evidence of attendance
05Subject attendance/non-attendance notes
06Evidence to support substituted service application where required
Instructed By
Insolvency practitionersDebt recovery solicitorsCommercial litigation solicitorsCreditors and finance companiesAccountants and forensic accountantsAsset recovery firms
Common Questions

Frequently Asked

Why does correct service of a statutory demand matter?

If a statutory demand is not served correctly, the court may set it aside. This wastes cost and time and may prevent insolvency proceedings from being commenced. Correct, documented service protects the creditor's position.

What if the debtor refuses to accept the documents?

If a debtor refuses, the demand can still be served by leaving it with them or in their presence. We document refused service carefully to ensure the service is valid.

What if we cannot locate the debtor?

We offer address tracing as part of the instruction where the current address is unknown. We can conduct intelligence to establish a current address before the service attempt.

How many attempts do you make?

We make multiple attempts at different times and days to maximise the prospect of personal service. The number of attempts and timing is agreed with the instructing party based on urgency and circumstances.

Can you serve a statutory demand on a company director personally?

Yes, where the creditor requires personal service on a director rather than (or in addition to) service on the company, we can conduct personal service on named individuals.

Urgent Service Request

Instruct on Statutory Demands.

Rapid scheduling across England & Wales. Immediate confirmation upon execution.

Request Service Quotation
Central London & Nationwide Dispatches · enquiries@tfts.co.uk