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Our Services

Dispute Resolution Solicitors

Dispute Resolution Solicitors

Statutory Demand

Statutory Demand
  • Are you frustrated by late or bad debtors?
  • Do you feel exhausted having to chase them and would like to turn the tables?
  • Have you considered a statutory demand?

A statutory demand is a very powerful way to demand that your debts are paid. It is usually quicker, cheaper and easier to collect your payment using debt collection letters. However, if these do not produce the desired effect, then a statutory demand may do so.

Else Solicitors have over 50-years experience in credit management. You can rely on our solid processes and reputation to collect your debts. Our debt collection letters have an impressive 95% success rate. This is partly due to our approach and partly due to our well established reputation. While some companies will happily ignore debt collection letters from other companies, this not the case with a letter from Else.

So, it is rare that you need to consider another approach such as a statutory demand. But what is a statutory demand and does it apply?

A statutory demand is a formal request from you for the payment of a debt from an individual or a company. You or your solicitor can complete a statutory demand form and deliver (serve) it to your debtor.

If your debtor does not pay or agree payment terms with you within 21 days of receiving the demand then you can apply to the Court to wind up their company.

To be able to wind up their company, you must be:

  • Owed more than £750
  • Able to prove that the company can’t pay you.

This is a last resort approach which is not without risk. You will be guided and advised through the process by our experienced team. We will discuss the various options with you and look at the approach that will get you paid as quickly as possible.

This approach can rapidly turn “won’t pay” into payers. However, if your client can’t pay then this may leave you permanently out of pocket.

If you haven’t heard from your debtor in 21 days, you can make an application to the Court known as a “winding up petition”. If it is successful then:

  • The company assets are sold
  • The company collects money it’s owed
  • Any legal disputes are settled
  • Any remaining funds are paid to you and any other creditors

The issue is that if the company genuinely cannot pay you, then it is highly unlikely that you will get paid when winding it up.

This approach is usually considered when:

  1. You think that your client can pay you and is withholding payment for no good reason
  2. You have tried using standard debt collection letters

If there might be a disagreement over the debt, or you suspect that the company cannot pay you in full now but may be able to do later, then you might look at making a Small Claim instead.

What we Do Best

The last thing any business owner, Managing Director or financial officer wants to do is waste their valuable time chasing late or bad debt. Our experienced team will take the strain and frustration off you and act on your behalf to ensure the debt is quickly paid whether this is using debt collection letters, a statutory demand or the Courts.

Else is a modern, dynamic and forward thinking team of solicitors. We have the expertise you expect from a large, traditional law firm. Our firm has considerable experience in debt collection and when we have your debts paid, we’ll look for other ways to help your business.

We recommend that you contact Andy Rudkin on 01283 526239 or andy.rudkin@elselaw.co.uk. The sooner you act, the quicker you get paid and the lower the risk of you losing out on your hard-earned money.

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