Statutory Demand Service
Correct service of Section 268 and Section 123 demands — the essential precursor to insolvency proceedings
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.
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.
Operational Protocol
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.
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.
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.
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.
Proof Documentation
We provide a comprehensive proof of service or service report, ready for use by instructing solicitors or insolvency practitioners in subsequent proceedings.
Certificate & Affidavit of Service
Court-ready proofs compliant with Civil Procedure Rule requirements.
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.
Instruct on Statutory Demands.
Rapid scheduling across England & Wales. Immediate confirmation upon execution.