Statutory Demand - Particulars of Debt

[amp82]

Hi all

 

My former tenant is not paying unpaid rent. I have a CCJ for the amount due + costs and interest but he's decided to ignore all that by the looks of things.

 

I've downloaded Form 6.2 (Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediately Following a Judgement or Order of the Court) and was wondering if someone could assist with completing the section on particulars of debt.

 

I'd like to get it right first time as I believe there are consequences for inaccurate demands. If the wording needs to be quite technical then I'll see my solicitor, but I had hoped to have a bash myself if it's easy enough.

 

Thanks!

[citizenB]

I will alert others on Site team for you - they might be able to help

[AndyOrch]

If you have previously got a court order that the money must be paid (judgment), you can ask the court to enforce it. Information on enforcement is available in the Courts Service leaflet EX321

 

‘I have a judgment but the defendant hasn’t paid – What can I do?’.

 

You can get this publication from your local county court or from the HM Courts and Tribunals Service website: http://www.justice.gov.uk/about/hmcts/index.htm

 

 

You can present a bankruptcy petition without serving a statutory demand if:

 

• enforcement fails to get some or all of the money; and

• the debt for bankruptcy equals or exceeds £750.

 

If you wish to proceed with the SD you simply complete the particulars as per your initial claim but include that this has now been adjudged claim number xxxxxx in the court court xxxxxx dated xxxxxxx.

 

How should I serve the demand?

 

a. If an individual owes you money:

 

You must do everything you can to bring the statutory demand to the attention of the person concerned and, if possible, serve it personally on them. You should try to serve the demand at all their known addresses. You can employ a process server to do this for you (see paragraph 6).

 

If you cannot serve the demand like that because the person is keeping out of the way to avoid service, there are alternatives. You should use them only after:

• you have tried to serve the demand; and

• you have issued a letter of appointment for a second visit so that you can serve it personally.

 

If you fail to do this:

• the court may refuse to issue a petition; or

• the court may issue a petition and a bankruptcy order but could annul (cancel) the order if

you did not serve the demand properly, and order you to pay costs.

 

The alternatives to personal service are as follows:

• You can send the demand by first-class post or put it through the person’s letterbox, but only when you have made all efforts to personally serve it. If you do this yourself and you go on to present a bankruptcy petition against this person, you will need to provide a statement of truth that says how you tried to serve the demand. You will also have to state how you served the demand and on what date you believe the debtor would have seen it.

• You may advertise the demand in any way you think right if:

o the money is owed under a judgment or order of any court, and you know or believe that the debtor has left their address or is keeping out of your way to avoid service; and

o you believe you would not be able to recover the money owing to you by enforcing the court order.

 

See above “Must I always serve a statutory demand?” above about how to enforce a judgment.

 

Regards

 

Andy

[amp82]

Hi Andy

 

Thanks for your reply, it's very helpful.

 

Some further questions if I may:

 

1. If I haven't asked the court to enforce the judgement before serving the SD, will that be grounds for the debtor to set aside the SD?

 

2. Does my CCJ contain a copy of the initial claim? I only have a copy of the CCJ (and not the claim) but not to hand at the moment. If it doesn't include details of the initial claim, might you have a template I could follow to complete the particulars of debt?

On page 1 of the Form 6.2 it reads:

"By a Judgement/Order of the _______________ court in proceedings entitled (Case) Number _______ between ___________ Claimand and ___________ Defendant it was adjudged/ordered that you pay to the creditor the sum of £______ and £______ for costs."

Do I need to repeat the above in the particulars of claim section or perhaps include a shortened version?

 

3. Do I include interest into the sum as one figure or will I need to amend and separate it out? i.e. "...it was adjudged/ordered that you pay to the creditor the sums of £______ and £______ interest and £______ for costs."

 

Thanks ever so much!

[AndyOrch]

Hi Andy

 

Thanks for your reply, it's very helpful.

 

Some further questions if I may:

 

1. If I haven't asked the court to enforce the judgement before serving the SD, will that be grounds for the debtor to set aside the SD? No its your choice how you wish to execute judgment

 

2. Does my CCJ contain a copy of the initial claim? I only have a copy of the CCJ (and not the claim) but not to hand at the moment. If it doesn't include details of the initial claim, might you have a template I could follow to complete the particulars of debt? Just state on page 2 roughly what was on your N1 particulars claim form

 

On page 1 of the Form 6.2 it reads:

"By a Judgement/Order of the _______________ court in proceedings entitled (Case) Number _______ between ___________ Claimand and ___________ Defendant it was adjudged/ordered that you pay to the creditor the sum of £______ and £______ for costs."

Do I need to repeat the above in the particulars of claim section or perhaps include a shortened version? No

 

3. Do I include interest into the sum as one figure or will I need to amend and separate it out? i.e. "...it was adjudged/ordered that you pay to the creditor the sums of £______ and £______ interest and £______ for costs." Just calculate the interest from issue of the claim date to the day you intend to serve it and enter one figure.

 

Thanks ever so much!

 

PS welcome to CAG

 

Regards

 

Andy

[amp82]

Super, thanks Andy.